Florida Attorney General Opts Out of Defending Law That Bans Open Carry
This legislation has been established for many years.
TroibNews 
TALLAHASSEE, Florida — Florida's Republican attorney general has decided not to contest a challenge to the state’s ban on openly carrying firearms, avoiding a court battle in the nation’s third-largest state.
Ashley Moody, elected in 2018, has frequently taken legal action against President Joe Biden’s administration and has openly criticized officials who disregard the law. However, her office declined to represent a state prosecutor and a county sheriff named as defendants in a federal lawsuit from a gun rights organization that claims the ban infringes on the 2nd and 14th Amendments.
This development means that Moody, speculated to be a candidate for governor in 2026, is bypassing a potentially pivotal lawsuit that could lead to public gun carrying in the tourism-heavy state.
The state attorney facing the lawsuit sought representation from Buddy Jacobs, a veteran lobbyist for the association representing prosecutors, after Moody’s office turned down the request. Jacobs noted that Moody’s office also rejected a request for involvement from the St. Lucie County sheriff.
Kylie Mason, a spokesperson for Moody, did not explain why the attorney general opted not to defend Florida’s open carry law, stating only that “our office may become involved at a later stage.”
Among the responsibilities of the state attorney general is defending the constitutionality of Florida laws, and Moody has previously defended laws that restrict gun access. She is currently supporting the Florida law enacted after the Parkland shooting that raised the age limit to purchase a rifle from 18 to 21, despite having opposed such a measure during her 2018 campaign.
Recently, Moody has engaged in other lower-profile legal matters. Earlier this year, she intervened in a federal lawsuit contesting the constitutionality of a newly implemented law concerning Gainesville city utilities. In 2022, she stepped in against a lawsuit filed by the American Civil Liberties Union against the Leon County court clerk, which included a challenge to the state’s bail bonds law.
Moody has taken a prominent stance against the Biden administration, lambasting Democratic leaders for what she claims is a failure to uphold the law. In a press conference last August, she targeted California Governor Gavin Newsom and others for allowing “chaos in the streets” due to non-enforcement of laws they oppose.
“Laws are nothing if they are not enforced,” Moody remarked at that time.
The office of Thomas Bakkedahl, the state attorney representing several counties in Florida’s Treasure Coast and involved in the lawsuit, referred inquiries to Jacobs. A spokesperson for the St. Lucie County sheriff did not immediately respond for comment.
“I was surprised when I heard the attorney general would not defend the state but I won’t speculate as to reasons,” said State Attorney Dave Aronberg, a Democrat from Palm Beach County who is not involved in the litigation. However, he added that, “There’s not a lot of support for open carry in Florida which is why the plaintiffs are seeking to have the courts do it rather than the Legislature.”
The state Supreme Court has previously upheld the open carry law, but that decision was made seven years ago before Governor Ron DeSantis changed the court's composition.
DeSantis and Moody are seen as allies, although they are independently elected. The governor, term-limited, has not publicly engaged in the race to succeed him.
Gun rights advocates have pushed for the repeal of Florida’s longstanding open carry ban, particularly as legislators eliminated permit requirements for concealed carry. DeSantis expressed a willingness to consider open carry legislation, but some legislative leaders, including outgoing state Senate President Kathleen Passidomo, opposed it, citing law enforcement objections.
In early August, Gun Owners of America, along with a Palm Beach County gun owner, filed a lawsuit asserting that the state’s open carry ban is a “blatant infringement” of Floridians' Second Amendment rights and violates equal protection rights.
The lawsuit is still in its early phases, and those challenging the law nearly received a default judgment due to a lack of an initial response from the defendants.
Last week, Jacobs filed a motion asking the judge to dismiss the lawsuit on various grounds, arguing that the matter should be settled in state court. The motion also contends that Florida’s open carry limitation is constitutional and aligns with historical practices of firearm regulation. Additionally, the motion calls for the case to be paused until a federal appeals court rules on the ongoing challenge to the Parkland law.
Luis Valdes, the Florida state director for Gun Owners of America, stated that only Moody could clarify her decision not to participate in the lawsuit.
He added that the organization chose to file in federal court because the GOP supermajority in the Legislature may “claim to be pro-gun” yet their actions to block open carry legislation reflect a lack of genuine support for the Second Amendment. Valdes further criticized DeSantis for failing to persuade legislators to act.
