smoking357
Banned
imported post
I'm a lawyer living in Florida but a member of the bar of another state. Florida has better weather than that other place. As far as Florida is concerned, I'm not a lawyer. Yippee! I can speak my mind here and discuss issues like a normal human being.
As I think about Florida's lack of open carry, grounds for a suit occur to me.
Florida's Constitution reads:
"(a)The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law." Art. 1 Sec. 8.
In Florida, one can bear arms after a CCW permit is obtained. That's fine as far as it goes. A permit reflects a superior application of rights and heightened qualifications on the part of the applicant. I analogize it to free speech. One can stand on a milk crate and speak on topics of the day for free, but one needs a permit to run a television station.
As a tv station is to free speech, a permit is to bearing arms. But here is the troubling matter. With speech, one gets to stand on the milk crate on the corner and expound without a permit or a fee. This is the basic application of the right. What, however, is the basic aplication of bearing arms? What is the non-permit, basic, ability to bear arms we have as a matter of right and recognized in our Constitution?
If there is no bearing of arms but for a permit, then there is no right, as a right is an action one can take, at will, without application to any other person. If the only bearing of arms comes with a permit, then one doesn't have a right.
I plan to ask the court what is the non-permit, basic, ability to bear arms? What is that basic bearing of arms guaranteed by the State Constitution? What is my milk-crate-on-a-corner right to bear arms?
I'm envisioning a suit in state court brought on Florida's Constitution. As a pro se plaintiff, I'm qualified to draft my own pleadings, and not being a lawyer under Florida law, I can actually speak the truth, for a change.
If anyone has a dispositive cite on point, please post it. Apologies if this has been previously discussed.
I'm a lawyer living in Florida but a member of the bar of another state. Florida has better weather than that other place. As far as Florida is concerned, I'm not a lawyer. Yippee! I can speak my mind here and discuss issues like a normal human being.
As I think about Florida's lack of open carry, grounds for a suit occur to me.
Florida's Constitution reads:
"(a)The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law." Art. 1 Sec. 8.
In Florida, one can bear arms after a CCW permit is obtained. That's fine as far as it goes. A permit reflects a superior application of rights and heightened qualifications on the part of the applicant. I analogize it to free speech. One can stand on a milk crate and speak on topics of the day for free, but one needs a permit to run a television station.
As a tv station is to free speech, a permit is to bearing arms. But here is the troubling matter. With speech, one gets to stand on the milk crate on the corner and expound without a permit or a fee. This is the basic application of the right. What, however, is the basic aplication of bearing arms? What is the non-permit, basic, ability to bear arms we have as a matter of right and recognized in our Constitution?
If there is no bearing of arms but for a permit, then there is no right, as a right is an action one can take, at will, without application to any other person. If the only bearing of arms comes with a permit, then one doesn't have a right.
I plan to ask the court what is the non-permit, basic, ability to bear arms? What is that basic bearing of arms guaranteed by the State Constitution? What is my milk-crate-on-a-corner right to bear arms?
I'm envisioning a suit in state court brought on Florida's Constitution. As a pro se plaintiff, I'm qualified to draft my own pleadings, and not being a lawyer under Florida law, I can actually speak the truth, for a change.
If anyone has a dispositive cite on point, please post it. Apologies if this has been previously discussed.
A person possessing arms at his or her home or place of business; 