Florida is a state with a deep tradition of responsible gun ownership. From hunters in the rural parts of Manatee County to homeowners in Riverview and Brandon who keep a firearm for personal protection, the right to keep and bear arms is not an abstract constitutional principle — it is a practical reality for hundreds of thousands of families in District 16.
That right is under sustained pressure from federal legislation, regulatory overreach by executive agencies, and court challenges that seek to chip away at what the Supreme Court has affirmed is an individual right. John Peters believes the Second Amendment means what it says — and that Congress must defend it vigorously.
What the Second Amendment Actually Protects
The Second Amendment to the United States Constitution reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
For much of the 20th century, courts debated whether this amendment protected a collective right — tied to militia service — or an individual right to own and carry firearms for personal use. The Supreme Court settled this question in District of Columbia v. Heller (2008), ruling 5–4 that the Second Amendment protects an individual right to possess firearms independent of service in a militia. The Court struck down Washington D.C.’s handgun ban as unconstitutional — the first time the Court had struck down a federal gun law on Second Amendment grounds.
In New York State Rifle & Pistol Association v. Bruen (2022), the Court took this further, ruling 6–3 that the Second Amendment protects the right to carry firearms in public for self-defense. The Court also established a new test for evaluating gun regulations: laws must be consistent with the “historical tradition of firearm regulation” in America. This standard has since been used by courts across the country to strike down a range of gun restrictions that lacked historical precedent.
What does this mean practically? The Supreme Court has been clear: the Second Amendment is not a second-class right. It protects the right to keep firearms at home for self-defense, to carry them in public, and to own the types of firearms in common use. Bans on commonly owned firearms, licensing schemes that effectively prevent law-abiding citizens from exercising the right, and regulatory frameworks designed to make gun ownership burdensome all face serious constitutional challenges under the Heller-Bruen framework.
Florida Gun Laws: What You Need to Know in 2026
Florida has some of the most firearm-friendly laws in the nation. Here is a practical overview of what Florida gun owners need to know:
Constitutional carry (permitless carry). Florida enacted constitutional carry in July 2023, joining the majority of states that allow law-abiding adults to carry a concealed firearm without first obtaining a government permit. Under Florida’s constitutional carry law, any person who is legally allowed to possess a firearm may carry it concealed without a permit. You do not need to apply for, pay for, or wait for government permission to exercise this constitutional right.
Florida Concealed Weapon License (CWL). Florida still offers an optional Concealed Weapon License for those who want it — primarily useful for reciprocity when traveling to other states that require a permit. Apply through the Florida Department of Agriculture and Consumer Services (FDACS). Florida’s CWL is recognized by more than 30 states.
Stand Your Ground. Florida’s Stand Your Ground law removes the duty to retreat before using force in self-defense when a person has a legal right to be present and is not engaged in unlawful activity. This law has been affirmed by Florida courts and is a significant protection for law-abiding Floridians who use force in legitimate self-defense situations.
Prohibited locations. Even with constitutional carry, Florida law prohibits firearms in certain locations including: police stations and sheriff offices, detention facilities, courthouses, polling places, government meetings, school districts and school grounds, colleges and universities, and licensed establishments selling alcohol. Know the prohibited locations before you carry.
Federal background checks (NICS). Federal law requires licensed firearms dealers to run a National Instant Criminal Background Check System (NICS) check on all gun purchases. Florida follows federal law on background checks; private party transfers between individuals do not currently require NICS checks under Florida law (though federal proposals would change this).
Prohibited persons. Both federal and state law prohibit firearms possession by: convicted felons, individuals subject to domestic violence restraining orders, those adjudicated as mentally defective or committed to a mental institution, illegal aliens, and several other categories. These prohibitions remain in effect regardless of constitutional carry.
The Federal Threat to Gun Rights in 2026
The most immediate federal threats to gun rights in 2026 are not dramatic legislation like assault weapon bans — those rarely pass Congress. The more insidious threats come through regulatory action and legislative proposals that incrementally restrict rights:
ATF regulatory overreach. The Bureau of Alcohol, Tobacco, Firearms and Explosives has attempted to redefine what constitutes a firearm and a “machine gun” through administrative rulemaking — bypassing Congress and the normal legislative process. ATF rules on pistol braces, forced reset triggers, and “frame and receiver” definitions have all been challenged in court. The executive branch should not have the power to rewrite federal gun law through regulation, and John Peters will push Congress to reclaim this authority.
