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TPUSA Live

2A Group Files Lawsuit Against Florida’s Open Carry Ban

The Second Amendment advocacy group Gun Owners of America (GOA) has filed a lawsuit in the US District Court challenging Florida’s ban on the open carry of firearms. The group contends that the ban constitutes a “blatant infringement” on Second Amendment rights.

Last year, Florida Governor Ron DeSantis signed a law making Florida the 26th constitutional carry state, allowing individuals to carry firearms without a permit. At the time, Desantis stated, “A constitutional right should not require a permission slip from the government.”

However, this law only applied to concealed carry, not open carry. Under most circumstances, open carry remains prohibited in the state. 

“Despite its reputation as a largely gun-friendly state, Florida inexplicably continues to prohibit the peaceable carrying of firearms in an open and unconcealed manner,” the complaint filed by GOA, first obtained by Fox News, stated. 

“This blatant infringement of the Second Amendment right to ‘bear arms’ runs counter to this nation’s historical tradition and would have criminalized the very colonists who openly carried their muskets and mustered on the greens at Lexington and Concord to fight for their independence,” it continued.

GOA argues that Florida’s open carry ban violates the precedent set by the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen. This ruling established that state gun laws must align with the historical tradition of firearm regulation in the United States. The complaint suggests that Florida’s current restrictions are inconsistent with this precedent and infringe upon residents’ rights to bear arms for self-defense.

“Plaintiffs seek preliminary followed by permanent injunctive relief, as well as declaratory and other relief, to rectify Florida’s infringement of an enumerated right that ‘shall not be infringed,’” the lawsuit declared.

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