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Gun Owners of America fights Florida's ban on carrying firearms openly: 'Blatant infringement'

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Gun Owners of America fights Florida's ban on carrying firearms openly: 'Blatant infringement'

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FIRST ON FOX: Gun rights activists are taking up the fight to strike down Florida’s ban on openly carrying firearms after the Republican-controlled legislature rejected an repeal effort. 

Gun Owners of America (GOA) is filing a lawsuit in the U.S. District Court for the Southern District of Florida that seeks to have the 1893 gun restriction declared unconstitutional and a court order to block enforcement of the law. The challenged statute makes it “unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.” 

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“Despite its reputation as a largely gun-friendly state, Florida inexplicably continues to prohibit the peaceable carrying of firearms in an open and unconcealed manner,” the complaint obtained by Fox News Digital states. 

“This blatant infringement of the Second Amendment right to ‘bear arms’ runs counter to this nation’s historical tradition and would have criminalized the very colonists who openly carried their muskets and mustered on the greens at Lexington and Concord to fight for their independence.” 

DESANTIS’ SIGNATURE TIPS US INTO MAJORITY ‘CONSTITUTIONAL CARRY’ NATION WITH NEW FLORIDA GUN RIGHTS LAW

A Florida gun law book on display at Top Shottas Guns & Tactical Supply store in Fort Lauderdale on June 29, 2023. Florida’s law allowing people to carry concealed weapons without a state permit went into effect on July 1, 2023. (Carline Jean/Sun Sentinel/Tribune News Service via Getty Images)

The arguments advanced by Gun Owners of America assert Florida’s open carry ban is outside the history and tradition of firearms regulation in the U.S. – a direct appeal to the Supreme Court’s landmark decision in New York State Rifle & Pistol Association, Inc. v. Bruen (2022). The high court held that the ability to carry firearms in public is a constitutional right and that any restrictions must fit within the nation’s “historical tradition of firearm regulation.” 

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Gun Owners of America points out the Florida open carry ban was adopted decades after Reconstruction and more than a century after the Second Amendment was ratified. “To make matters worse, that 1893 carry ban openly targeted only a disfavored subset of the population – newly freed Blacks – while Whites enjoyed de facto immunity from enforcement,” the complaint asserts. 

Plaintiffs also say Florida is both a historical outlier and presently one of only a few states that entirely bans the open carry of firearms. The others are blue states California, Illinois and New York, along with the District of Columbia. “In contrast, the vast majority of states permit the open carry of all manner of firearms (both handguns and long guns), by any law-abiding adult and without any sort of permit at all,” the complaint states. 

“Plaintiffs seek preliminary followed by permanent injunctive relief, as well as declaratory and other relief, to rectify Florida’s infringement of an enumerated right that ‘shall not be infringed.’”

KYLE RITTENHOUSE WALKS BACK DECLARING HE WAS NOT VOTING FOR TRUMP FOR NOT BEING ‘PRO-GUN ENOUGH’

Ron DeSantis waves from the stage on Day 2 of the Republican National Convention

Florida Gov. Ron DeSantis signed the state’s constitutional carry law. A DeSantis administration official said the governor also supports open carry and is waiting for the legislature to act. (Reuters/Elizabeth Frantz)

The lawsuit comes after Republican Gov. Ron DeSantis signed a GOP-backed bill last year that eliminated a requirement for state residents to obtain a permit to carry concealed firearms. The law allows eligible citizens 21 years of age and up to carry without asking the government for a permit and without paying a fee. The legislation did not change who is eligible to obtain a carry permit, and those who still wish to get a permit may do so under the law. 

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A DeSantis administration official told Fox News Digital the governor supported efforts to include repealing the open carry ban in that legislation, but state lawmakers would not come around. Senate President Kathleen Passidomo, a Republican from Naples, said at the time she does not support open carry because the Florida Sheriffs Association (FSA) and other law enforcement groups opposed the effort, according to the Florida Phoenix. 

Florida Democrats and anti-gun activists were also against the constitutional carry law, warning that easing access to concealed carry would lead to more violence. Anti-gun group Everytown for Gun Safety calls open carry a “dangerous policy” that is supported by hate groups and claims it is “exploited by White supremacists and opposed by law enforcement and the public.” 

