Gun Owners of America and a Palm Beach County gun owner filed the federal lawsuit in August against St. Lucie County Sheriff Keith Pearson and State Attorney Thomas Bakkedahl on the basis that the state’s ban on open carry infringed upon Florida’s Second and 14th Amendment rights. 

It is under Moody’s purview to defend the constitutionality of Florida’s laws, and she has previously defended laws putting restrictions on guns, such as raising the legal age to purchase a rifle from 18 to 21. Her defense of this law came in spite of her campaign promise to oppose raising the age restrictions for gun purchases. 

Moody has been a fierce critic of politicians such as Gov. Gavin Newsom (D-CA) for failing to enforce and defend the laws on the books. 

“Laws are nothing if they are not enforced,” Moody said at a press conference in August.

But the attorney general, who is rumored to make a bid for governor in 2026, has decided to sit this court battle out. Her spokesperson told Politico that she “may become involved at a later stage.” 

Although Florida may have a GOP supermajority in the legislature, Democratic State Attorney Dave Aronberg, from Palm Beach County, told the outlet that open carry doesn’t have a lot of support in Florida.

Gov. Ron DeSantis (R-FL) previously said he would be open to the idea of permitting open carry in Florida. GOP leaders in the legislature, however, were opposed to the move.

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The state’s Supreme Court has previously upheld the law banning open carry, but since DeSantis has been in his office, he has appointed justices who may be more friendly to the gun rights group’s cause.

Buddy Jacobs, a lobbyist representing the state attorney, filed a motion asking the judge to dismiss the lawsuit, stating that it should be handled in state court. He also said that the state’s restriction on open carry is constitutional and adheres to the state’s firearm regulation.