Florida AG Not Defending State’s Open Carry Ban in Federal Lawsuit

Last updated on September 25th, 2024 at 10:18 am

Republican Florida Attorney General Ashley Moody is letting a sheriff and state prosecutor fend for themselves in a civil federal case over their enforcement of the state’s ban on open firearm carry.

Gun Owners of America and the Gun Owners Foundation filed a lawsuit with individual plaintiff Richard Hughes in August, accusing St. Lucie County Sheriff Keith Pearson and local State Attorney Thomas Bakkedahl of violating their Second Amendment rights by enforcing the state’s open carry ban. The plaintiffs have sought a declaratory judgement that Florida’s open carry ban is unconstitutional, and an injunction barring Pearson and Bakkedahl from enforcing the law.

In the weeks since the plaintiffs filed their lawsuit, Moody’s office has declined requests to represent Pearson and Bakkedahl.

Kylie Mason, a spokesman for Moody’s office, declined to tell Politico why Moody wouldn’t represent the two defendants. Instead, Mason told the publication this week that Moody’s office “may become involved at a later stage.”

Moody’s decision not to represent Pearson and Bakkedahl at this time breaks from her past handling of challenges to Florida’s gun control laws. Her office is currently defending another Florida law raising the age to purchase a rifle from 18 to 21.

Gun rights activists have pressured the state’s Republican supermajority legislature and governor, Ron DeSantis, to enact more expansive gun rights protections over the years, including open carry provisions.

“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,” Luis Valdes, Gun Owners of America’s Florida state director, told Newsmax on Sept. 25.

Valdes said he’s encouraged by Moody’s hesitance to involve her office in this latest lawsuit.