“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 asserted.
Ramin Sohrabi contributed to this report for TROIB News
Ashley Moody, elected in 2018, has frequently taken legal action against President Joe Biden’s administration and has openly criticized officials who disregard the law. However, her office declined to represent a state prosecutor and a county sheriff named as defendants in a federal lawsuit from a gun rights organization that claims the ban infringes on the 2nd and 14th Amendments.
This development means that Moody, speculated to be a candidate for governor in 2026, is bypassing a potentially pivotal lawsuit that could lead to public gun carrying in the tourism-heavy state.
The state attorney facing the lawsuit sought representation from Buddy Jacobs, a veteran lobbyist for the association representing prosecutors, after Moody’s office turned down the request. Jacobs noted that Moody’s office also rejected a request for involvement from the St. Lucie County sheriff.
Kylie Mason, a spokesperson for Moody, did not explain why the attorney general opted not to defend Florida’s open carry law, stating only that “our office may become involved at a later stage.”
Among the responsibilities of the state attorney general is defending the constitutionality of Florida laws, and Moody has previously defended laws that restrict gun access. She is currently supporting the Florida law enacted after the Parkland shooting that raised the age limit to purchase a rifle from 18 to 21, despite having opposed such a measure during her 2018 campaign.
Recently, Moody has engaged in other lower-profile legal matters. Earlier this year, she intervened in a federal lawsuit contesting the constitutionality of a newly implemented law concerning Gainesville city utilities. In 2022, she stepped in against a lawsuit filed by the American Civil Liberties Union against the Leon County court clerk, which included a challenge to the state’s bail bonds law.
Moody has taken a prominent stance against the Biden administration, lambasting Democratic leaders for what she claims is a failure to uphold the law. In a press conference last August, she targeted California Governor Gavin Newsom and others for allowing “chaos in the streets” due to non-enforcement of laws they oppose.
“Laws are nothing if they are not enforced,” Moody remarked at that time.
The office of Thomas Bakkedahl, the state attorney representing several counties in Florida’s Treasure Coast and involved in the lawsuit, referred inquiries to Jacobs. A spokesperson for the St. Lucie County sheriff did not immediately respond for comment.
“I was surprised when I heard the attorney general would not defend the state but I won’t speculate as to reasons,” said State Attorney Dave Aronberg, a Democrat from Palm Beach County who is not involved in the litigation. However, he added that, “There’s not a lot of support for open carry in Florida which is why the plaintiffs are seeking to have the courts do it rather than the Legislature.”
The state Supreme Court has previously upheld the open carry law, but that decision was made seven years ago before Governor Ron DeSantis changed the court's composition.
DeSantis and Moody are seen as allies, although they are independently elected. The governor, term-limited, has not publicly engaged in the race to succeed him.
Gun rights advocates have pushed for the repeal of Florida’s longstanding open carry ban, particularly as legislators eliminated permit requirements for concealed carry. DeSantis expressed a willingness to consider open carry legislation, but some legislative leaders, including outgoing state Senate President Kathleen Passidomo, opposed it, citing law enforcement objections.
In early August, Gun Owners of America, along with a Palm Beach County gun owner, filed a lawsuit asserting that the state’s open carry ban is a “blatant infringement” of Floridians' Second Amendment rights and violates equal protection rights.
The lawsuit is still in its early phases, and those challenging the law nearly received a default judgment due to a lack of an initial response from the defendants.
Last week, Jacobs filed a motion asking the judge to dismiss the lawsuit on various grounds, arguing that the matter should be settled in state court. The motion also contends that Florida’s open carry limitation is constitutional and aligns with historical practices of firearm regulation. Additionally, the motion calls for the case to be paused until a federal appeals court rules on the ongoing challenge to the Parkland law.
Luis Valdes, the Florida state director for Gun Owners of America, stated that only Moody could clarify her decision not to participate in the lawsuit.
He added that the organization chose to file in federal court because the GOP supermajority in the Legislature may “claim to be pro-gun” yet their actions to block open carry legislation reflect a lack of genuine support for the Second Amendment. Valdes further criticized DeSantis for failing to persuade legislators to act.
“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 asserted.
Ramin Sohrabi contributed to this report for TROIB News
