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A pair of court decisions declaring some of these FloridaUnconstitutional gun restrictions are causing some confusion in the notoriously gun-friendly state — and prompting calls from activists for Republican legislators to take action to update state laws so they comply with the new legal landscape.
Despite Florida’s history of having a pro-gun climate, Florida is a GOP-dominated state Legislature Steps taken to restrict gun laws in the wake of the 2018 mass shooting Marjory Stoneman Douglas High School In parklandSince the day this measure was signed into law, gun rights advocates have been pushing to resolve it.
Now, activists say recent court decisions are increasing their push to expand gun rights in the state, fueled by the U.S. Supreme Court’s updated standards for evaluating gun laws based on the country’s historic tradition of gun regulation.
“Leaving an unconstitutional law on the books creates nothing but confusion,” said Sean Carranza, 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 CountyHouse of Fort Lauderdale, found that Florida’s ban on carrying concealed firearms against people under the age of 21 is unconstitutional, at least as it relates to the case under consideration.
Last week, Judge Frank Leddy vacated the conviction of 19-year-old Joel Walkes, who was charged with third-degree felony carrying a concealed handgun. Florida law currently allows people ages 18 to 20 to own a gun if they legally receive it as a gift or inheritance, but prohibits them from purchasing guns or carrying them concealed.
Leddy found that the state’s prohibition is inconsistent with the Supreme Court’s landmark test, and inconsistent with a recent appeals court decision that found a state law banning the open carry of firearms is unconstitutional. In his ruling, the judge pointed to the role of the Legislature in codifying and clarifying the changes.
“It is left to the discretion of legislative debate to resolve these inconsistencies in a framework of firearms regulations consistent with the guarantee of bearing arms as provided for in the Second Amendment to the United States Constitution,” Leddy wrote.
Open carry ruling raises questions
Florida’s First District Court of Appeal issued its ruling last month in the case of the July 4, 2022 arrest of a man who stood with a visible pistol and a copy of the US Constitution at a major intersection in downtown Pensacola.
The decision legalizes open carry, although there are already limits against carrying in a threatening manner or in certain restricted locations such as government meetings, schools and bars. The decision has prompted some Florida sheriffs to caution gun owners and ask for clarity from lawmakers.
Legalizing open carry of weapons has long been a major focus of gun rights activists in the state, who oppose restrictions imposed by Florida lawmakers in the wake of the Parkland school shooting that left 17 people dead and 17 others injured. Provisions of the law included raising the legal age for purchasing guns to 21 years.
Bob Jarvis, a law professor at Nova Southeastern University, said recent court decisions have placed greater responsibility on lawmakers to create state laws that are consistent with recent judicial decisions.
“I wouldn’t be surprised if the Florida Legislature next session doesn’t amend the statute and say, ‘Clean this up.’ And then that will eliminate all these lawsuits and potential lawsuits,” Jarvis said of age-related prohibitions. “And that’s really what needs to happen now.”
Advocates are pushing to expand gun laws
In the years following the 2018 Parkland shooting, efforts by lawmakers to lower the gun purchase age to 18 advanced in the Florida House but ultimately failed in the state Senate.
Now some advocates say recent court decisions should compel legislators who have opposed expanding gun rights in the past.
“We’ve been telling the legislature since 2010 that it would be a problem for them if they didn’t act. And they chose not to act,” Carana said.
He said, “I hope that looking at some of the recent decisions of the United States Supreme Court and the Florida courts, they will finally see that the Second Amendment is not a second-class right.”
Representatives for Florida’s House speaker and Senate president did not immediately respond to inquiries Wednesday.
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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.