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Florida Carry legal victory makes way for constitutional challenge to Open Carry Ban

notalawyer

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Jun 19, 2012
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The original trial court Judge was given 30 days to submit a written version of the judgment and sentence. After that, the court of appeals could take a day or a year to issue a ruling. It's anyone's guess. After that, we'll see if it goes to the Florida Supreme Court or not. It may take 60 days or 60 months at this point before it is all over.


Which he missed by three days. Hopefully he will be held in contempt of court.:uhoh:

OOPS! Never mind, got the dates backward!
 
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StogieC

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Florida Carry legal victory makes way for constitutional challenge to Open Ca...

The Attorney General's office has filed a new motion to dismiss the case from the court of appeal by once again claiming that the DCA should not have jurisdiction due to a rule of procedure that only allows the state, not a criminal case defendant, to appeal certified questions that are contained in orders other than the final judgement and sentence.

This appears to be another attempt by the Attorney General to derail the case based on hyper technicalities rather than let the appellate court rule on the constitutionality of the open carry ban law.
 
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StogieC

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If you are not already a member of Florida Carry, please at least go to our website and get on our email alert list. How we proceed depends on the response we get form Pam Bondi's office tomorrow.
 

77zach

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When I consider each side and reread everything, it seems to me that if the court has more honest members than average ( I don't know anything about any of them), they'd be forced to legalize open carry. I cannot believe they want to be responsible for that (high ranking judges are averse to rights). I wonder if someone close to the case told Bondi's office to do this so they can get off the hook. Why else would she try the same thing again?
 

StogieC

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Florida Assistant Attorney Generals and Local State Prosecutors are out of control in fighting against the Second Amendment.
Once again the anti-gun elements in the Florida Attorney General's office are attempting to scuttle the appeal in the case of Norman v. State. The Norman case is the only viable case in the country arguing for recognition of the constitutional right to open carry.

Since the appeal was first brought, the West Palm Beach Office of the Attorney General has repeatedly attempted to derail the case based on procedural arguments that the lower court did not properly certify its questions of great public importance. The AG's office even appealed the case to the Florida Supreme Court in an attempt to keep the Fourth District Court of Appeals from hearing the case. They want the case heard by a Circuit Court where a recognition of the right to carry will not have state-wide effect and will be decided by only one local judge.

A request was sent to the Assistant Attorney General in Palm Beach asking them to consent to the lower Court amending its judgement to include the certified question in the order of Judgement and Sentence to correct the AG's claimed procedural defect that may exist.

Their response: We (the Attorney General's Office) will take"no position"...

If the AG's office wanted to take a pro-Second Amendment position and was truly trying to correct an alleged procedural error by the lower court it, would have consented. Instead, they punted.

To quote George Carlin, "It's all BS, and it's bad for you."

No credible organization could question the pro-gun record of Florida Attorney General Pamela Bondi who has signed on to support many important federal amicus briefs to the U.S. Supreme Court that were filed by other state's AGs, but her own office is apparently in need some deep house cleaning.

The ruling and intent of the lower court is clear, that this case be reviewed by a panel of appellate court judges as a matter of great public importance that impacts thousands of law enforcement officers and millions of gun owners.

The Attorney General needs to get her anti-gun and anti-self-defense underlings in line if she wants the support of gun owners in the coming election.

Florida concealed carry licensees and others who lawfully possess firearms are being arrested and prosecuted at an alarming rate. The problem is not only with the Attorney General's office.

In two cases that we are involved with, State Attorney Angela Corey's office is wrongfully prosecuting lawful gun owners.

In the first case, a man was arrested on his own front porch for having a handgun in a closed bag... While finishing moving. Corey's office claims that it was no longer his home, since he was moving, and is prosecuting him for a felony.

In the second, a CWFL licensee has been sentenced to 60 days in jail for an open carry ban violation after his shirt rode up over his holster in a store exposing his firearm.

It is time to contact Attorney General Bondi's office and politely let her know we trust and support her, but she needs to show her commitment to the Second Amendment by cleaning up the anti-gun elements in her office, including the West Palm office.

For Angela Corey's part. It's time for her to find a new job.
 
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77zach

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So far Bondi has signed onto "safe" 2nd amendment cases so she can be a pro gun candidate for higher office. Open carry is really the standard litmus test for a true believer. I wouldn't think the dca wants to decide this case so I guess they'll punt. Agree?
 

StogieC

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Joined
Nov 22, 2009
Messages
745
Location
Florida
So far Bondi has signed onto "safe" 2nd amendment cases so she can be a pro gun candidate for higher office. Open carry is really the standard litmus test for a true believer. I wouldn't think the dca wants to decide this case so I guess they'll punt. Agree?

Taking jurisdiction in the case was always discretionary for the DCA. They want to hear it.
 

77zach

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Marion County, FL
So what are we waiting on now?


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I think for the 4th DCA to rule or send it back and grant the state's motion to dismiss. If they rule on it and legalize open carry, the state will appeal to the state supreme court which will grant a stay of voiding the law; you will not be able to open carry during this period. The Fl SC will then rule the ban constitutional because of anti rights bias. This kourt is so corrupt, it actually got rid of Mens Rea in Fl vs Atkins. Some think this makes our case for OC stronger, but I think it just means these judges are villains who cannot be trusted.

If the 4th DCA upholds the OC ban (anti rights bias), then Fl Carry will appeal to the FL SC which may or may not hear it. Either way I'm afraid we'll be waiting a really long time.
 
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