MAJ TOURE: EDUCATE ‘AMERICANS IN THE MOST VULNERABLE AREAS’ TO ‘EXERCISE THEIR SECOND AMENDMENT RIGHTS’

A man open carries a pistol in Texas.

Kenny Wolfam carries a pistol while counter-protesting a “Moms Demand Action” demonstration in response to a new Texas gun law at Buffalo Bayou Park in Houston on June 17, 2021. (Mark Felix/AFP /AFP via Getty Images)

Though Second Amendment supporters backed the Florida constitutional carry law, some, like GOA, said it did not go far enough because the reform doesn’t apply to open carry. 

“Florida lawmakers claim to be pro-gun, but year after year, they’ve refused to repeal the 1987 ban on open carry, leaving Floridians in the very anti-gun company of New York, Illinois, and California where this is also prohibited,” said Erich Pratt, GOA’s senior vice president. 

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“GOA has been left with no choice but to sue the state, especially since GOA’s open carry bill was blocked by Republican legislative leadership during the 2024 session’s first week. 

“This ban has no historical basis and will surely be found unconstitutional under the Bruen precedent. We look forward to making our case and fighting for law-abiding Floridians.”

St. Lucie County Sheriff Keith Pearson, State Attorney Thomas Bakkedahl and the State Attorney’s Office for the 19th Judicial Circuit of Florida are named as defendants in the complaint. 

Fox News Digital’s Emma Colton contributed to this report.

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DOJ asks court to toss Alex Murdaugh appeal on federal financial crimes

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DOJ asks court to toss Alex Murdaugh appeal on federal financial crimes

Federal prosecutors have asked a court to toss Alex Murdaugh’s appeal on federal financial crimes as the convicted killer and fraudster seeks a sentence reduction, according to court documents.

They argued that he signed away his right to appeal the sentence as part of his plea deal, when he admitted to scamming 27 victims and his own law firm out of nearly $11 million over the course of years.

“For more than 15 years, he spun a complex web of exploitation, manipulation and deceit, preying on highly vulnerable victims in pursuit of his own financial gain,” federal prosecutors wrote in a motion to dismiss the appeal filed in federal court Thursday.

ALEX MURDAUGH’S LAWYER SAYS JURORS HEARD WEEKS OF UNRELATED EVIDENCE AS DEFENSE SEEKS NEW TRIAL

Alex Murdaugh reaction after guilty verdict.  (Fox News)

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Murdaugh stole a total of $10,901,547.32 from his own clients and legal partners, routing settlement money to his own bank accounts and later laundering more than half of it, prosecutors wrote. He pleaded guilty to 22 federal financial crimes in September 2023.

U.S. District Judge Richard Gergel handed down a sentence of 40 years in prison for multiple crimes – four sentences of 30 years and four of 20 to run concurrently, plus another 10 years on 14 money laundering counts. Prosecutors had asked for 30 years.

WATCH ‘THE FALL OF HOUSE MURDAUGH’ ON FOX NATION

In the court filings, prosecutors noted that Murdaugh’s plea deal included a partial waiver of his right to appeal – limiting him to raise only a handful of issues: prosecutorial misconduct, ineffective counsel or future changes in the law that would impact his sentence. He accepted the deal “of his own free will because he is guilty.”

Read the motion to dismiss

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Yet his appeal, according to prosecutors, hinged on two complaints – that the court imposed a “de facto” life sentence without proper review, and that his sentence was “grossly disproportionate” to the crimes.

“Both are barred by the appeal waiver,” prosecutors from the U.S. Attorney’s Office for the District of South Carolina wrote to the court.

Murdaugh family poses in formal attire

Alex Murdaugh, right, is shown here with his family in an undated family photo. Jurors found him guilty of killing his wife, Maggie, second from left, and younger son Paul, second from right. (Fox News)

As a result, they argued, the judge should dismiss his appeal.

“If the Court holds that his claims can move forward simply because he couched them in Eighth Amendment terms, every defendant discontent with his sentence could evade his binding and valid appeal waiver just by calling the sentence ‘disproportional,’” prosecutors wrote. “The exception would swallow the rule, and appeal waivers would become meaningless. Murdaugh’s appeal must be dismissed.”

