Open Carry Firearms

Federal Lawsuit Challenges Florida Open Carry Ban

Open Carry Firearms
Open Carry Firearms (File)

Second Amendment advocacy groups and a Palm Beach County gun owner have filed a federal lawsuit contesting the constitutionality of Florida’s law prohibiting the open carrying of firearms.

The lawsuit argues that the ban violates the Second Amendment right to “bear arms” and does not align with the nation’s historical tradition of firearms regulation. It cites a 2022 Supreme Court decision emphasizing the importance of historical context in evaluating gun laws.

Read: Federal Court Declares Maryland Gun Carry Restrictions Unconstitutional in Landmark Ruling

While Florida recently eliminated the requirement for concealed carry permits, open carry remains prohibited, a move criticized by some gun rights activists. The lawsuit specifically targets St. Lucie County Sheriff Keith Pearson and State Attorney Thomas Bakkedahl for enforcing the ban.

This legal challenge follows a 2017 Florida Supreme Court ruling upholding the open carry ban, but the plaintiffs argue that decision was flawed based on subsequent U.S. Supreme Court precedents.

Read: NRA Challenges Florida’s Under-21 Gun Ban After Supreme Court Ruling

The National Rifle Association is making similar arguments in a separate challenge to a Florida law restricting gun purchases for those under 21.

The outcome of this lawsuit could have significant implications for gun laws in Florida and potentially set a precedent for other states with similar restrictions.

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