TAMPA, Fla. (WFLA) — Florida Agriculture Commissioner Nikki Fried’s lawsuit against the federal government has been delayed due to recent rulings by the U.S. Supreme Court. On June 23, SCOTUS struck down a New York gun law which restricted concealed carry rights in the state.
The lawsuit, filed in April, seeks a legal remedy advocating for gun-buying rights of Florida residents who have prescriptions for medical marijuana. Current federal law prevents medical marijuana users from buying guns or having concealed-carry permits.
The suit by Fried argues that the federal regulation infringes on Floridians’ Second Amendment rights, even though medical marijuana is legal in Florida.
The Florida Department of Agriculture and Consumer Services is the state agency charged with overseeing concealed carry permits and medical marijuana centers.
The SCOTUS decision on gun rights has complicated Fried’s lawsuit against the administration of President Joe Biden.
The effect was acknowledged by filings in federal court, where the federal government requested an additional month to essentially rewrite their argument due to the ruling changing the “framework for addressing Second Amendment claims” and requiring a “different test for resolving” them.
The federal government, as defendants in the case, noted that they still plan to file a motion to dismiss Fried’s lawsuit, but need more time to further review the SCOTUS ruling in the gun rights case, New York State Rifle & Pistol Association, Inc. v. Bruen.
It’s possible the ruling by the nation’s highest court could actually add legal support to Fried’s suit, as it deals with gun rights and reforms.
U.S. District Judge Allen Winsor approved their request for extension, which was not opposed by Fried and her fellow plaintiffs, giving the government until July 25 to respond to her lawsuit.
