Florida AG declares 2018 state law to be ‘unconstitutional’
Shortly after being reappointed by voters this month, Florida Attorney General James Uthmeier has declared a 2018 state law to be “unconstitutional.”
Uthmeier made the announcement on Friday afternoon, pointing to the law, which prohibits people in Florida from selling or owning bump stocks.
As described by state statutes, “bump stocks” refer to tools or accessories that can increase a gun’s rate of fire, often used to make a semiautomatic weapon mimic an automatic weapon.
“As currently written, the overly broad law appears to restrict the use of trigger enhancements used by firearm owners for lawful purposes, subjecting them to five years in prison,” Uthmeier wrote.
As such, Uthmeier released a legal opinion that recognizes the law as unconstitutional under the Second Amendment.
“And this office will not defend a conviction under the statute going forward,” he concluded.
People are being arrested and prosecuted under a 2018 law that banned “bump stocks.”
As currently written, the overly broad law appears to restrict the use of trigger enhancements used by firearms owners for lawful purposes, subjecting them to five years in prison.
Today, my office issued a legal opinion recognizing the law as unconstitutional under the Second Amendment, and this office will not defend a conviction under the statute going forward.
— Attorney General James Uthmeier (@AGJamesUthmeier) November 13, 2026
The statute was initially enacted as part of the Marjory Stoneman Douglas High School Public Safety Act, shortly after a deadly shooting broke out at the eponymous school.
“When signing the Act into law, Governor Scott reportedly remarked that ‘all have to give a little and make a compromise,’” the opinion notes. “The Constitution, however, brooks little compromise when it comes to citizens’ fundamental rights.”
It’s important to note that Uthmeier’s declaration doesn’t eliminate the law. Instead, he says his office won’t enforce convictions under the statute.
It’s not the first time the attorney general has made these sorts of proclamations, though.
Earlier this year on Martin Luther King Jr. day, Uthmeier issued another opinion in which he said his office would no longer enforce 80 race-based state laws.
In that opinion, Uthmeier points out that several laws in the state mandate discrimination based on race.
“Racial discrimination is wrong. It is also unconstitutional,” he writes. “Yet Florida maintains several laws on its books that promote and require discrimination on its face.”