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, tells Newsmax he is encouraged by Moody's decision to abstain from the case. Valdes has 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.
Re: Gun Owners of America is suing FL in Federal Court over OC Ban and Under-21 Carry Ban.
Posted: Wed Sep 25, 2024 9:51 am
by George W
I'm more irritated by her not making a statement conceding the bans are indefensible than I am about her shirking her responsibility to defend Florida in the courts. It seems cowardice in the face of the GOP.
Re: Gun Owners of America is suing FL in Federal Court over OC Ban and Under-21 Carry Ban.
Posted: Wed Sep 25, 2024 10:03 am
by tector
George W wrote: ↑Wed Sep 25, 2024 9:51 am
I'm more irritated by her not making a statement conceding the bans are indefensible than I am about her shirking her responsibility to defend Florida in the courts. It seems cowardice in the face of the GOP.
Seems like typical Florida GOP waffling, trying to avoid the issue whenever possible, which has been their course for many years. They just wish we'd go away on this issue. Obviously, and thankfully, Luis is not going away. The Legislature can duck addressing the matter, but the courts ultimately cannot.
Re: Gun Owners of America is suing FL in Federal Court over OC Ban and Under-21 Carry Ban.
Posted: Wed Sep 25, 2024 10:07 am
by lighteye
George W wrote: ↑Wed Sep 25, 2024 9:51 am
I'm more irritated by her not making a statement conceding the bans are indefensible than I am about her shirking her responsibility to defend Florida in the courts. It seems cowardice in the face of the GOP.
Irritated? Yes. Shocked? Absolutely not. Typical game of hot potato.
Re: Gun Owners of America is suing FL in Federal Court over OC Ban and Under-21 Carry Ban.
Posted: Wed Sep 25, 2024 10:16 am
by George W
Maybe "irritated" isn't the right adjective.
"Disappointed" is more accurate. She had an opportunity to say "Yeah, this law may not be on great legal standing. Rather than spending taxpayer money on this, my office has decided to let the original litigants settle this in court without interference."
The net message would be that the legislature passed a knee jerk law. This would hurt some fundraiser's feelings when she is going to need them.
I have zero faith in legislation at any level being decent. There's too many cooks in the kitchen, all with different tastes, when laws are made. We need strong rights based decisions to knock the shit off once and for all.
Re: Gun Owners of America is suing FL in Federal Court over OC Ban and Under-21 Carry Ban.
Posted: Fri Sep 27, 2024 11:34 am
by Miami_JBT
Re: Gun Owners of America is suing FL in Federal Court over OC Ban and Under-21 Carry Ban.
Posted: Fri Sep 27, 2024 11:34 am
by Miami_JBT
Re: Gun Owners of America is suing FL in Federal Court over OC Ban and Under-21 Carry Ban.
Posted: Fri Sep 27, 2024 11:36 am
by Miami_JBT
George W wrote: ↑Wed Sep 25, 2024 10:16 am
Maybe "irritated" isn't the right adjective.
"Disappointed" is more accurate. She had an opportunity to say "Yeah, this law may not be on great legal standing. Rather than spending taxpayer money on this, my office has decided to let the original litigants settle this in court without interference."
The net message would be that the legislature passed a knee jerk law. This would hurt some fundraiser's feelings when she is going to need them.
I have zero faith in legislation at any level being decent. There's too many cooks in the kitchen, all with different tastes, when laws are made. We need strong rights based decisions to knock the shit off once and for all.
She doesn't want to defend this because she wants to run in 2026 for Governor. But she doesn't give two-shits about gun rights either. She's playing the game as a politician. It is what it is. We (GOA) are playing the game with the cards we're dealt and playing it to the best of our ability.
Re: Gun Owners of America is suing FL in Federal Court over OC Ban and Under-21 Carry Ban.
George W wrote: ↑Wed Sep 25, 2024 10:16 am
Maybe "irritated" isn't the right adjective.
"Disappointed" is more accurate. She had an opportunity to say "Yeah, this law may not be on great legal standing. Rather than spending taxpayer money on this, my office has decided to let the original litigants settle this in court without interference."
The net message would be that the legislature passed a knee jerk law. This would hurt some fundraiser's feelings when she is going to need them.
I have zero faith in legislation at any level being decent. There's too many cooks in the kitchen, all with different tastes, when laws are made. We need strong rights based decisions to knock the shit off once and for all.
She doesn't want to defend this because she wants to run in 2026 for Governor. But she doesn't give two-shits about gun rights either. She's playing the game as a politician. It is what it is. We (GOA) are playing the game with the cards we're dealt and playing it to the best of our ability.
Do you think Lt. Gov. Nuñez would be a better choice for us than Moody? Or, prehaps, someone totally different to succeed DeSantis?
Re: Gun Owners of America is suing FL in Federal Court over OC Ban and Under-21 Carry Ban.
Posted: Mon Sep 30, 2024 1:17 pm
by Miami_JBT
GOA has filed three briefs today in the Open Carry Lawsuit, GOA v. Pearson.
Two challenge the SAO's and SLSO's motions to vacate the default judgement and dismiss the case.
The final brief is in response to the judge's request that GOA file a motion for judgement after default.