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Attorney Eric Blandstanding with members of the Satterfield family, addresses the court during Alex Murdaugh's sentencing

Attorney Eric Bland, right, standing with members of the Satterfield family, addresses the court during Alex Murdaugh’s sentencing for stealing from 18 clients, Tuesday, Nov. 28, 2023, at the Beaufort County Courthouse in Beaufort, S.C. (Andrew J. Whitaker/The Post And Courier via AP, Pool)

Murdaugh is serving a life sentence for killing his wife Maggie, 52, and 22-year-old son, Paul Murdaugh, in June 2021 at the family’s former Moselle estate in Colleton County. He is appealing that conviction and has denied harming his wife or son.

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He pleaded guilty to dozens of financial crimes, however. He also received a 27-year sentence on state charges relating to the fraud and theft.

More than $4 million in Murdaugh’s stolen funds was owed to the family of Gloria Satterfield, a former housekeeper for the disgraced lawyer. He urged her sons to sue his own homeowner’s insurance after she died in his house in February 2018.

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He helped negotiate the settlement and then kept it for himself – never telling her sons the matter had been resolved.



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Safety tips to know as Hurricane Debby downgraded to tropical storm

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Safety tips to know as Hurricane Debby downgraded to tropical storm

Hurricane Debby made landfall Monday morning near Steinhatchee, Florida, as the storm brought heavy rains, strong winds and power outages to parts of the Sunshine State. Debby has since weakened to a tropical storm, FOX Weather reported.

After landfall, power outages skyrocketed to more than 300,000 utility customers following the Category 1 storm, according to PowerOutage.us.

The U.S. Consumer Product Safety Commission (CPSC) made it a point to remind Americans that extreme weather conditions put people at risk of power outages, carbon monoxide poisoning, fire and electric shock.

With hurricane season on the Gulf and Atlantic Coast running from June 1 to Nov. 30, according to the National Weather Service’s (NWS) current forecast, families still have time to review tropical storm hazards and prepare for worst-case scenarios.

HURRICANE DEBBY KNOCKS OUT POWER TO OVER 200K FLORIDIANS

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It’s suggested that you prepare now if you haven’t already.

Here are safety precautions that the CPSC and the NWS want Americans to keep in mind for current and future storms.

Know how to use a generator

Each year, over 200 U.S. consumers die from generator-linked carbon monoxide poisoning each year, the CPSC estimates.

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Carbon monoxide poisoning from portable gasoline-powered generators “can kill in minutes” because the gas is “colorless and odorless.”

People who are exposed to carbon monoxide can lose consciousness before they recognize common poisoning symptoms such as nausea, dizziness or weakness, according to the CPSC.

An electricity generator is a device that converts mechanical energy into electric power. Homeowners tend to buy generators in case of power outages. (iStock)

Portable generators should never be operated inside the home, garage, basement, crawlspace, shed or on a porch, the CPSC said — and should instead be placed outside at least 20 feet away from a home.

7 WAYS TO STAY SAFE IN THIS SUMMER’S SCORCHING HEAT

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“Opening doors or windows will not provide enough ventilation to prevent the buildup of lethal levels of CO,” the CPSC reported.

“The generator’s exhaust [should be kept] away from the home and any other buildings that someone could enter, while keeping windows and other openings closed in the exhaust path of the generator.”

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Owners of generators and aspiring owners should review in-depth safety materials, keep up the machine maintenance per the manufacturer’s instructions and look for models that have carbon monoxide detectors with automatic shut-off technology, according to the CPSC.

Double-check CO and smoke alarms

Whether a household owns a generator or not, the CPSC said families should have battery-operated carbon monoxide detectors and smoke alarms installed inside their home.

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Detectors and alarms with built-in battery backups are also worth consideration, according to the CPSC.

carbon monoxide detector

Carbon monoxide (CO) detectors are devices that issue warnings once unusually high build-ups of carbon monoxide gas are found in a home or building. These devices are designed to prevent carbon monoxide poisoning. (iStock)

For optimum safety, the CPSC said carbon monoxide detectors should be installed on each level of a home and placed outside separate bedrooms — while smoke alarms should be installed on each level of a home and placed inside each bedroom.

