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

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
Just means that our lawyer is going on vacation. Not every destination has interwebz or phone towers.


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ixtow

Founder's Club Member
Joined
Nov 25, 2006
Messages
5,038
Location
Suwannee County, FL
Are the neocons in the Fl Senate that much more anti-gun than in Ar, Tx, and Sc?

As long as Dean is alive, even if he retires, he'll still be threatening junior seantors with the deaths of their families if they don't do as he tells them. He is a deeply evil man. If Satan popped a zit, Dean is what would come out. There were 4 Republicans who stood against OC last time for which it is clearly not their normal course to do so... Figure out who they are and you know who Dean was threatening to kill. Spot patterns. See the thing that doesn't fit... Dean is ALWAYS the shadow behind it.

Arkansas is now a gold star state and the issue keeps coming up in TX and SC, even though it gets shot down. After the SB 234 cluster in 2011, Mr Evers said he'd try again.

I'd like to see someone else raise their hand. Nothing against Evers, I just don't like to see him stand alone. Why should it be the same guy over and over again? Who are these other so-called conservative champions of the people they aren't representing?

One vote is all we needed last time, and it was Bogdasuck. Eliminated by a Democrat in a landslide for stabbing her constituency in the back. So, essentially, that seat hasn't changed hands, it's just correctly identified now. This is a cause-and-effect that must not be swept under the rug, but these trash must be reminded of it instead.

Dean is still there, he'll never budge on his america-hating agenda. So that's the same.

What we need is for someone else to be pivotal. If just one vote swayed, these degenerate few enemies of the people would be irrelevant. It would be a great thing for Democrats to go bi-partisan on... They would get the word out against their own anti-gun nutters that this doesn't "loosed" any gun laws in Florida. License still needed, same people carrying as always, only difference is no you can see the guns so they're actually useful in making the world a better place. We can scream it from the roof tops and no air time in the news will ever be had to reach the LIVs. But when a Democrat does it, everyone hears it for weeks at no charge... Democrats are in the perfect postition to show themselves as different to try to save their asses on a topic that is no hard at all to talk rationally about. The mass media power they get for free is way better than anything a non democrat could buy with all the money in the world. Even thought it would fall on laregely deaf ears, a few democrats do learn and stop towing the BS party line. We know the Neo Cons aren't going to budge. Maybe they need to get beaten by some more Democrats? Neo Cons and RINOs need to lose until they learn. We should consider the enemy of our enemy as a potential ally and agree that the Kourts are a good way to look busy, but it's not going to go anywhere. Waaaaayyyyy too much corruption in the Judicial branch in Floriduh. No way that's going to work.

Dammit, I hate that I know how to think like this... I've been in it too damn long. I disgust myself.

Last time around there weren't aremed revolts against the Feds in Nevada... Thigns have reached a fever pitch and OC Gun Rights Activism have exploded by orders of magnitude since the last time Floriduh pushed for OC... I won't say We. I'm not party to it and I won't get involved anymore.
 
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ADulay

Regular Member
Joined
Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
. We can scream it from the roof tops and no air time in the news will ever be had to reach the LIVs. But when a Democrat does it, everyone hears it for weeks at no charge... Democrats are in the perfect postition to show themselves as different to try to save their asses on a topic that is no hard at all to talk rationally about. The mass media power they get for free is way better than anything a non democrat could buy with all the money in the world.

Yep, that pretty much sums up the media nicely. Now we just need to find a Democrat who will "do the right thing" in Florida.

AD


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77zach

Regular Member
Joined
Feb 5, 2007
Messages
2,913
Location
Marion County, FL
http://199.242.69.70/pls/ds/ds_docket?p_caseyear=2012&p_casenumber=3525&psCourt=4&psSearchType=

"ORDERED sua sponte, Eric J. Friday, Esquire's Notice of Unavailability filed April 15, 2014, is hereby stricken as unauthorized"

I guess you're not allowed to tell them you'll be away.

