Florida AG Avoids Defending Open Carry Ban in Court

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Florida Attorney General Ashley Moody has opted not to defend the state’s ban on open carry in a federal lawsuit, leaving a state prosecutor and sheriff to find their own legal representation against a challenge brought by gun rights advocates, Politico reported.

Moody has chosen not to represent the state in a federal lawsuit challenging its ban on the open carrying of firearms, a decision that may have significant implications for gun rights and public safety in the state.

The lawsuit, brought by Gun Owners of America and a Palm Beach County resident, argues that the ban violates the Second and Fourteenth Amendments.

Moody, rumored to be considering a run for governor in 2026, has frequently taken legal action against the Biden administration while criticizing officials who do not enforce laws, declined to represent a state prosecutor, and a St. Lucie County sheriff named defendants in the case.

Moody’s office is typically responsible for defending the constitutionality of Florida laws.

Kylie Mason, a spokesperson for Moody, did not provide a reason for the decision but indicated that the attorney general’s office might become involved later.

The decision has surprised some observers, given Moody’s track record of defending gun-related laws. She is currently engaged in defending a Florida law that raises the minimum age to purchase a rifle from 18 to 21, enacted after the 2018 Parkland school shooting.

The lawsuit could potentially overturn the state’s prohibition on open carry, reshaping gun policy in a state known for its tourism and diverse population.

The Florida Supreme Court upheld the open carry ban in 2017, but the court’s composition has changed under GOP Gov. Ron DeSantis. Despite being allies, DeSantis and Moody are independently elected officials, and the governor has not directly commented on Moody’s decision or the ongoing lawsuit.

Gun rights advocates had previously lobbied for open carry legislation when Florida’s lawmakers eliminated permit requirements for concealed carry.

However, resistance from law enforcement, including Florida’s sheriffs and key legislators such as outgoing state Senate President Kathleen Passidomo, thwarted those efforts. Passidomo cited opposition from law enforcement as a primary reason for blocking open carry legislation.

Luis Valdes, Florida state director for Gun Owners of America, criticized Moody’s decision to abstain from the case, suggesting that it reflects a broader reluctance among Republican officials to support Second Amendment rights fully. Valdes also faulted DeSantis for not pushing legislators to enact open carry despite their professed pro-gun stance.

“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.