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Thread: Florida Supreme Court will hear challenge to Florida open carry ban

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    Florida Supreme Court will hear challenge to Florida open carry ban

    http://www.abcactionnews.com/news/op...un-law-debated

    SNIP

    TAMPA - The state law banning gun owners from openly carrying there weapons is heading to court. The Florida Supreme Court is now agreeing to hear a challenge to the ban. At the same time, a Polk County politician is making some progress changing the law in the state legislature.

    . . .

    [Most states already allow the open carry of properly holstered handguns without needing a permit. See map at http://www.opencarry.org/?page_id=103.
    Last edited by Mike; 10-08-2015 at 11:01 AM.

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    Campaign Veteran StogieC's Avatar
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    Docket: http://jweb.flcourts.org/pls/docket/...casenumber=650

    The other thread has turned more into a discussion of the open carry and campus carry bills in the 2016 legislature so, I'll update this thread.


    • Everytown for Gun Seizuresafety has moved to file Amicus in support of the state (after the court denied Mississippi Carry's motion to file Amicus in support of Mr. Norman) - more to follow soon.
    • The Attorney General filed the State's Answer today.

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    Hooray, more public officials who are going to vote on a right !

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    Regular Member rightwinglibertarian's Avatar
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    All this dancing around to do something you're already allowed to do. When will people understand that there can be no valid law contrary to the Constitution. It cannot (legally) be enforced and attempts to do so should result in the citizen using the self defence laws of their state to nullify the threat to their safety and possesions
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Campaign Veteran StogieC's Avatar
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    Quote Originally Posted by rightwinglibertarian View Post
    All this dancing around to do something you're already allowed to do. When will people understand that there can be no valid law contrary to the Constitution. It cannot (legally) be enforced and attempts to do so should result in the citizen using the self defence laws of their state to nullify the threat to their safety and possesions
    Tell that to the guy who is currently serving 60 days in jail for violating Florida's OC ban.

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    Quote Originally Posted by StogieC View Post
    Tell that to the guy who is currently serving 60 days in jail for violating Florida's OC ban.
    But that's what tyrants do, right? You accept it. I denounce it.

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    Regular Member ADulay's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    But that's what tyrants do, right? You accept it. I denounce it.
    You may denounce it. We all do.

    But while temporarily "accepting it" some are working to correct it.

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    Thumbs up Norman files his opposition to Everytown motion to become Amicus

    Meanwhile, today Norman filed a well written opposition to the motion by Everytown for Gun Safety which is seeking to become an Amicus.

    You can read it here.
    Concealed carry is of no use to me, I don't carry a purse.

    Charles Nichols – President of California Right To Carry
    http://CaliforniaRightToCarry.org

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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by StogieC View Post
    Tell that to the guy who is currently serving 60 days in jail for violating Florida's OC ban.
    Why did he allow himself to be assaulted and kidnapped? Florida has self defense laws. I'm pretty sure the threat of being assaulted and kidnapped is more than enough reason to use force

    776.012 Use or threatened use of force in defense of person.—
    (2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
    Clearly resisting an assault and kidnapping could easily result in death so this is justified

    776.032 Immunity from criminal prosecution and civil action for justifiable use or threatened use of force.—
    (1) A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
    An officer violating his oath to the Constitution and following unconstitutional statutes is not performing official duties, he is being a criminal trying to assault, rob and kidnap a citizen
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Quote Originally Posted by rightwinglibertarian View Post
    Why did he allow himself to be assaulted and kidnapped? Florida has self defense laws. I'm pretty sure the threat of being assaulted and kidnapped is more than enough reason to use force

    <snip>
    The use of reasonable force is OK...but I'm an unreasonable man, so I can use any force I assume.

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    Regular Member hammer6's Avatar
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    Quote Originally Posted by rightwinglibertarian View Post
    Why did he allow himself to be assaulted and kidnapped? Florida has self defense laws. I'm pretty sure the threat of being assaulted and kidnapped is more than enough reason to use force



    Clearly resisting an assault and kidnapping could easily result in death so this is justified



    An officer violating his oath to the Constitution and following unconstitutional statutes is not performing official duties, he is being a criminal trying to assault, rob and kidnap a citizen


    yeah, open fire on one of 19 cops surrounding you. let me know how that turns out.

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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by hammer6 View Post
    yeah, open fire on one of 19 cops surrounding you. let me know how that turns out.
    Yes...... there is wisdom in not being rash when one is outnumbered
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Campaign Veteran StogieC's Avatar
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    The case has been fully briefed in the Florida Supreme Court and Oral Arguments will be held on June 8th at 9am.

    http://jweb.flcourts.org/pls/docket/...casenumber=650

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    Founder's Club Member ixtow's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    The use of reasonable force is OK...but I'm an unreasonable man, so I can use any force I assume.
    "The reasonable man adapts himself to the conditions that surround him... The unreasonable man adapts surrounding conditions to himself... All progress depends on the unreasonable man." - George Bernard Shaw
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
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    Tyranny with Manners is still Tyranny.