The CPSC said families should test carbon monoxide detectors and smoke alarms monthly to ensure these devices work and have adequate battery life long before a storm arrives.

people leave after smoke alarm goes off

Smoke alarms are devices that issue warnings when an unusually high amount of smoke is found in a home or building, which is typically an indicator of a fire. (iStock)

“Never ignore an alarm when it sounds,” the CPSC added. 

“Get outside immediately. Then call 911.”

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Be careful with flammables

In the event of a power loss from a tropical storm or hurricane, some families might turn to flammable materials, such as charcoal or candles, to take care of household tasks.

However, charcoal should never be burned indoors because it “can produce lethal levels of [carbon monoxide],” the CPSC warned. 

charcoal grill

Charcoal grills should never be lit indoors because the process produces high amounts of carbon monoxide — which puts people at risk of death in enclosed spaces. (iStock)

Just as with generators, charcoal grills should not be used in garages or enclosed spaces, even when a door is left open, the CPSC said.

15 EMERGENCY PREPAREDNESS SUPPLIES EVERYONE SHOULD CONSIDER GETTING

The consumer safety agency also warned that candles should be used with caution.

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“If using candles, do not burn them on or near anything that can catch fire,” the CPSC said. 

“Never leave burning candles unattended. Extinguish candles when leaving the room and before sleeping.”

candle being lit in dark

Candles are cylinder blocks of wax that can used as a light sources thanks to the flammable central wick. However, these household items could cause accidental fires. (iStock)

The CPSC recommends the use of flashlights over candles if both are available in a household.

Stay away from wet appliances

Since tropical storms and hurricanes are known to cause flooding, people should keep an eye out for wet appliances.

“Do not touch wet appliances that are still plugged into an electrical source,” the CPSC warned.

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If flooding has occurred, families should have a professional or a gas or electric company perform a safety check on household appliances before resuming use, the CPSC noted.

Hurricane Debby Horseshoe Beach, Florida

Whether a household owns a generator or not, the CPSC said families should have battery-operated carbon monoxide detectors and smoke alarms installed inside their home. (iStock;AP Photo/Christopher O’Meara)

“Replace all gas control valves, electrical wiring, circuit breakers and fuses that have been underwater,” the CPSC said.

Watch out for gas leaks

Gas leaks can also happen during a tropical storm or hurricane, the CPSC warned.

If a gas leak is suspected, smelled or heard, families should leave their homes immediately.

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“Contact local gas authorities from outside the home,” the agency said. “Do not operate any electronics, such as lights or phone, before leaving.”

For more Lifestyle articles, visit www.foxnews.com/lifestyle.

National Weather Service: Tropical storm and hurricane safety tips

Families can and should take safety precautions before a tropical storm or hurricane arrives, according to the National Weather Service.

The agency’s storm safety guide said that people who live near the Gulf or Atlantic Coasts should know where their nearest storm evacuation zone is. 

“Go bags” filled with “basic emergency” supplies should be packed before a storm arrives.

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This information can be found on local government websites and emergency management resources or offices. 

“Go bags” filled with “basic emergency” supplies should be packed before a storm arrives, according to the NWS.

The agency recommends packing “Basic Disaster Supplies” noted on the U.S. Department of Homeland Security’s Ready.gov website.

These items include water (gallon per person), non-perishable food, battery-operated or hand crank radios, flashlights, a first aid kit and packs of extra batteries.

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Tropical Weather Debby Florida

Hurricane Debby made landfall near Steinhatchee, Florida as the storm brought heavy rains, strong winds, and power outages to parts of the Sunshine State. ((AP Photo/Christopher O’Meara))

Other basic disaster supplies that Ready.gov names include a whistle to signal for help, dust masks to filter contaminated air, plastic sheeting and duct tape for sheltering in place, sanitation materials (moist towelettes, garbage bags and plastic ties), a wrench or pliers for turning off utilities, a manual can opener, local maps and cell phone with chargers.

The NWS’s storm guide also recommends people consider having materials to fortify their home, such as wood planks for boarding windows.

