• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Florida County Court Judge off target on the right to bear arms.

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
Florida County Court Judge off target on the right to bear arms.

FOR IMMEDIATE RELEASE, Aug 14th 2012

Ft. Pierce, FL - Today, St. Lucie County Judge Cliff Barnes denied all constitutional arguments to dismiss the case against Dale Norman, without written order.

State v. Norman is the case of a law abiding concealed carry licensee who was arrested and prosecuted in Fort Pierce, FL for violating Florida nearly complete ban on Open Carry after his otherwise lawfully carried handgun unknowingly became unconcealed while walking.

The denials were based, in part, on the courts findings that the statute is facially overbroad and is facially vague, but was not necessarily improper “as applied” in this case. This turns the standard of statutory review on its head by applying it in reverse.

The judge also did not fully consider the Second Amendment or FL Art.1 Sec. 8 question; denying it because the question of the right to bear arms "is for someone above the level of this court."

The prosecution, having already been notified of our intent to appeal, took the unusual tactic of stipulating to the court that withholding adjudication and just imposing a fine would suit the State’s interest after the Judge explained his grounds for dismissal of the constitutional challenges.

The Second Amendment question is fairly straightforward; Florida courts have clearly acknowledged that the carrying of a concealed firearm is a privilege subject to even being banned completely, not a right protected by the constitution. Florida appellate courts have found that the “Retroactive application of (new Florida Statutes), is not unconstitutional because "a license to carry a concealed weapon or firearm is a privilege and not a vested right.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 U.S. and Florida Constitutions. Florida courts have long held that there is a right to bear arms outside of the home.

The written order for Dale Norman's case is pending. We are asking the judge to certify the constitutional questions directly to the Florida 4th 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. Please help us win this fight for your RIGHT to Bear Arms by Joining or Donating.

We cannot continue our work statewide without your support,
Please Join Florida Carry or Donate today!
 
Last edited:

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
It's not as much as I'd like it to be, but funds were sent.

This :banghead::cuss::banghead::cuss: is beyond BS - the precise term eludes me at the moment but possibly when my blood pressure gets down closer to normal I will recall it.

stay safe.
 

ixtow

Founder's Club Member
Joined
Nov 25, 2006
Messages
5,038
Location
Suwannee County, FL
So, you're posing the same argument that I have for over 15 years. And, getting the same result...

But this time, the Forum agrees with you, and not The State.

What legal weight does the Forum carry? And what made these facts different today than they were 5, 10, 15 years ago? What makes the cause deserving of support today, but only slander 3 years ago?

It all comes down to The People. If they don't want or care for their Rights, the minority that knows better is cannon fodder... This is what you get with a Republic that forgets it is a Republic. Mob rule...

Good luck...

COMMENTS REMOVED BY ADMINISTRATOR: Not appropriate
 
Last edited by a moderator:

77zach

Regular Member
Joined
Feb 5, 2007
Messages
2,913
Location
Marion County, FL
We're not actually surprised, are we? Now I'm glad you're appealing in order to expose the state's crimes, but does Dale know he's going to end up in jail over this? I hope you're being honest with him: the chance of any court giving Fl OC is about zero.
 

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
We're not actually surprised, are we? Now I'm glad you're appealing in order to expose the state's crimes, but does Dale know he's going to end up in jail over this? I hope you're being honest with him: the chance of any court giving Fl OC is about zero.

Jail is off the table, he can not get a worse result than his current sentence by appealing.
 

ixtow

Founder's Club Member
Joined
Nov 25, 2006
Messages
5,038
Location
Suwannee County, FL
COMMENTS REMOVED BY ADMINISTRATOR: Not appropriate

Truth is Treason in the Empire of Lies. when the Moderator and Founders of the website are in on it, exactly how much progress do you think will be made?

Getting it wrong on purpose. Just like the NRA. The enemies who pretend to be your friends...
 

hammer6

Regular Member
Joined
Oct 11, 2008
Messages
1,461
Location
Florida
Truth is Treason in the Empire of Lies. when the Moderator and Founders of the website are in on it, exactly how much progress do you think will be made?

Getting it wrong on purpose. Just like the NRA. The enemies who pretend to be your friends...

what did it say? i can't remember
 
Top