Florida Attorney General James Uthmeier is doing something rare in state government: actually defending constitutional rights. And the gun control lobby is losing its mind over it.
Uthmeier has drawn fire from anti-gun politicians, legacy media outlets, and professional victims for the radical act of refusing to defend unconstitutional laws that violate young adults’ Second Amendment rights.
The latest controversy? The AG intervened in a criminal case, asking a state appeals court to uphold an 18-20-year-old defendant’s right to carry. Even hostile media outlets admit this constitutes a clear win for gun rights in Florida.
At issue is a 1987 state law that prohibited 18, 19, and 20-year-olds from carrying concealed firearms—treating legal adults who can vote, serve on juries, and die for their country as second-class citizens when it comes to self-defense.
The Anti-Gunners Freak Out
What really sent the gun control crowd into orbit: Uthmeier actually opposed state prosecutors on this issue. Broward County State Attorney Harold Pryor—who never misses an opportunity to virtue signal about “gun violence”—asked for permission to intervene in the case.
Uthmeier said no.
The predictable media hit pieces followed, featuring Pryor making legally nonsensical arguments about why the Attorney General shouldn’t, you know, defend the Constitution. A Democratic state legislator even begged Governor Ron DeSantis to overrule his AG. DeSantis has wisely stayed quiet, signaling his support for Uthmeier’s position.
Professional Parkland parent Fred Guttenberg—whose entire career now consists of attacking the Second Amendment—accused Uthmeier of “undermining public safety efforts.” Because apparently, treating legal adults as legal adults is a threat to public safety.
Uthmeier’s Office Responds
When contacted by SAF’s Investigative Journalism Project, AG Uthmeier’s press secretary Jae Williams provided this statement:
“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.”
That’s the kind of clarity and constitutional commitment we need from every state AG in America.
A Track Record of Defending Rights
Uthmeier isn’t new to this fight. He joined Governor DeSantis as deputy general counsel in 2019, quickly rising to general counsel within a year, then chief of staff. When DeSantis appointed Attorney General Ashley Moody to replace Senator Marco Rubio in the U.S. Senate, he tapped Uthmeier as her replacement.
One of Uthmeier’s first moves? Overseeing a redesign of the AG’s seal to include the phrase “Free State of Florida.” Not subtle, but we’ll take it.
The Open Carry Win
Last September, Uthmeier effectively ended Florida’s unconstitutional open carry ban with a single post on X (formerly Twitter).
After Florida’s First District Court of Appeals ruled the state’s open carry ban unconstitutional in McDaniels v. State of Florida, Uthmeier didn’t drag his feet or look for ways to preserve the status quo. Instead, he immediately issued guidance to prosecutors and law enforcement statewide.
“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. “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.”
Boom. Done. That’s how you do it.
Everytown’s Tears Are Delicious
Naturally, Bloomberg’s astroturf operations had a meltdown. Jennifer Massey, a volunteer with Moms Demand Action’s Florida chapter, clutched her pearls for Everytown:
“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. 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.”
When Moms Demand Action accuses you of “dereliction of duty,” you’re absolutely doing something right.
The Bottom Line
Florida Attorney General James Uthmeier understands something too many state attorneys general forget: their oath is to the Constitution, not to preserving unconstitutional laws just because they’re old or politically popular.
If an 18-year-old is old enough to serve in the military, they’re old enough to exercise their Second Amendment rights. Full stop.
More states need AGs with Uthmeier’s backbone. He’s proving that when you actually defend constitutional rights instead of looking for excuses to compromise them, you can win—and the gun control lobby’s hysterics are just a bonus.
Keep your eye on Florida. This is what winning looks like.
This story was originally reported by Lee Williams for The Second Amendment Foundation’s Investigative Journalism Project. Click here to support pro-gun investigative journalism with a tax-deductible donation.
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