Universal background check proposals. Federal legislation has repeatedly been introduced to require background checks on all firearms transfers — including private party sales between individuals. While proponents frame this as closing the “gun show loophole,” in practice it would require federal government involvement in every transfer of a firearm between private citizens and create the framework for a de facto national gun registry. Peters opposes any legislation that creates or enables a national firearms registry.
Red flag law frameworks. Federal proposals for red flag (Extreme Risk Protection Order) laws would allow courts to temporarily confiscate firearms from individuals before any finding of criminal activity, based on a petition from family members, law enforcement, or others. While the intent is to prevent violence, ERPO frameworks as written in many states have significant due process concerns — firearms are seized before the owner has an opportunity to contest the petition. Peters opposes federal red flag legislation that does not provide robust due process protections.
International treaty obligations. The Arms Trade Treaty and other international agreements have been used as justification for domestic gun regulations. Congress must ensure that international treaty obligations never override Second Amendment rights.
John Peters’ Commitment to Second Amendment Rights
John Peters is a strong, unequivocal Second Amendment supporter. He will never vote to infringe on the constitutional rights of law-abiding Floridians. Specifically, he will:
- Oppose any federal legislation that infringes on the right to keep and bear arms — including universal background check requirements that create registry frameworks, assault weapon bans, and magazine capacity restrictions.
- Fight ATF regulatory overreach. Congress should reclaim its legislative authority and prevent executive agencies from effectively rewriting federal firearms law through administrative rulemaking.
- Oppose any federal red flag law that does not provide robust due process protections. The Second Amendment right to keep and bear arms is a constitutional right. Depriving citizens of that right before any criminal finding — without adequate opportunity to contest — is constitutionally suspect and practically dangerous.
- Protect veterans’ Second Amendment rights. Veterans and other law-abiding citizens should not be stripped of their rights through administrative processes — such as VA benefit designations — that lack adequate judicial oversight. Peters will work to ensure that receiving VA benefits never automatically affects a veteran’s right to own firearms.
The Second Amendment is the guarantee of all others. John Peters will go to Washington and defend it without apology.
See John Peters’ full platform →
Frequently Asked Questions
What does the Second Amendment protect?
The Second Amendment protects an individual right to keep and bear arms, independent of service in a militia. The Supreme Court confirmed this in District of Columbia v. Heller (2008), ruling that the Second Amendment protects the right to possess firearms for traditionally lawful purposes such as self-defense in the home. In New York State Rifle & Pistol Association v. Bruen (2022), the Court extended this to include the right to carry firearms in public for self-defense.
Does Florida have constitutional carry?
Yes. Florida enacted constitutional carry (permitless carry) in July 2023. Law-abiding adults who are legally permitted to possess a firearm may carry it concealed without obtaining a government permit. Florida still offers an optional Concealed Weapon License (CWL) for those who want reciprocity when traveling to other states. Certain locations — including schools, courthouses, and polling places — remain prohibited even under constitutional carry.
What is Florida’s Stand Your Ground law?
Florida’s Stand Your Ground law removes the duty to retreat before using force in self-defense when a person has a legal right to be present and is not engaged in unlawful activity. This means law-abiding Floridians who face an imminent threat of serious harm are not required to attempt to flee before defending themselves. The law has been affirmed by Florida courts and provides important protection for lawful self-defense.
What is ATF regulatory overreach?
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has attempted to redefine what constitutes a firearm and a “machine gun” through administrative rulemaking rather than through Congress. Rules on pistol braces, forced reset triggers, and frame and receiver definitions have been challenged in federal courts. Critics argue the ATF is effectively rewriting federal gun law without congressional authorization — a constitutional overreach.
What is a red flag law and what are the concerns?
Red flag laws (Extreme Risk Protection Orders) allow courts to temporarily confiscate firearms from individuals before any criminal finding, based on petitions from family members or law enforcement. The due process concern is that firearms can be seized before the owner has a full opportunity to contest the petition. Supporters argue they prevent violence; opponents argue they reverse the presumption of innocence and can be abused. John Peters opposes any federal red flag legislation that does not include robust due process protections.
The Second Amendment is not negotiable. John Peters will go to Washington and defend it — against regulatory overreach, against incremental restrictions, and against any legislation that treats law-abiding Floridians as suspects. Stand with John Peters and join the campaign.