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    Quote Originally Posted by California Right To Carry View Post
    Meanwhile, today Norman filed a well written opposition to the motion by Everytown for Gun Safety which is seeking to become an Amicus.

    You can read it here.
    Strong words in support of open carry by the NRA. Unfortunately, this court will not listed and take the opportunity to trash the right to bear arms as much as possible.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    Link of NRA in support of recognition of the right to open carry

    https://efactssc-public.flcourts.org...ion_110434.pdf
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    Founder's Club Member ixtow's Avatar
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    Quote Originally Posted by rightwinglibertarian View Post
    Why did he allow himself to be assaulted and kidnapped? Florida has self defense laws. I'm pretty sure the threat of being assaulted and kidnapped is more than enough reason to use force

    Clearly resisting an assault and kidnapping could easily result in death so this is justified

    An officer violating his oath to the Constitution and following unconstitutional statutes is not performing official duties, he is being a criminal trying to assault, rob and kidnap a citizen
    There's this thing called a radio. They use it to call more pigs to come kill you. How many rights do you have as a corpse? Who was helped by you getting dead that way?

    You talk a lot, but you clearly don't believe your own words or you'd be dead already...

    We largely agree with you. But, your way doesn't work, and you know it, or you'd have done it.

    If you're so right and believe in it so much, why don't you haul your happy butt down here, go around OCing until the pigs attack, and then "defend yourself." Hell, I'll give you a ride. Wherever you live, I'll come pick you up and bring you down here. Show us how it's done. On me! I've got a spare bedroom you can sleep in after you win your fight and put us all straight.
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
    http://edhelper.com/poetry/The_Hangm...rice_Ogden.htm

    https://gunthreadadapters.com

    "Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams

    Tyranny with Manners is still Tyranny.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by ixtow View Post
    --snipped--

    You talk a lot, but you clearly don't believe your own words or you'd be dead already...

    We largely agree with you. But, your way doesn't work, and you know it, or you'd have done it.

    If you're so right and believe in it so much, why don't you haul your happy butt down here, go around OCing until the pigs attack, and then "defend yourself." Hell, I'll give you a ride. Wherever you live, I'll come pick you up and bring you down here. Show us how it's done. On me! I've got a spare bedroom you can sleep in after you win your fight and put us all straight.
    A slice, a fragment of a fertile imagination.

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    Quote Originally Posted by Grapeshot View Post
    A slice, a fragment of a fertile imagination. It looks good on paper, but hard to construct a working model.
    No comment on barnyard animals?
    I am responsible for my writing, not your understanding of it.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by rightwinglibertarian View Post
    Why did he allow himself to be assaulted and kidnapped? Florida has self defense laws. I'm pretty sure the threat of being assaulted and kidnapped is more than enough reason to use force

    Clearly resisting an assault and kidnapping could easily result in death so this is justified

    An officer violating his oath to the Constitution and following unconstitutional statutes is not performing official duties, he is being a criminal trying to assault, rob and kidnap a citizen

    Quote Originally Posted by ixtow View Post
    There's this thing called a radio. They use it to call more pigs to come kill you. How many rights do you have as a corpse? Who was helped by you getting dead that way?

    You talk a lot, but you clearly don't believe your own words or you'd be dead already...

    We largely agree with you. But, your way doesn't work, and you know it, or you'd have done it.

    If you're so right and believe in it so much, why don't you haul your happy butt down here, go around OCing until the pigs attack, and then "defend yourself." Hell, I'll give you a ride. Wherever you live, I'll come pick you up and bring you down here. Show us how it's done. On me! I've got a spare bedroom you can sleep in after you win your fight and put us all straight.
    +1,000

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    Regular Member solus's Avatar
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    perhaps right-what- ever's thinking is what got him banned from the forum...

    not sure the individual will be responding to your offers or commentaries as his former self...perhaps as a poltergeist?

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by solus View Post
    perhaps right-what- ever's thinking is what got him banned from the forum...

    not sure the individual will be responding to your offers or commentaries as his former self...perhaps as a poltergeist?

    ipse
    Or maybe like mcbeth, "banned" repeatedly, he'll reappear again!

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    Regular Member 1245A Defender's Avatar
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    Well,,,

    Quote Originally Posted by solus View Post
    perhaps right-what- ever's thinking is what got him banned from the forum...

    not sure the individual will be responding to your offers or commentaries as his former self...perhaps as a poltergeist?

    ipse
    Quote Originally Posted by BB62 View Post
    Or maybe like mcbeth, "banned" repeatedly, he'll reappear again!

    BTW,,, rightwing whatever has been,, Un banned!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

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    Regular Member solus's Avatar
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    Quote Originally Posted by BB62 View Post
    Or maybe like mcbeth, "banned" repeatedly, he'll reappear again!
    shall we hold you personally responsible for this...lol

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

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    Regular Member 1245A Defender's Avatar
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    Well,,,

    Quote Originally Posted by solus View Post
    shall we hold you personally responsible for this...lol

    ipse
    I dont make the news,,,
    I just reported it.

    Seems to be par for the course with grape,,,
    You need to be Really bad to get a permanent ban!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

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