Florida judges legally can’t bar state attorneys and their staff from carrying firearms into courtrooms, according to Florida Attorney General James Uthmeier.
In an Oct. 20 letter posted to the attorney general’s website, Uthmeier told Sarasota’s Republican State Attorney, Ed Brodsky, that he and his staff should be allowed to bring their guns into courtrooms — even though the Chief Judge of the Twelfth Judicial Circuit decreed otherwise in a September order.
“The Chief Judge’s Administrative Order clearly conflicts with and attempts to amend Florida law,” Uthmeier wrote in his advisory opinion, insisting that the circuit has “contravened” the law. These opinions are not binding, and while courts have to consider them in litigation, they don’t need to abide by them.
“The Order cannot lawfully prohibit the State Attorney, assistant state attorneys, and their investigators from carrying firearms in the Twelfth Circuit’s courtrooms.”
He argued that although Florida statute empowers judges to limit “any person” from bringing weapons into their courtrooms, state attorneys and their staff don’t count as “any person.”
They count as law enforcement.
“Law enforcement officers—including state attorneys, assistant state attorneys, and investigators—do not fall within the definition of ‘any person,’” he said.
Uthmeier’s opinion tracks with his dogged pro-gun rights approach since Gov. Ron DeSantis appointed him to the chief legal position in February. He declined to defend a decades-old ban on open carry last month when the First District Court of Appeal struck it down as unconstitutional. He has since asked the legislature to clean up state statute to reflect the decision.
Similarly, he’s preemptively refused to defend a Parkland-era law that lowered the gun-buying age if it makes it to the Florida Supreme Court — unlike his predecessors. This approach comes as House Republicans are set to consider (for the fourth year in a row) whether to return the gun-purchasing age to 21. DeSantis, meanwhile, has advocated for a repeal of Florida’s red flag laws, but the state Senate has largely avoided touching gun laws since the Marjory Stoneman Douglas High School shooting in 2018.
Why did Uthmeier write this opinion?
The dispute arose after Judge Diana Moreland in September finalized new restrictions on where state attorneys can carry firearms: state attorneys and their staff could carry firearms into court facilities where their offices are, but not in courthouses without their offices or in any courtroom. Moreland oversees cases in Sarasota, Manatee, and DeSoto counties.
Brodsky disagreed, and wrote to Uthmeier to ask his legal opinion. Because this isn’t a court case, the attorney general as Florida’s chief legal officer can offer advisory opinions that often carry great weight in future litigation and serve as a guideline for state attorneys.
Uthmeier referenced a 1988 opinion by Florida Attorney General Robert Butterworth in a letter to then-State Attorney Janet Reno, a Democrat serving Miami-Dade who went on to serve as U.S. Attorney General. Butterworth believed that assistant state attorneys are law enforcement, and therefore could carry weapons into court in their official capacity.
“The Florida legislature has recognized the importance of the safety of prosecutors by giving them the right to arm themselves in the course of their official duties,” Uthmeier wrote.
“While [statute] contemplates a Chief Judge’s ability to regulate the carrying of firearms in courthouses and courtrooms, the State Attorney, assistant state attorneys, and investigators plainly fall outside that statute’s permissible regulatory sweep.”
–Liv Caputo, Florida Phoenix
JimboXYZ says
Hope they have a policy & procedure in place., The legal team(s) might have a moment of hesitation where the Sheriff’s Officers & legal staffs might freeze up in a chaotic moment in the event that the level of protection is in that moment ? I mean, would the armed Sheriff’s Officer still be primary to handle that situation over the prosecution & their legal staff. To me it seems like the timing, proximity of a threat that requires to be neutralized or eliminated & anything else is more critical than whether the prosecution has the gun or not ? Would certainly hold the prosecutor & anyone on their staff to be liable for “their mistakes” in assessment & judgement for pulling a gun on what might turn out as an erroneous threat assessment ? SYG shouldn’t be a defense for mistakes made like that. It isn’t for law enforcement officers, shouldn’t be for prosecuting attorneys. And in that same regard, the errant bullet, anyone would be responsible for an innocent bystander in the courtroom as a victim has accountability & responsibility just the same. That’s just the nature of self defense, innocent victims aren’t going to want to hear that the prosecutor shot them to protect themselves. I know survivng that moment, I wouldn’t have a sense of humor about it, or be thankful that the prosecutor saved his own bacon at the expense of another like that. The “Sorry” doesn’t change that fact.
Deborah Coffey says
And, so it goes. Millions of Floridians are about to go hungry and lose their healthcare, but gun rights are alive and well. Don’t you just love Fascism?
Taxpayer says
Talk about asking for trouble this is it. Who in their right mind thinks this is a good idea?
BrentJ says
By ignoring the court order issued in September, it appears that Uthmeier is derelict in his duties. DeSantis has an obligation to remove him from his position, right? Right? I mean, if it’s appropriate to remove Warren in 2022 for “…willful defiance of his duties…” and Uthmeier’s own predecessor for “endangering the public”, it seems pretty clear that DeSantis needs to step in again. RIGHT?!?
What Else Is New says
Yes, Deborah Coffey, fascism reigns in Florida and other red states. Ron Charity Fraud DeSantis continues his march toward the cliff of eradication of democracy. Senator Rick Medicare Fraud Scott continues his lies about Democrats wanting healthcare for, “illegal aliens.” Congressman Randy Not At All Fine spews lies while boasting of good works. Calling these reprobates each day may not affect change but it helps to calm one.
Pogo says
@Stupid is
… as stupid duhs. Gives a whole new perspective on a circular firing squad.
There really is no bottom with these assholes.
Skibum says
From a law enforcement standpoint, this is purely political nonsense, and has absolutely nothing to do with safety. Courthouses are some of the most secure, protected buildings anywhere, staffed by armed law enforcement personnel throughout the buildings, including inside each courtroom. They have metal detectors and security checkpoints with search procedures at all entrances for the public. There was good reason for the judge to not want people who are not uniformed law enforcement walking around with guns.
More and more and more guns, yea! Maybe start issuing nicknames on FL driver licenses… “Two Gun Sally”, “Wyatt Earl”, “Pistol Pete”, etc. The idiots in the DeSantis government in Tallahassee love and idolize people carrying guns around… EXCEPT anywhere near them! Just try to go into this idiot AG’s office while armed, or attempting to get in the govie’s office packing heat, and you’ll find yourself spread eagle on the ground with cuffs on so fast it will make your head spin! They cannot trust anyone seen with a gun near THEM, but as far as all of us regular piss ants in society, we’re on our own like usual and they couldn’t care less!
Gone are the good days says
Former attorney general Bob Butterworth was one of the last great politicians to serve the state of Florida. He was a former circuit court judge and former sheriff of Broward County, before serving statewide as Attorney General. Now we are served by knuckle dragging, gun loving idiots,led by an inept governor who doesn’t seem to have studied our Constitution or prefers to ignore it.