Default Judgment Paves the Way for Open Carry Victory in Florida

Last month, Gun Owners of America (GOA), Gun Owners Foundation (GOF), and YouTube creator Richard “Flying Rich” Hughes sued Florida and St. Lucie County in the United States District Court for the Southern District of Florida over the state’s ban on the open carrying of firearms. The defendants were given until September 3 to answer the complaint. As of Monday, none of the defendants responded to the complaint, leaving the Court no choice but to issue a default judgment for the plaintiffs.

The order reads:

THIS CAUSE came before the Court sua sponte. Proof of service on Defendants Sheriff Keith Pearson, St. Lucie County Sheriff’s Office, Thomas Bakkedahl, and the State Attorney’s Office for the Nineteenth Judicial Circuit has been filed on the record indicating that Defendants were served with process and that the deadline to respond to the Complaint was August 30, 2024 for the State Attorney’s Office for the Nineteenth Judicial Circuit and Thomas Bakkedahl, and September 3, 2024 for Sheriff Keith Pearson and St. Lucie County Sheriff’s Office. (ECF Nos. 7-10). To date, Defendants have failed to answer or otherwise respond to the Complaint.

The Clerk of Court shall file an Entry of Default against Defendants Sheriff Keith Pearson, St. Lucie County Sheriff’s Office, Thomas Bakkedahl, and the State Attorney’s Office for the Nineteenth Judicial Circuit pursuant to Rule 55(a) of the Federal Rules of Civil Procedure.

Florida allows for permitless concealed carry but restricts open carry to those fishing or hunting. Florida is one of only a handful of states that ban the open carrying of firearms. The state has a reputation for being a gun-friendly state, but the laws of the “Gun Shine State” paint a different picture. For example, certain localities have a waiting period for purchasing a firearm. The state also bans “enhanced triggers,” although no one has ever been charged with that crime. You also must be 21 to buy a gun within the state, although you can be gifted one under the age of 21.

A now-dead proposed amendment to the permitless carry bill would have legalized the open carrying of firearms. However, the amendment was removed because Republicans threatened not to allow a vote on the bill if it remained. The Florida legislature has a super majority of Republicans and a Republican Governor, but the will to roll back gun control seems to be non-existent.

Mr. Hughes would like to be able to open carry a firearm when he visits a dog park located in St Lucie County, but state law bans the act, and St Lucie County Sheriff Keith Pearson has vowed to use the full force of the law against anyone that dares to disregard the law. With a credible threat of enforcement, Hughes established standing and filed a lawsuit with the help of the gun rights organizations.

No one guessed that the defendants wouldn’t defend the law, especially Sheriff Pearson, but that is precisely what happened. Florida State Attorney Thomas Bakkedahl could choose not to defend the law, which might be what is happening. If the state truly cares about the gun rights of its citizens, then this non-action might be a sign of Governor DeSantis’s commitment to gun owners, which will serve him well if he plans on seeking higher office in the future, but it is highly unusual for all the defendants not to respond to a complaint.

The ruling doesn’t mean the law against open carry is dead. No relief has been issued yet in the lawsuit. Gun owners will have to wait until the next step in the case to find out what relief is issued. For full disclosure, Hughes is a producer for John Crump Live and John Crump News, but Hughes does not discuss details of the case with me.

About John Crump

Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.