A pro-gun rights group filed a federal lawsuit challenging Florida’s ban on openly carrying firearms, arguing it violates the Second and Fourteenth Amendments.

A pro-gun rights group filed a federal lawsuit on Tuesday challenging Florida’s ban on openly carrying firearms in public.

Gun Owners of America, Inc., Gun Owners Foundation, and Richard Hughes filed the complaint, arguing that the state’s restrictions on open carry violate the Second and Fourteenth Amendments of the U.S. Constitution.

The suit, filed in the U.S. District Court for the Southern District of Florida, names St. Lucie County Sheriff Keith Pearson, the St. Lucie County Sheriff’s Office, State Attorney Thomas Bakkedahl, and the State Attorney’s Office for the 19th Judicial Circuit of Florida as defendants. The plaintiffs seek a court declaration that the ban is unconstitutional and an injunction to prevent its enforcement.

The plaintiffs assert that the statute, which bans open carry with certain exceptions, infringes on the constitutional right to keep and bear arms, subsequently contending that the ability to openly carry firearms is a fundamental part of the Second Amendment. They additionally argue that the statute violates the Fourteenth Amendment’s Equal Protection and Due Process Clauses by discriminating against lawful gun owners and lacking clear enforcement standards.

“Despite its reputation as a largely gun-friendly state, Florida inexplicably continues to prohibit the peaceable carrying of firearms in an open and unconcealed manner,” the lawsuit reads. “This blatant infringement of the Second Amendment right to “bear arms” runs counter to this nation’s historical tradition and would have criminalized the very colonists who openly carried their muskets and mustered on the greens at Lexington and Concord to fight for their independence.”

Within the lawsuit, the plaintiffs claim that Florida’s restrictions unduly burden gun owners and conflict with constitutional protections established by the Supreme Court in District of Columbia v. Heller and McDonald v. City of Chicago.

The plaintiffs are seeking relief under the Declaratory Judgment Act, which allows federal courts to determine the legality of laws. They also request an injunction to halt the statute’s enforcement during the litigation. To secure an injunction, the plaintiffs must show a likelihood of success on the merits, potential irreparable harm without the injunction, a favorable balance of equities, and that an injunction serves the public interest.

“Florida lawmakers claim to be pro-gun, but year after year, they’ve refused to repeal the 1987 ban on open carry, leaving Floridians in the very anti-gun company of New York, Illinois, and California where this is also prohibited,” said Gun Owners of America Senior Vice President Erich Pratt. “GOA has been left with no choice but to sue the state, especially since GOA’s open carry bill was blocked by the Republican legislative leadership during the 2024 session’s first week,” adding that “Governor Ron DeSantis has previously expressed support for open carry, but unfortunately, the Republican leadership in the legislature in Tallahassee has made quite clear they have no intention of repealing this ban.”

If successful, the lawsuit could invalidate Florida’s open carry ban, leading to legislative changes or new enforcement guidelines. The case might also influence similar laws in other states, potentially prompting a broader judicial review of open carry restrictions nationwide.

The defendants have 21 days to respond to the complaint.