By Lee Williams
SAF Investigative Journalism Project
Florida Attorney General James Uthmeier is under intense fire from anti-gun politicians, the legacy media and even a Parkland parent for defending gun rights, this time for 18-20-year-old Floridians.
Uthmeier has a demonstrable history of taking strong steps to ensure that the Second Amendment protects all Floridians.
The Attorney General recently intervened in a teen’s criminal case by asking a state appeals court to uphold the defendant’s right to carry—a move that even the anti-gun media already admits constitutes a victory for Floridians’ gun rights.
The issue is a 1987 state law, which bars 18, 19 and 20-year-olds from carrying concealed firearms.
Uthmeier actually opposed state prosecutors, which mystified Florida’s anti-gun community, like Broward County State Attorney Harold Pryor, who asked Uthmeier for permission to get involved in the case. Pryor, who was elected in 2020, frequently mentions “gun violence” whenever he speaks publicly.
Uthmeier refused Pryor’s request, which further blew the anti-gunners’ minds. They, of course, quickly turned to the media to strike back.
Several media stories were soon published, which included interviews with Pryor, who attacked Uthmeier’s decision for a host of frivolous reasons, none of which made any legal sense.
One Democratic state representative even asked Florida Governor Ron DeSantis to intervene, but DeSantis has given no sign he disagrees or opposes his AG’s decision.
Parkland parent Fred Guttenberg—an anti-gun advocate and frequent Second Amendment critic—accused Uthmeier of “undermining public safety efforts.”
I contacted Attorney General Uthmeier’s office this week and received the following statement from his press secretary, Jae Williams:
“As Attorney General Uthmeier said, this office will not defend a law that prevents men and women who are old enough to fight and die for our country from defending themselves and their families. We recently filed a brief on behalf of the State that takes the position the Attorney General said we would.
At the time of the offense, Florida’s open carry ban was still the law of the state, so the defendant had no legal means of carrying a firearm at all—either openly or concealed. Per the U.S. Supreme Court, state laws are unconstitutional when they entirely foreclose ‘general right to public carry’ as ‘guarantee[d]’ by the Second Amendment.
We have a duty to enforce Florida law and don’t make these decisions lightly. However, our first duty is to protect the God-given rights of Floridians as guaranteed by the U.S. Constitution,” Press Secretary Williams said in the written statement.
Uthmeier first joined Gov. DeSantis as deputy general counsel in 2019. Within a year he became general counsel. One year later, DeSantis appointed him chief of staff. Last year, when DeSantis appointed Attorney General Ashely Moody to replace Senator Marco Rubio, he appointed Uthmeier to replace her.
Uthmeier recently oversaw a redesign of the AG’s seal, which now mentions the “Free State of Florida.”
Open Carry
In September of last year, Uthmeier ended a Florida state law that criminalized open carry. He did it with a single post on X.
Once Florida’s First District Court of Appeals ruled the state’s open carry ban was unconstitutional in McDaniels v. State of Florida, Uthmeier posted an important announcement.
“I’m issuing guidance to Florida’s prosecutors and law enforcement in light of the 1st DCA’s decision in McDaniels v. State,” Uthmeier posted on X. “Because no other appellate court has considered the constitutionality of Florida’s open carry ban since the SCOTUS decision in Bruen, the 1st DCA’s decision is binding on all Florida’s trial courts. Meaning that as of last week, open carry is the law of the state.”
Everytown did some pretty interesting reporting of the decision.
“Attorney General Uthmeier is refusing to defend a critical law, going against the advice of state law enforcement and ultimately, putting our lives at risk,” Jennifer Massey, a volunteer with the Florida chapter of Moms Demand Action, said in an Everytown story. “This is a complete dereliction of duty and at the end of the day, our kids, communities and law enforcement will pay the price while we strip a decades-old law from the books meant to help keep us all safe.”
If the Demanding Moms accuse you of “dereliction of duty,” you must be doing something right.
This is certain: Florida Attorney General Uthmeier is a true Second Amendment champion. He is certainly one to watch.
The Second Amendment Foundation’s Investigative Journalism Project wouldn’t be possible without you. Click here to make a tax-deductible donation to support pro-gun stories like this.
