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

FzSBLACKMAGICK

Campaign Veteran
Joined
Mar 8, 2008
Messages
238
Location
Palm Bay, Florida, USA
Bill Wohlsifer

Forgive me if this has been discussed but I did several searches for his name in this forum and nothing came up. There's a man (Bill Wohlsifer) running for State AG under the Libertarian party. I'm a registered Republican and his name appeared as one of the choices on my absentee ballot for state AG.

So I looked him up - https://wohlsifer4ag.com/on-the-issues/gun-control/

I remember someone in this forum saying they were going to run for something a long time ago. I mention that because he seems extremely familiar with our main focus...

On the issue of guns he says...

"The 2nd Amendment to the US Constitution and Article 1, Section 8, of the Florida Constitution enumerate that the inalienable right of the people to keep and bear arms shall not be infringed. However, the right to defend oneself in our state has been significantly eroded. The people’s right to bear arms in defense of themselves is not a privilege; it is a right, whereas concealed carry in Florida is a privilege, subject to regulation.While recognizing the evolution and mandate of present law, Bill is of the opinion that concealed carry law in Florida, particularly sections 790.06, 790.25 and 790.053, Florida Statutes, is vague and ambiguous. It defies logic that the mere brief or accidental exposure of an otherwise lawful carry subjects a peaceful armed citizen to arrest. Also, Florida’s concealed carry statute treats similarly situated citizens disparately, depending on how they may fall into a particular statutory exception at a given time and place. An example of this is well stated in Appellant’s Initial Brief On The Merits, now pending in Norman v. State of Florida, Case No. 4D12-3535 (Fla. 4th DCA April 22, 2013).
Two people, each with a backpack, riding the same city bus or walking down the same city street, may or may not be able to open carry. If one of them is going to be camping, then it is perfectly lawful for him to open carry. If on the other hand the second person is merely going for a day hike on the same trail, he may not open carry. The same is true of someone traveling to a friend’s house. If they are going there to shoot at the friend’s private gun range, open carry is lawful without any license, but if they are just going to visit their friend, they must have a CWFL and conceal the firearm at all times. See Sec. 790.25, Fla. Stat. The absurd dichotomies are endless.
Id. at 44.

Across the nation, states with concealed carry laws have lower crime rates than those that do not. In such states a rapist, murderer, or burglar tend to assume that his or her intended victim is armed. Citizens want to go about their business without becoming victims of crime. Carrying a firearm is one of the practices that will assist in that pursuit. Peaceful citizens have no desire to shoot or harm anyone, but the criminal is deterred by the presence of equal or greater force.
Although the federal and state constitutions clearly protect the right to bear arms, both the Florida and U.S. Supreme Courts have consistently upheld the notion that the legislature retains discretion to enact law regulating the way in which guns may be carried. Indeed, the fundamental right to bear arms is not unlimited. Reasonable men and women can and do differ as to the point where “regulation” crosses the line into “infringement.” Although Bill supports reasonable regulation, he is of the opinion that current Florida open carry restrictions have crossed that line.
As Attorney General, Bill would seek the governor’s approval to work within the courts to uphold 2nd Amendment protections and to harmonize the law toward allowing open carry under substantially similar regulations that currently apply to concealed carry under section 790.06, Florida Statutes. In fact, Florida’s history reflects that secretive or concealed carry is an extraordinary privilege beyond open carry. (“The statute under which this indictment was found provides, ‘that hereafter it shall not be lawful for any person in this State to carry arms of any kind secretly on or about their person, &c.: Provided, that this law shall not be so construed as to prevent any person from carrying arms openly outside of all their clothes.’)
Th. Dig., 498, § 5. Sutton v. State, 12 Fla. 135, 136 (Fla. 1867). The current law is backward.
 
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77zach

Regular Member
Joined
Feb 5, 2007
Messages
2,913
Location
Marion County, FL
Forgive me if this has been discussed but I did several searches for his name in this forum and nothing came up. There's a man (Bill Wohlsifer) running for State AG under the Libertarian party. I'm a registered Republican and his name appeared as one of the choices on my absentee ballot for state AG.

So I looked him up - https://wohlsifer4ag.com/on-the-issues/gun-control/

I voted for him. Boobus Amerikanus will still put Bondi back in and I usually don't vote, but after seeing her creepy pro Schutzstaffel political ad, I had to go and vote against her. Besides, I wanted to vote for the medical cannibis, against a few Alachua county tax proposals, and for Rick Scott, since the LP guy can't win and since Charlie Christ is an anti gun loser.
 
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sniper1

Regular Member
Joined
Aug 21, 2009
Messages
73
Location
The Swamp
Thanks for the heads up. I voted for him too. Not that it really mattered, it was pretty much a given bondo was going to be reelected.
 

77zach

Regular Member
Joined
Feb 5, 2007
Messages
2,913
Location
Marion County, FL
Fl Carry is asking people to attend the hearing tomorrow. If you live within an hour of the kourt I think it would be criminal of you not to go. Norman's case is airtight but will not be decided on its merits. If these blacked robed secular punitive priests see that that they're being watched it may push them to defend our rights. See the parable of the unjust judge in Luke.



