OC4me
Regular Member
imported post
brboyer wrote:
brboyer wrote:
You are correct, a challenge would be unlikely to strike down the entire licensing act, but the point is that the licensing requirements can be attacked (without being arrested first)one piece at at time. Strike down the pay-fee-then-exercise-right requirement and we have a powerful precedant to further challenge different portions of Florida's carry license.OC4me wrote:That would only give you standing to challenge the fee, not the licensing requirement itself, nor 790.01.Wait until the McDonald decision is handed down in June.
To get 'standing' to sue over the license requirement (without actually getting arrested), one merely has to send in a completed concealed weapons application package without payment. When you get a denial back due to lack of the fee being included...you then have legal standing to sue and challenge the licensing requirement (at least the imposition of the fee itself being an unconstitutional infringement of your right to bear arms).
This is the far better way to get the requisite legal'standing' to challenge the law.
Dick Heller was successuful in getting standing to sue the District of Columbia in this way. He applied and was denied...thus giving him standing. No need to get arrested first!