TALLAHASSEE, Fla. (AP) — A pair of court rulings declaring some of Florida’s gun restrictions unconstitutional are creating some confusion in the notoriously firearm-friendly state — and fueling activists’ calls for Republican legislators to take action to update state statutes so they abide by the new legal landscape.
Despite Florida’s history of being a gun-supporting climate, Florida’s GOP-dominated state Legislature took steps to restrict gun laws in the wake of the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland. Since the day the measure was signed into law, gun rights advocates have been pushing to unravel it.
Now, activists say recent court rulings are fueling their push to expand gun rights in the state, emboldened by U.S. Supreme Court’s updated standards for evaluating gun laws based on the nation’s historical tradition of firearm regulation.
“Leaving unconstitutional laws on the books creates nothing but confusion,” said Sean Caranna, executive director of the advocacy group Florida Carry.
Here’s what to know.
Judge finds age restriction on concealed carry unconstitutional
A ruling by a circuit court judge in Broward County, home to Fort Lauderdale, found that Florida’s prohibition against people under the age of 21 from carrying a concealed firearm is unconstitutional, at least as it relates to the case in question.
Last week, Judge Frank Ledee tossed out the conviction of 19-year-old Joel Walkes, who was charged with a third-degree felony for carrying a concealed handgun. Florida statutes currently allow people between the age of 18 and 20 to possess a firearm, if they legally receive it as a gift or an inheritance, but they are barred from purchasing guns or carrying them concealed.
Ledee found the state’s prohibition is incompatible with the Supreme Court’s historical test, and inconsistent with a recent appeals court ruling that found a state law banning the open carrying of firearms is unconstitutional. In his decision, the judge pointed to the Legislature’s role in codifying and clarifying the changes.
“Distilling these inconsistencies into a framework of firearm regulations compatible with the guarantee to bear arms pursuant to the Second Amendment to the United States Constitution is best left to the wisdom of legislative debate,” Ledee wrote.
Open carry ruling sparks questions
Florida’s First District Court of Appeal issued its ruling last month in a case stemming from the July 4, 2022, arrest of a man who stood at a major intersection in downtown Pensacola carrying a visible, holstered pistol and a copy of the U.S. Constitution.
The decision legalizes open carry, though there are preexisting limitations against carrying in a threatening manner or in certain restricted spaces like government meetings, schools and bars. The ruling has prompted some Florida sheriffs to urge caution among gun owners and seek clarity from lawmakers.
Legalizing open carry has long been a major focus of gun rights activists in the state, who oppose the slate of restrictions that Florida’ lawmakers implemented in the wake of the Parkland school shooting, which killed 17 people and injured 17 others. Among the law’s provisions was raising the legal gun-buying age to 21.
Bob Jarvis, a law professor at Nova Southeastern University, said the recent court decisions put more onus on lawmakers to enact state statutes that line up with recent judicial rulings.
“I would not be surprised if in the next session the Florida Legislature doesn’t just take care of this by amending the statute to say, ‘clean it up.’ And then that’ll end all these lawsuits and possible lawsuits,” Jarvis said of the age-related prohibition. “And that’s really now what should happen.”
Advocates push for expanding gun laws
In the years since the 2018 Parkland shooting, lawmakers’ efforts to lower the gun-buying age to 18 have advanced in the Florida House but ultimately failed in the state Senate.
Now some advocates say the recent court rulings should force the hand of legislators who have opposed expanding gun rights in the past.
“We’ve been telling the Legislature since 2010 that this was going to be a problem for them if they didn’t act. And they chose not to act,” Caranna said.
“I hope that given some of the recent decisions from the United States Supreme Court and the Florida courts, that they will finally see that the Second Amendment is not a second-class right,” he added.
Representatives for Florida’s House speaker and Senate president did not immediately respond to inquiries Wednesday.
___
Kate Payne is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
