Think that much hinges on this case, but a final decision will be a long time coming.
This is THE open carry case for FL. The precedent it sets will be critical going forward nationwide.
Think that much hinges on this case, but a final decision will be a long time coming.
The Judge will issue his order on Aug 14th. I testified in this case (extensively) and can not comment further at this time.
Thank you for understanding.
Regardless of outcome, the case will be appealed by either side. Florida Carry will support Mr. Norman's case and substantially provide for his appellate work.
Please support our work on this case.
The Judge will issue his order on Aug 14th. I testified in this case (extensively) and can not comment further at this time.
Thank you for understanding.
Regardless of outcome, the case will be appealed by either side. Florida Carry will support Mr. Norman's case and substantially provide for his appellate work.
Please support our work on this case.
II. FLORIDA STATUTE 790.053 IS OVERBRAOD IN THAT IT CRIMINALIZES BEHAVIOR THAT IS CONSTITUTIONALLY PROTECTED
overboard**
or
over broad
There are many mistakes.
Motion two will be denied. It's objectively air tight, but the judge will continue the tradition of failing to recognize a difference between a right and a privilege. He'll essentially claim they mean the same thing and that our "right" is established in the licensing scheme for concealed carry. The "right" is just "tailored" a little to ensure "public safety".
Motion one will be more difficult for the courts to get out of. Without a definition of "briefly", they're going to have to get more creative. Eloquent bullshiit takes time to write up. The final denial could be years away, I think.... Hopefully, there will be a legislative solution in the meantime.
Then he'd be ignoring established case law.
Then he'd be ignoring established case law. There are two cases I can think of in which the court specifically stated that licensed concealed carry is a privilege and not a right.
Donation sent StogieC!Keep up the good work!The Judge will issue his order on Aug 14th. I testified in this case (extensively) and can not comment further at this time.Thank you for understanding.Regardless of outcome, the case will be appealed by either side. Florida Carry will support Mr. Norman's case and substantially provide for his appellate work.Please support our work on this case.
This is THE open carry case for FL. The precedent it sets will be critical going forward nationwide.
Could this be the potential catalyst for a possible SCOTUS case making any regulation of open carry unconstitutional, whether from Florida or branched out to a different state. I just worry for the time being about when Florida can get open carry back. However, if this could get appealed all the way to SCOTUS, and they rule that the 2A allows for open carry nationwide with zero ability of states to regulate it, that would be the single greatest victory for 2A since the 2A was written. How many years and millions of dollars would it take for this possibly play out?
Not until the afternoon court session. Sometime after 1:30pm today. Florida Carry will have a press release afterward. Make sure you are on the mailing list. http://www.floridacarry.org/emaillist
All motions to dismiss denied without written order. The denial was based on the courts findings that the statute is facially overbroad and is facially vague, but not necessarily as applied in this case. (The court errors by reversing the standard here.)
The judge also did not fully consider the Second Amendment question and denied it because that question "is for someone above the level of this court".
The prosecution them stipulated to a withhold of adjudication and a fine. (Possibly trying to dissuade us from appealing.)
The written order is pending. We are asking the judge to certify the constitutional questions directly to the District Court of Appeals as matters of great public importance.
Florida Carry is providing for the continued defense of Dale Norman and seeks to clarify what the right to bear arms is in Florida.
Florida courts have clearly acknowledged that the carrying of a concealed firearm in Florida is a privilege not a right.
The Florida 3rd District Court of Appeals found that: “[R]etroactive application of section 790.06(2)(k), Florida Statutes, is not unconstitutional because a license to carry a concealed weapon or firearm is a privilege and not a vested right. See Mayo v. Market Fruit Co. of Sanford, 40 So.2d 555 (Fla. 1949).” Crane v. Department of State, 547 So. 2d 266 (Fla. 1989).
The “privilege of a license to carry a concealed weapon or firearm”recognized In Crane cannot replace, or substitute for, the fundamental right guaranteed by the Second Amendment or Article I Section 8 of the Florida Constitution.
Florida’s open carry ban is precisely the scenario that the Alabama Supreme Court warned against and the United States Supreme Court used as its justification for overturning the DC handgun ban.
“But the court say that it is a matter which will not admit of legislative regulation, and in order to test the correctness of its opinion, supposes one Legislature to prohibit the bearing arms secretly, and a subsequent Legislature to enact a law against bearing them openly; and then asks the question, whether the first, or last enactment would be unconstitutional. Under the provision of our constitution, we incline to the opinion that the Legislature cannot inhibit the citizen from bearing arms openly, because it authorizes him to bear them for the purposes of defending himself and the State, and it is only when carried openly, that they can be efficiently used for defence.” State v. Reid, 1 Ala. 612, 616-617 (1840).
It would be nonsensical for the United States Supreme Court to have found such persuasive support for its Heller and McDonald positions in Nunn v. State, Andrews v. State, State v. Reid, and State v. Chandler yet still reject the result of all of these cases that bans on open carry are unconstitutional.