Florida Democrats thought they had gun rights activists cornered with decades-old restrictions.
But one Republican just flipped the script in spectacular fashion.
And Florida Attorney General James Uthmeier used one legal argument that left gun control Democrats speechless.
Florida’s new top cop isn’t playing by the old rules
Attorney General James Uthmeier is making it crystal clear that he’s not Ashley Moody.
Where his predecessor defended gun control laws she personally disagreed with, Uthmeier is taking a completely different approach – one that’s driving Democrats up the wall.
The former DeSantis chief of staff just declared open carry "the law of the state" after a Florida appeals court struck down the state’s nearly 40-year-old ban on publicly displaying firearms.
But here’s where it gets interesting.
Uthmeier didn’t just accept the court ruling – he went on offense.
https://twitter.com/AGJamesUthmeier/status/1965816318810054966
The legal chess move that has Democrats scrambling
Instead of appealing the 1st District Court of Appeal decision that overturned Florida’s 1987 open carry ban, Uthmeier announced he wouldn’t defend laws he believes violate the Constitution.
"When I got this job, I put my hand on a Bible and took an oath, first and foremost, to defend the United States Constitution," Uthmeier told reporters. "And where I believe something contradicts the United States Constitution as ratified by the founders, I’m not going to break my oath."
The case stemmed from Stan McDaniels, who was arrested in 2002 for openly carrying a handgun while waving at people on July 4th in downtown Pensacola – with a copy of the U.S. Constitution in his hand, no less.
McDaniels told police he wanted his case to go to the Supreme Court, and now his persistence has paid off in ways that are reshaping Florida law.
The appeals court ruled that Florida failed to show the open carry ban was "consistent with historic firearm regulation" – exactly the standard set by the U.S. Supreme Court’s 2022 Bruen decision.
https://twitter.com/AGJamesUthmeier/status/1968399213546393731
Democrats reveal their true priorities with outraged response
State Senator Shevrin Jones couldn’t hide his panic, calling the ruling "tone deaf given the state of violence in this country."
But Jones missed the point entirely.
"Florida’s current laws already robustly protect Second Amendment rights, even to the point of being a Stand Your Ground state. This ruling goes against the common-sense protections that keep our communities safe," Jones complained.
Translation: Democrats want law-abiding citizens disarmed while criminals ignore gun laws anyway.
José Javier Rodríguez, the Democrat challenging Uthmeier in next year’s attorney general race, showed exactly where his priorities lie.
"The AG is the state’s top law enforcement officer, not a political pundit," Rodríguez told Politico. "Uthmeier talks tough but won’t defend the laws that keep our communities safe."
What Rodríguez really means is that Uthmeier won’t defend unconstitutional laws that restrict the rights of law-abiding Floridians.
The brilliant strategy that exposes leftist hypocrisy
Here’s where Uthmeier’s legal reasoning gets really clever.
When pro-immigration activists tried to use his open carry stance against Florida’s immigration enforcement law, they accidentally proved his point.
The ACLU argued that if Uthmeier believes police shouldn’t arrest people for open carry because a court blocked prosecutions, then police also shouldn’t arrest illegal immigrants because a federal court blocked that law too.
But Uthmeier spotted the crucial difference that the ACLU hoped no one would notice.
With open carry, there’s "significant debate" over laws that "arguably violate the 2nd Amendment," he explained.
With immigration enforcement, prosecutors like Monique Worrell are simply refusing to enforce laws where no one is "questioning the validity of those laws."
It’s the difference between defending constitutional rights and playing political games with public safety.
What this really means for Florida gun owners
Uthmeier’s guidance memo to law enforcement made it clear that "prudence counsels that prosecutors and law enforcement personnel should likewise refrain from arresting or prosecuting law-abiding citizens carrying a firearm that is visible to others."
The attorney general emphasized that other gun laws remain in place – including bans on carrying firearms in schools, courthouses, bars, and college campuses.
Private property owners can still ask armed individuals to leave, and refusing could result in criminal charges.
But for the first time in nearly four decades, law-abiding Floridians can exercise their Second Amendment rights without fear of arrest simply for having a visible firearm.
Some sheriffs immediately announced they would stop arrests for open carry, while others initially tried to claim the ruling didn’t apply statewide.
Uthmeier’s decisive action eliminated that confusion once and for all.
The bigger constitutional battle Democrats don’t want you to see
This isn’t just about open carry – it’s about whether attorney generals will defend the Constitution or bow to political pressure.
Uthmeier also announced he won’t defend Florida’s law banning adults under 21 from purchasing rifles, another restriction passed after the Parkland shooting that violates constitutional rights.
Ashley Moody defended that law in court despite personally disagreeing with it.
Uthmeier is taking the opposite approach: if it’s unconstitutional, he won’t waste taxpayer money defending it.
Democrats are furious because they’ve relied for decades on Republican officials who would implement gun control laws even when they knew those laws violated the Second Amendment.
Uthmeier just ended that game.
The attorney general’s constitutional stand is already reshaping Florida law and sending a clear message to gun control advocates: the days of Republicans apologetically enforcing unconstitutional restrictions are over.
For the millions of law-abiding gun owners in Florida, that’s exactly the kind of leadership they’ve been waiting for.
¹ Kimberly Leonard and Gary Fineout, "Uthmeier addresses firearm policy," Politico Florida Playbook, October 6, 2025.
² Gary Fineout, "Florida attorney general declares open carry of guns ‘law of the state’," Politico, September 15, 2025.
³ Livia Caputo, "Uthmeier’s open-carry guidance means state police can’t arrest migrants, activist group argues," Florida Phoenix, September 17, 2025.
⁴ Jim Turner, "Florida AG Uthmeier says open carry is the ‘law of the state’," WUSF, September 16, 2025.
