Gun Owners of America is suing FL in Federal Court over OC Ban and Under-21 Carry Ban.

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  • Miami_JBT

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    The Gun Owners of America (GOA) from Florida has filed a lawsuit looking to have a 1893 law overturned that bans citizens from openly carrying a firearm.

    GOA Florida Director Luis Valdez says the lawsuit is needed because the Republican lawmakers wont repeal it.

    Valdez says the 1893-gun restriction law is unconstitutional. The law states, “it’s unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.”

    Florida is a pro-gun state. Gov. Ron DeSantis signed pro-gun legislation doing away with a state mandate that said residents 21 and up would need a permit to carry concealed firearms. The law is gone and so are the permits and the fees associated with it.

    While Valdez acknowledges some things have moved forward with improving gun rights within the state, it’s not enough.

    This year, the Florida GOA lobbied to repeal a 2018 bill that increased the age limit from 18 to 21 when purchasing a long rifle. Some Republicans supported the repeal, but the state GOP controlled Senate wouldn’t bring it up for discussion.

    Those within the Governor DeSantis’ office have said he would get behind legislation to repeal the 1893-gun ban on open carry ban in that legislation, but state lawmakers haven’t brought it up.

    Valdez has been critical of state GOP lawmakers. He accused Florida Republican Senate President Kathleen Passidomo of acting no different than state democrats on this issue.

    Passidomo says she didn’t support open carry because law enforcement groups like the Florida Sheriffs Association wouldn’t back it.

    “I think the timing on an open carry proposal may come up sooner rather than later,” said former Florida State Rep. Matt Caldwell. Caldwell was one of the few Republicans who voted against raising the age limit to purchase a rifle.

    Caldwell says the state has moved in the right direction on addressing more pro second amendment legislations.
     

    Miami_JBT

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    Good people get jammed up. That's why we're pushing for legalization in FL.

    Enough is enough.

    In Columbia County, a blind man with a folded seeing eye-cane in his back pocket was harassed by the Sheriff's Office because they thought he had a gun tucked into his back pocket. What was the man doing? His civic duty, he was reporting to court for jury duty. The Sheriff's Deputies originally wanted to arrest him for openly carrying a firearm. But once they realized they made a mistake, they instead charged him with disorderly conduct.

    Again, what was the guy doing? Reporting to jury duty.

    A blind man was arrested after an officer thought he had a gun. It was his cane. - CBS News, Nov. 10, 2022
     

    Miami_JBT

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    CA Attorney General joins FL in fighting against repeal of the Under-21 Purchase Ban.

    Yup, the State of California, along with twenty other anti-gun Attorney Generals has filed amicus briefs to support Florida's Republican Attorney General Ashley Moody to fight against the repeal of the Republican passed gun control after Parkland in 2018. Currently, in the 11th Circuit, the Under-21 Purchase Ban has been appealed for an en banc review after a three-judge panel ruled that the Under-21 Purchase Ban was constitutional under NYSRPA v. Bruen.

    At no point as Gov. DeSantis nor has FL AG Moody publicly commented on this case and the law specifically being unconstitutional.

    But AG Moody sure likes to crow on Twitter how pro-gun she is.

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    The fact that you have a Republican AG in a Republican Supermajority State fighting against the repeal of a unconstitutional law, with a Republican Governor staying silent on the issue is deafening.

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    Friday, August 30, 2024
    Contact: (916) 210-6000, agpressoffice@doj.ca.gov
    SACRAMENTO — California Attorney General Rob Bonta today joined a multistate coalition of attorneys general encouraging the U.S. Court of Appeals for the Eleventh Circuit, sitting en banc, to affirm a 2021 district court decision rejecting a Second Amendment challenge to a Florida law that prohibits any person under the age of 21 from purchasing firearms and prohibits federally licensed firearms dealers from selling firearms to anyone younger than 21. The brief, filed in National Rifle Association v. Commissioner, warns that an opinion of the full court striking down the Florida law could undermine efforts by states to protect their citizens through the application of similar age limitations laws.

    “States need the freedom to develop individualized firearms regulations tailored to the specific public safety needs and circumstances in their jurisdictions,” said Attorney General Bonta. “Many states across the nation, including California, impose some age-based restrictions on the possession, purchase, transfer, or use of firearms, reflecting their collective judgment that such laws promote public safety and curb gun violence within their borders. I stand with Florida and other states dedicated to safeguarding commonsense gun laws.”

    Plaintiffs challenged Florida’s age limit law on the ground that it unduly infringes upon the Second Amendment rights of individuals aged 18 to 20. But the district court rejected that claim in 2021 based on a historical record that provides abundant evidence of a longstanding tradition of limiting access to firearms for those under age 21. In 2023, a three-judge panel for the Eleventh Circuit assessed the challenge under the new legal framework from the U.S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, and affirmed the district court’s decision to uphold Florida’s law. The Second Amendment allows governments to enact sensible and varied regulations designed to protect the public as long as those regulations are consistent with the nation’s historical tradition.

    These efforts continue the ongoing work of Attorney General Bonta to protect the public from gun violence. Recently, the Attorney General launched a first-in-the-nation Office of Gun Violence Prevention, took legal action against ghost gun retailers, advocated for and defended commonsense gun laws, worked on the ground to keep firearms out of the hands of dangerous individuals, and announced Senate Bill 2 (SB 2), to strengthen California's existing concealed carry weapon (CCW) laws. California’s Assembly Bill 1594 (AB 1594), which was sponsored by Attorney General Bonta and signed into law in July 2022, creates a pathway for Californians who have been harmed by gun violence to hold the appropriate parties — including gun manufacturers and distributors — accountable.

    Attorney General Bonta joins the attorneys general of Illinois, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington in filing this amicus brief.

    A copy of the brief can be found here.
     
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