Luke 18:1-8New International Version (NIV)

The Parable of the Persistent Widow
18 Then Jesus told his disciples a parable to show them that they should always pray and not give up. 2 He said: “In a certain town there was a judge who neither feared God nor cared what people thought. 3 And there was a widow in that town who kept coming to him with the plea, ‘Grant me justice against my adversary.’

4 “For some time he refused. But finally he said to himself, ‘Even though I don’t fear God or care what people think, 5 yet because this widow keeps bothering me, I will see that she gets justice, so that she won’t eventually come and attack me!"
 
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2OLD2W8

Regular Member
Joined
Apr 14, 2011
Messages
138
Location
Black Waters
How did it go? It wouldn't play on my computer for some reason.

According to the info posted on another forum, the state's weak position was based on emotion not facts...apparently the woman representing the state had a very tough time with numerous pertinent questions presented by the robes.....
 
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77zach

Regular Member
Joined
Feb 5, 2007
Messages
2,913
Location
Marion County, FL
According to the info posted on another forum, the state's weak position was based on emotion not facts...apparently the woman representing the state had a very tough time with numerous pertinent questions presented by the robes.....

I hope Fl carry recorded it, I'd like to see. Yeah, that's what it comes down to and the assistant AG admitted it. I think Fl Carry put what he said in the brief, he said "someone might be.... uhhh.... a little nervous around someone with a gun."

Sorry, but that's not good enough under any standard for restrictions. Whoever represented the state had a tough job, hopefully their home field advantage won't be enough.
 
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ADulay

Regular Member
Joined
Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
It was an interesting experience for sure.

The attorney for the state was about as "prepared" as any high school debate student would be. It was almost embarassing to listen to her continual use of really tired cliches in an attempt to answer several questions from the trio of judges.

There were several times during the oral arguments where the entire side sitting on "our" side of the court almost broke into a small laugh with the comments coming from the state.

Our legal point man, Eric Friday, did an EXCELLENT presentation and answered all of the court's questions in a very professional and technically correct manner.

The same could not be said for the state. It was almost painful to listen to her attempt to salvage an answer to what appeared to be a few simple questions. Evidently all of those "continuance" days/months didn't allow her to prepare enough from what I saw.

My thanks to those who did show up for the oral arguments and I think we all learned a little more about how all of this works "in the real world".

Andy (the guy on the motorcycle)
 

randian

Regular Member
Joined
Mar 10, 2011
Messages
380
Location
Phoenix, AZ
The same could not be said for the state. It was almost painful to listen to her attempt to salvage an answer to what appeared to be a few simple questions. Evidently all of those "continuance" days/months didn't allow her to prepare enough from what I saw.
It's not a matter of time it's a matter of arrogance. Government litigants are used to kid gloves treatment and winning with minimal effort or evidence.
 

2OLD2W8

Regular Member
Joined
Apr 14, 2011
Messages
138
Location
Black Waters
It was an interesting experience for sure.

The attorney for the state was about as "prepared" as any high school debate student would be. It was almost embarassing to listen to her continual use of really tired cliches in an attempt to answer several questions from the trio of judges.

There were several times during the oral arguments where the entire side sitting on "our" side of the court almost broke into a small laugh with the comments coming from the state.

Our legal point man, Eric Friday, did an EXCELLENT presentation and answered all of the court's questions in a very professional and technically correct manner.

The same could not be said for the state. It was almost painful to listen to her attempt to salvage an answer to what appeared to be a few simple questions. Evidently all of those "continuance" days/months didn't allow her to prepare enough from what I saw.

My thanks to those who did show up for the oral arguments and I think we all learned a little more about how all of this works "in the real world".

Andy (the guy on the motorcycle)

My thanks to those who did show up for the oral arguments

Andy, how many Florida Carry supporters attended?
 
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StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
I hope Fl carry recorded it, I'd like to see. Yeah, that's what it comes down to and the assistant AG admitted it. I think Fl Carry put what he said in the brief, he said "someone might be.... uhhh.... a little nervous around someone with a gun."

Sorry, but that's not good enough under any standard for restrictions. Whoever represented the state had a tough job, hopefully their home field advantage won't be enough.

[video=youtube;k7haFzE7HAM]https://www.youtube.com/watch?v=k7haFzE7HAM[/video]
 

sniper1

Regular Member
Joined
Aug 21, 2009
Messages
73
Location
The Swamp
Just watched. Wow, please tell me she doesn't have a law degree. Pathetic doesn't even begin to cover it.
 

marshaul

Campaign Veteran
Joined
Aug 13, 2007
Messages
11,188
Location
Fairfax County, Virginia
That was astonishingly bad.

I'm going to go out on a limb and suggest that maybe, just maybe, she was only there because she was legally required to be, and that her heart wasn't in it.

But maybe that's too charitable to a government attorney.
 
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ADulay

Regular Member
Joined
Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
Andy, how many Florida Carry supporters attended?

I believe it was either 10 or 12 that I can remember faces for.

In my case it was 150 miles to get there and I thought the "show" was well worth my time and effort to get there and see it "in person".

Watching Eric Friday "do his thing" was a show in itself!

AD
 
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