We took Florida to court and…Florida forgot to show up.

Get the latest on our open carry lawsuit from Phil on this special episode of Law & Ammo! pic.twitter.com/I0mt500kSl

— Gun Owners of America (@GunOwners) September 26, 2024

Florida Attorney General Ashley Moody will not defend the state’s open carry ban in a case filed by Gun Owners of America (GOA) and Richard “Flying Rich” Hughes.

GOA and Hughes sued State Attorney Thomas Bakkedahl and St Lucie County Sherriff Keith Pearson over the state’s ban on the open carrying of firearms. Florida law bans the practice unless the carrier is engaged in the act of hunting or fishing. All other citizens open carrying a firearm are subject to arrest. Florida is one of the only states in the country not to allow the open carrying of guns. The plaintiffs in the case believe the law is unconstitutional and violates the Second Amendment.

GOA’s Senior Vice President Erich Pratt released a statement when the case was filed saying:

“Florida lawmakers claim to be pro-gun, but year after year, they’ve refused to repeal the 1987 ban on open carry, leaving Floridians in the very anti-gun company of New York, Illinois, and California where this is also prohibited. “

“GOA has been left with no choice but to sue the state, especially since GOA’s open carry bill was blocked by the Republican legislative leadership during the 2024 session’s first week. “

“This ban has no historical basis and will surely be found unconstitutional under the Bruen precedent. We look forward to making our case and fighting for law-abiding Floridians.”

State Attorney Bakkedahl asked the Florida Attorney General’s office to help defend the law, but the AGs office made it known that they had no desire to defend Bakkedahl in court. Mr. Bakkedahl and Sherriff Pearson are on their own. AG Moody has her eyes set on the Florida Governor’s mansion and will need the support of gun owners to win. The decision by her office might be AG Moody is trying to shore up support with her base.

Earlier, the pair missed a deadline for filing a response to the complaint, leading U.S. District Court Judge Jose E Martinez to issue a default judgment. After the ruling, both defendants asked the judge to set aside the default judgment and allow them to defend the law. The judge considered their plea but has now asked the plaintiffs to file a motion for default summary judgment. The Florida open carry ban will be dead if the motion is granted.

The judge doesn’t have to grant the motion for default summary judgment and could allow the defendants to argue the case as if the deadline was not missed, but that doesn’t seem too likely right now. If the motion is granted, it is unclear if Florida or the Sheriff will appeal since they seem reluctant to defend the state law.

For years, gun rights activists have pushed to get an open carry bill through the Florida legislature, but those efforts have failed. Even though the Republicans have passed permitless carry, they refused to include an amendment to allow the open carrying of firearms. Even though the bill was sold to the public as “constitutional carry,” many believe that because it only addressed the concealed carrying of firearms, it wasn’t a true “constitutional carry” bill. Another bill to allow the open carrying of a gun now might not be needed.

The Florida open carry ban might be on its deathbed. All it will take is a stroke of the judge’s pen.

About John Crump

Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.