Thinking About Suing Florida Over Open Carry

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What is interesting is that only the 'manner' of bearing may be regulated, not 'when' , 'whether'or 'if' a citizen can carry.

So a simple reading of the FL Constitution would be that the State can tell you 'how' (i.e. 'open' or 'concealed') to carry but not 'when', 'where' or 'if' since none of these restrictions fall underthe 'manner' of exercising that right.

In my opinion, forcing Citizens to get a permit (absent permit-less OC as an alternative) is unconstitutional. The gun-free zones also have no justification under the 'manner' exception either. Sames goes for the fees, background checks, mandatory training (whether a good idea or not), etc. The state could easily provide free voluntary training as an alternative.

Just my .02!

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Smoking 357, I wish you all the best. I've been CCWing for 20 years in this state and would love to quit worrying about concealing my pistol.

Keep us up to date on your progress.

John

Viera

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Maybe I am being ultra simplistic here, but if you look carefully at the reading of our Second Amendment (US Constitution of course) the forefathers make no mention of bearing arms openly, concealed, or otherwise. We basically have the right to Bear Arms - period in any manner to which we desire. I don't see how states, counties, townships, cities, or any other grand dutchies have the right toslap together restrictions of any sort which are directly inconflict with the Constitution.

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In another thread (http://opencarry.mywowbb.com/forum17/20492.html), I brought up that OCing with an'antique firearm' in Florida still appears to be legal (layman's reading of the relevant statutes).

Might make for an easier test case which could lay some goodgroundwork towarda subsequent legal challenge.

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targettek wrote:

Maybe I am being ultra simplistic here, but if you look carefully at the reading of our Second Amendment (US Constitution of course) the forefathers make no mention of bearing arms openly, concealed, or otherwise. We basically have the right to Bear Arms - period in any manner to which we desire. I don't see how states, counties, townships, cities, or any other grand dutchies have the right toslap together restrictions of any sort which are directly inconflict with the Constitution.

Click to expand...

That's because we can read and we have common sense.

Politicians hate that. They like to pretend we don't know how to read, and that common sense is the opposite of common sense. Gets in the way of their power grabs otherwise...