Florida open carry ban appealed to Supreme Court

A challenge to the Florida law preventing the carry of firearms openly was filed with the nation’s high court this week.

The case comes as an appeal of a 2012 second-degree misdemeanor conviction of Dale Lee Norman, 26, who was found guilty by a succession of lower courts for Open Carrying of a Weapon outside of his home when his shirt did not cover the handgun for which he had a concealed carry permit.

The 49-page petition argues Florida’s ban is unconstitutional as concealed carry in the state is a licensed privilege, and does meet the right to keep and bear arms protected under the Second Amendment.

“At issue in this case is whether that guarantee protects the right to carry firearms in public for self-defense,” the petition says. “Neither party disputes that the issue is one of national importance or that the courts of appeals have already weighed in extensively.”

The state is one of only five that ban almost all open carry, with limited exceptions while hunting or fishing. The Florida Supreme Court weighed in on Norman’s case and held 4-2 earlier this year that the prohibition does not infringe on the Second Amendment as it only regulates only one manner of bearing arms — leaving open to Floridians who want to carry outside of their property the prospect of obtaining a concealed carry permit.

Second-degree misdemeanors in Florida, which Norman was appealing, are punishable by up to 60 days in jail and a fine of up to $500. Represented by the gun rights group Florida Carry, Norman lost an appeal of his case in 2015 with a lower court citing the that in Florida, with a population of some 19 million has over 1.5 million concealed handgun licenses active through its shall-issue permitting scheme, obtaining a permit to carry is a straightforward process.

 

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source: http://www.guns.com/2017/07/11/florida-open-carry-ban-appealed-to-u-s-supreme-court/

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  • critterman

    what part of shall not be infringed dont they get ….regulating is infringing

    • Nys Recall Bill

      Indeed.
      WE, as the people, Have inviolate natural God-given rights, none of which can be infringed except in certain cases like a mental illness that carries with it a confirmed and verifiable lethal threat to society so of course we should not be able to possess any potentially lethal weapon when it is known that a murder will take place.

      • James Killian

        The sarcasm becomes you.
        I see we agree.

    • kassa1

      The communist a.k.a. Party only uses the constitution when they can twist and pervert the words to promote their evil agenda. You know kind of like Bill Clinton saying define what is means! The left is demonically evil and they do will do anything to get us disarmed and if you think your brown shirts or bad now that being the anarchist on the streets who’s beating up on conservatives, you ain’t seen nothing until they disarm you. I think it’s time for groups to let them attack and start beating their skulls in the ground. If the conservatives won’t defend us defending ourselves then I guess we have to take care of business of your own if this country is to survive and as a free country. We didn’t start it the left did.

  • Knowledge Transfer

    How many times does this nonsense have to be regurgitated. Was the Constitution written in English or in Giberish?

  • Mynickelsworth

    Does the Supreme Court REALLY believe that the founders did not carry openly, in fact, it was almost necessary their weapons.
    I disagree with their decision although I would not, and do not recommend, carrying openly in most cases. If you are present and someone decides to Rob the place or get rid of someone, I suspect he will get rid of the armed man first before attempting the other.
    Say, you go into a minimarket at 11 at night to get a bottle of milk and are carrying openly. And there is a man in the store waiting for the crowd to slim down to rob the place. Will he proceed with the robbery knowing that you are in the store openly carrying a sidearm? I suspect he might shoot the armed guy and then do the robbery.

  • Batbear

    Gentlemen…and ladies too:
    Liberals (a short-hand code word for “Enemies of order, culture law, civilization and mankind in general) do not care what the U.S. Constitution says. Or what the Bible says. Or what our laws say. They don’t care to be bound by logic, faith, reason, or any moral code which does not coincide with their feelings.

    So vent here if you need to. I mean, sometimes–if nothing else–a man has to at least groan. But let’s stop hoping that we can persuade Liberals to be reasonable about anything. Instead, aim your discourse at those people who read these posts and who are under-informed, wavering, or who could lean in either direction…at people who could swing toward becoming very pro-America or the other way: Democrat.

    Perhaps be a little bit less provocative and maybe a little kinder and gentler. Otherwise, readers may mistake you for an micro-cephalic imbecile (Short-hand for “Democrat.”). See? How nice that was?

  • Procius

    I don’t believe there is a whole lot in the Constitution that requires a whole group of high priced self important so called super smart (supreme court) judges to interpret as to what it says is our God given rights. I find the majority of the Constitution to be written in pretty straight forward, self explanatory plain English that the average educated American citizen should be able to understand without having to have it interpreted for them by a group that is supposed to be completely non biased, but whose opinions are always controlled by their political leanings. I challenge you to come up with a court decision that was totally non partisan.

  • Procius

    Now that being said, I address the topic at hand. Open carry is not something I would personally do as I choose to not be the first target to be eliminated in a bad situation. But, to each his own. Any and all carry should be entirely the choice of the citizen and not the government as per the 2nd Amendment which does not require you to get permission (license, permit) from any government official, Federal, State, or local, to own or carry a firearm, in whatever manner you choose. Common sense excepting the criminal loss of rights & the loss of a sound state of mind. The Constitutions 2nd Amendment states that is is a right that ‘shall not’ be infringed. It doesn’t say it might not, or should not, it says it shall not, and that word carries the weight of law. It does not need to be interpreted by any court il the land, it is in the plainest of English and clearly understood by anyone that understands the English language