Florida's ban on openly carrying firearms is considered a 'blatant infringement' by Gun Owners of America.

Florida's ban on openly carrying firearms is being challenged by gun rights activists, who are pushing for its repeal after the Republican-controlled legislature rejected their previous attempt.

The Gun Owners of America (GOA) is filing a lawsuit in the U.S. District Court for the Southern District of Florida to challenge the constitutionality of the 1893 gun restriction and seek a court order to prevent its enforcement. The challenged statute prohibits the open carrying of any firearm, electric weapon, or device on or about a person.

Florida, despite its reputation as a largely gun-friendly state, continues to prohibit the open and unconcealed carrying of firearms, according to a complaint obtained by Planet Chronicle Digital.

"The act of blatantly infringing on the Second Amendment right to bear arms goes against this country's historical tradition and would have made it illegal for the colonists who openly carried their muskets and gathered on the greens at Lexington and Concord to fight for their independence."

The open carry ban in Florida is not in line with the country's history and tradition of firearms regulation, as argued by Gun Owners of America, in accordance with the Supreme Court's landmark decision in New York State Rifle & Pistol Association, Inc. v. Bruen (2022), which established that the right to carry firearms in public is a constitutional right and any restrictions must be consistent with the nation's historical tradition of firearm regulation.

The Florida open carry ban was enacted long after Reconstruction and over a century after the Second Amendment was ratified. The ban, which was adopted in 1893, specifically targeted newly freed Blacks while allowing Whites to carry guns without issue.

Florida is one of only a few states that completely prohibits the open carry of firearms, both historically and currently. In contrast, the majority of states allow the open carry of all types of firearms, regardless of whether they are handguns or long guns, and without any permit required for law-abiding adults.

"The plaintiffs seek both preliminary and permanent injunctive relief, as well as declaratory and other relief, to remedy Florida's violation of an enumerated right that is protected by the Constitution."

The lawsuit was filed after Republican Gov. Ron DeSantis signed a bill last year that eliminated the requirement for state residents to obtain a permit to carry concealed firearms. The law now allows eligible citizens 21 years of age and up to carry without asking the government for a permit and without paying a fee. However, those who still wish to obtain a carry permit may do so under the law.

The DeSantis administration official informed Planet Chronicle Digital that the governor supported the repeal of the open carry ban in the legislation, but the state lawmakers did not agree. Senate President Kathleen Passidomo, a Republican from Naples, stated that she does not support open carry because the Florida Sheriffs Association (FSA) and other law enforcement groups opposed the initiative, as reported by the Florida Phoenix.

Florida Democrats and anti-gun activists opposed the constitutional carry law, warning that it would increase violence. The anti-gun group Everytown for Gun Safety considers open carry a "dangerous policy" that is backed by hate groups and is exploited by White supremacists, with law enforcement and the public opposing it.

While some Second Amendment supporters supported the Florida constitutional carry law, others, such as GOA, argued that it did not go far enough because the law does not apply to open carry.

According to Erich Pratt, GOA's senior vice president, Florida lawmakers claim to be pro-gun, but they have consistently refused to repeal the 1987 ban on open carry, leaving Floridians in the same anti-gun company as New York, Illinois, and California where this is also prohibited.

Since the Republican legislative leadership blocked GOA's open carry bill during the first week of the 2024 session, the state has been forced to sue.

"The Bruen precedent will likely deem this ban unconstitutional as it lacks historical justification. We eagerly anticipate presenting our argument and advocating for the rights of law-abiding Floridians."

The complaint names St. Lucie County Sheriff Keith Pearson, State Attorney Thomas Bakkedahl, and the State Attorney's Office for the 19th Judicial Circuit of Florida as defendants.

Planet Chronicle Digital's Emma Colton contributed to this report.