Florida Attorney General's Argument on Open Carry of Guns Used in Immigration Case

Strategic Insights -

A coalition of immigrants' rights groups led by the ACLU has taken an unusual approach to persuade a federal court to keep a strict immigration law blocked, using Attorney General James Uthmeier's argument on open carry of guns. Uthmeier declared that open carry of firearms is the "law of the state" after a state appellate court decision struck down Florida's ban on publicly displaying guns. This memo contradicts his stance on immigration law, where he contested that police should not "refrain from arresting" migrants, despite a district court order instructing them to do so.

Key Takeaways:

  • The ACLU, representing the Immigrants' Rights Project, has used Attorney General James Uthmeier's statement on open carry of guns to argue that the same principle should apply to immigration law.
  • Uthmeier's memo to law enforcement stated that open carry of firearms is the "law of the state," citing a 2022 U.S. Supreme Court case requiring laws addressing the Second Amendment to be based on "historic" tradition.
  • The Attorney General's office has been locked in a battle with federal Judge Kathleen Williams over immigration law SB 4-C, which she blocked as infringing on federal authority.
  • The 11th Circuit panel must decide whether a preliminary injunction was rightfully applied, with oral arguments scheduled for October 9.
  • The immigration package, SB 4-C, includes wide-ranging provisions, including empowering state prosecutors and officers to arrest migrants, striking in-state tuition for undocumented college students, and mandating the death penalty for noncitizens convicted of capital crimes.
  • The ACLU and the Attorney General's office did not respond to requests for comment.

Statistics:

  • 1987: The year Florida's open carry ban was implemented.
  • 2022: The year the U.S. Supreme Court case ruling on requirements for laws addressing the Second Amendment.
  • 91%: The state of Florida's allowance for residents to conceal carry without a permit.
  • 4: The number of states that explicitly outlawed open carry alongside Florida, including Illinois, California, and New York.

Sources:

  • [https://storage.courtlistener.com/recap/gov.uscourts.ca11.91281/gov.uscourts.ca11.91281.54.0.pdf] - Brief written by ACLU attorney Cody Wofsy.
  • [https://www.flsenate.gov/Session/Bill/2025C/4C/BillText/er/PDF] - SB 4-C immigration law.
  • [https://floridaphoenix.com/2025/06/17/federal-judge-holds-ag-james-uthmeier-in-contempt-of-court/] - Federal Judge Kathleen Williams' ruling holding AG James Uthmeier in civil contempt.