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.
     

    Miami_JBT

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    TALLAHASSEE, Florida — Florida’s Republican attorney general won’t fight a challenge to the state’s ban on openly carrying firearms, sidestepping a court fight in the nation’s third largest state.

    Ashley Moody, who was first elected in 2018, has routinely sued President Joe Biden’s administration and publicly complained about authorities who refuse to follow the law. But her office turned down requests to represent a state prosecutor and a county sheriff who were the named defendants in a federal lawsuit brought by a gun rights organization that argues the ban violates the 2nd and 14th Amendment.

    This means that Moody, a rumored candidate for governor in 2026, is skipping a potentially game-changing lawsuit that could result in guns being carried publicly in the tourist-dependent state.

    The state attorney being sued in the lawsuit asked Buddy Jacobs — who has been a long-time lobbyist for the association that represents prosecutors — to represent him in the case after Moody’s office turned down a request to represent the prosecutor. Jacobs told POLITICO that Moody’s office also declined a request by the St. Lucie County sheriff to get involved in the case.

    Kylie Mason, a spokesperson for Moody, would not say why the attorney general had declined to defend Florida’s open carry law. Mason only said in an email that “our office may become involved at a later stage.”

    One of the jobs of the state attorney general is to help defend the constitutionality of Florida laws, and Moody has defended laws limiting guns in the past. Moody, for example, is currently helping defend the Florida law that legislators passed after the Parkland shooting that raised the age limit to purchase a rifle from 18 to 21. That’s despite her opposing raising the age limit on the campaign trail in 2018.

    Moody has intervened in other, lower profile cases recently. Earlier this year she stepped into a federal lawsuit challenging the constitutionality of a recently-enacted law regarding Gainesville city utilities. In 2022, Moody intervened in a federal lawsuit that the American Civil Liberties Union filed against the Leon County court clerk that included a challenge to the state’s bail bonds law.

    Moody has taken on a prominent role challenging the Biden administration and has sharply criticized Democratic politicians who she said fail to enforce the law. At a recent press conference in August, Moody took aim at California Gov. Gavin Newsom and other politicians that she said were letting there be “chaos in the streets” due to their unwillingness to enforce laws they did not agree with.

    “Laws are nothing if they are not enforced,” Moody said at the time.

    The office of Thomas Bakkedahl, the state attorney who represents several counties in Florida’s Treasure Coast region and is being sued, directed questions to Jacobs. A spokesperson for the St. Lucie County sheriff did not immediately return a request for comment.

    “I was surprised when I heard the attorney general would not defend the state but I won’t speculate as to reasons,” said State Attorney Dave Aronberg, a Democrat from Palm Beach County who is not part of the litigation.

    But he added that: “There’s not a lot of support for open carry in Florida which is why the plaintiffs are seeking to have the courts do it rather than the Legislature.”

    The state Supreme Court has previously upheld the law banning open carry, but the split ruling came seven years ago — before the court’s makeup was changed by Gov. Ron DeSantis.

    DeSantis and Moody are considered allies, but the two are elected independently of each other. The governor, who is term-limited, has not overtly gotten involved in the race to replace him.

    Gun rights activists did push to scrap Florida’s long-standing open carry law when legislators eliminated permit requirements for concealed weapons. DeSantis said he was willing to consider allowing open carry, but certain legislative leaders — including outgoing state Senate President Kathleen Passidomo — opposed the move. Passidomo cited opposition from Florida’s sheriffs as one of the reasons she did not support open carry.

    Gun Owners of America, along with a Palm Beach County gun owner, filed a lawsuit in early August calling the state’s ban on open carry a “blatant infringement” of the Second Amendment rights of Floridians and a violation of equal protection rights.

    The gun lawsuit is still in the early stages, although initially those challenging the law nearly got a default judgment because there was no initial response by the defendants.

    Last week, Jacobs filed a motion asking the judge to toss out the lawsuit on multiple grounds including that the dispute should be handled in state court. The motion also contends that Florida’s open carry restriction is constitutional and is consistent with the historical tradition of firearm regulation. But the motion also argues that the case should be at least put on hold until a federal appeals court decides the ongoing challenge against the Parkland law.

    Luis Valdes, Florida state director for Gun Owners of America, said that only Moody could answer why she has not gotten involved in the lawsuit.

    But he said that the organization brought the lawsuit in federal court because the GOP supermajority in the Legislature may “claim to be pro-gun” but their decision to block open carry legislation “reflects their lack of support for the Second Amendment.” Valdes also criticized DeSantis for failing to get legislators to act.

    “Florida is the only conservative state in the country to ban open carry and so called pro-gun officials have failed to repeal this gun control,” Valdes said.
     

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