Homeowners should also keep trees trimmed, bring loose outdoor furniture indoors, secure all doors and move cars into garages or another secure location, the NWS said.

family prepares for emergency evacuation

Families should review emergency evacuation plans and go-bags together before disaster strikes. (doble-d)

The NWS said emergency evacuation and disaster plans should already be in place and reviewed with family before a storm approaches. 

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Written copies of the plans can be packed in go-bags, according to the agency’s storm guide.

Storm forecasts and updates can be found through local tv news stations, mobile phones, radio broadcasts, social media and Weather.gov, according to the NWS.



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Trump's Georgia problem: 'Neck and neck' with VP Harris as candidates fight for battleground states

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Trump's Georgia problem: 'Neck and neck' with VP Harris as candidates fight for battleground states

Former President Trump’s tight race with VP Harris is bringing Georgia – a historically red state-turned-blue – back to the forefront this election cycle as the two candidates are “neck and neck” in the Peach State’s polls. 

And Trump’s rhetoric could swing the state one way or another, according to experts. In the 2020 presidential election, it was assumed Georgia was reliably Republican, as it had been for more than four decades. However, not only did Trump lose, but the state also saw two Senate losses for Republicans, which decided Senate control.

“They’re neck and neck in Georgia,” Tevi Troy, presidential historian and former deputy secretary of Health and Human Services in the George W. Bush administration, told Fox News Digital. “In 2020, we were still operating under the assumption that Georgia was Republican territory as it had been pretty reliable for a long time, and then not only did Trump lose, but then you had those two Senate losses that came right after the election in January that determined the control in the Senate.”

GEORGIA ACTIVIST STEALS SHOW AFTER BEING INTRODUCED BY TRUMP AT ATLANTA RALLY: ‘INCREDIBLE’

Republican presidential nominee Donald Trump takes the stage with his vice presidential running mate, Sen. JD Vance, during a campaign rally at the Georgia State University Convocation Center in Atlanta on Aug. 3, 2024. (Joe Raedle/Staff)

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“I think some of the defeat stems from Trump’s behavior in that period. So, I think he has to be careful about what he says and how he approaches Georgia, because in the neck-and-neck state, if you alienate the state, that could make an impact,” he said.

Georgia’s electorate includes a mix of traditional rural voters, who have historically supported Republicans, and a newer demographic of wealthier, educated voters often leaning Democrat, particularly in the Atlanta suburbs.

Additionally, Troy noted, Black voters make up a significant portion of the electorate, which has traditionally leaned heavily Democrat. Recent indications suggest Trump is performing somewhat better among Black voters, especially Black men, which could impact the overall voting dynamics if he can reduce the Democrat dominance in this group, he added.

TRUMP RALLIES SUPPORTERS IN ATLANTA AS 2024 PRESIDENTIAL RACE HEATS UP

Vice President Kamala Harris to announce her running mate on the Democrats' 2024 national ticket

Vice President Kamala Harris is shown at a campaign rally in Atlanta on July 30, 2024. (AP Photo/John Bazemore)

Georgia-based radio host Erick Erickson, also a former councilmember in Macron, told Fox News Digital, “Over 30,000 people refused to vote for Trump in Georgia in 2020, and he lost by about 12,000 votes.”

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“All he’s doing is reminding everyone why they don’t like him,” Erickson said. “And he has no Georgia ground game and will have to rely on Kemp. It’s going to hurt him.”

But old tensions resurfaced between Georgia Gov. Brian Kemp, a Republican, and the former president during Trump’s rally in Atlanta over the weekend, when Trump criticized Kemp for refusing to overturn the 2020 election results. 

The governor responded by suggesting Trump should focus on winning in November and refrain from “petty personal insults, attacking fellow Republicans or dwelling on the past.”

HARRIS MOCKED FOR ‘FAKE’ SOUTHERN ACCENT DURING GEORGIA RALLY

Kamala Harris, Trump split

Vice President Harris and former President Trump (Andrew Harnik/Getty Images/Brandon Bell/Getty Images)

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Meanwhile, Harris also headlined a rally in Atlanta last week when she stood in front of roughly 10,000 attendees – the largest for this cycle for the Democratic Party’s national ticket – which featured a performance by hip-hop star Megan Thee Stallion.

Fox News Digital’s Landion Mion and Paul Steinhauser contributed to this report.

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