Does anyone know which judges were assigned the case? I feel badly for the ones who have to write it. I'm thinking they'll just say the same thing the state said with a slightly different vocabulary.
 

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
Yep. Some courts want those notices, some don't. The 4th DCA don't.


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77zach

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Feb 5, 2007
Messages
2,913
Location
Marion County, FL
5/13: Jurisdiction Relinquished

ORDERED sua sponte that jurisdiction is hereby relinquished to the trial court for the purpose of rendering a written judgment and sentence in accordance with its oral pronouncement of August 14, 2012; further ORDERED that the trial court shall file with this court said written judgment and sentence within thirty (30) days from the date of this order.

http://199.242.69.70/pls/ds/ds_docket?p_caseyear=2012&p_casenumber=3525&psCourt=4&psSearchType=

Don't know what this means. Not sure why they care, I thought he was sentenced to pay some fine? I thought they either wouldn't read the briefs at all or just rule in favor of the state after shuffling through them for a few minutes. The wheels of injustice turn slow!
 
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StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
ORDERED sua sponte that jurisdiction is hereby relinquished to the trial court for the purpose of rendering a written judgment and sentence in accordance with its oral pronouncement of August 14, 2012; further ORDERED that the trial court shall file with this court said written judgment and sentence within thirty (30) days from the date of this order.

http://199.242.69.70/pls/ds/ds_docket?p_caseyear=2012&p_casenumber=3525&psCourt=4&psSearchType=

Don't know what this means. Not sure why they care, I thought he was sentenced to pay some fine? I thought they either wouldn't read the briefs at all and just rule in favor of the state after shuffling through them for a few minutes. The wheels of injustice turn slow!

This is to give the DCA written findings of the lower court to rule on rather than just the transcript of the lower court's oral ruling. This is a good thing.
 

77zach

Regular Member
Joined
Feb 5, 2007
Messages
2,913
Location
Marion County, FL
This is to give the DCA written findings of the lower court to rule on rather than just the transcript of the lower court's oral ruling. This is a good thing.

Cool, I'd love to be wrong. It's so hot outside my holster is soaking wet with sweat! Not to mention the grip of my gun pokes my gut when I sit down. Concealed carry in summer time is for the birds.
 
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StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
I got the lower court orders backward. The written order was on the constitutionality but the judgement and sentence was only oral. This is most likely part of the 4th DCA's review on the "as applied" standard. It doesn't signal much of anything other than that the DCA is working on it.
 

michigan0626

Regular Member
Joined
Feb 24, 2011
Messages
51
Location
Central Florida
I got the lower court orders backward. The written order was on the constitutionality but the judgement and sentence was only oral. This is most likely part of the 4th DCA's review on the "as applied" standard. It doesn't signal much of anything other than that the DCA is working on it.

I don't quite understand. So what is the process going forward? Are there any deadlines or is it open ended time wise?
 

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
Florida Carry legal victory makes way for constitutional challenge to Open Ca...

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.
 
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77zach

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Joined
Feb 5, 2007
Messages
2,913
Location
Marion County, FL
To me the only thing more unbelievable than the appeals court giving us OC would be the Fl supreme court doing so. In the event of an honest ruling by the 4th DCA the attorney general will ask them or the supreme court for an injunction, which will be granted. The case will then be ruled in the state's favor by the supreme court many years from now. I think some good will come of it, at least if the legislature is no more anti gun than it presently is. We'll have a binding decision that there is absolutely no right to bear arms in Florida. Perhaps then we can get the law or even the Constitution to say that regulating the "manner" of bearing arms doesn't mean banning a peaceable means of carry.
 
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StogieC

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Joined
Nov 22, 2009
Messages
745
Location
Florida
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.

Here's the lower court written Judgement and Sentence. https://www.floridacarry.org/images/stories/norman/NormanJudgement.pdf
 
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