Pertua v San Diego & Norman v. State of Florida
Looking for a silver lining, this case creates another split decision (yes, state court decisions can create splits with Federal courts). SCOTUS doesn't take cases to correct errors but it will grant cert petitions to resolve splits.
The three judge panel in Norman was just as nutty as the two judge majority in the case out of the
9th Circuit (Peruta). For slightly different reasons, both held that when SCOTUS said that Open Carry is the right guaranteed by the Constitution and that concealed carry can be banned what SCOTUS was really saying is that Open Carry can be banned.
These two courts have created a split with every other Federal and State court which has had a post-Heller concealed carry case cross its doorstep.
Technically, the Peruta case is still in limbo and has been for a year now. This means the Florida Court in Norman may ultimately be the only case which creates a split and we are still waiting to see what the DC Circuit has to say (post-Heller).
There are 11 numbered Federal Circuits plus the DC Circuit Court of Appeals. Here is where they currently stand on concealed carry:
The
First Circuit Court of Appeals could not find a right to carry concealed. Hightower v. City of Boston, 693 F. 3d 61 - Court of Appeals, 1st Circuit (2012) at 73.
Neither could the
Second Circuit Court of Appeals. Kachalsky v. County of Westchester, 701 F. 3d 81 - Court of Appeals, 2nd Circuit (2012) at 84.
Nor could the
Third Circuit Court of Appeals. Drake v. Filko, 724 F. 3d 426 - Court of Appeals, 3rd Circuit (2013) at 431.
Nor could the
Fourth Circuit Court of Appeals. Woollard v. Gallagher, 712 F. 3d 865 - Court of Appeals, 4th Circuit (2013) at 868.
Nor could the
Fifth Circuit Court of Appeals. National Rifle Ass'n of America, Inc. v. McCraw, 719 F. 3d 338 - Court of Appeals, 5th Circuit (2013) at 346.
Nor could the
Sixth Circuit Court of Appeals. US v. Sanford, 707 F. 3d 594 - Court of Appeals, 6th Circuit (2012) at 597.
Nor could the
Seventh Circuit Court of Appeals. Moore v. Madigan, 702 F. 3d 933 (2012) at 938.
Nor could the
Eighth Circuit Court of Appeals. US v. Fincher, 538 F. 3d 868 - Court of Appeals, 8th Circuit (2008) at 873.
Nor could the
Tenth Circuit Court of Appeals. Peterson v. Martinez, 707 F. 3d 1197 - Court of Appeals, 10th Circuit (2013) at 1201.
Nor could the
Court of Appeals for the D.C., Circuit. Parker v. District of Columbia, 478 F. 3d 370 - Court of Appeals, Dist. of Columbia Circuit (2007) at 392 aff'd sub nom. District of Columbia v. Heller, 554 U.S. 570 (2008). It was this DC Circuit case which became the Heller decision which cited Robertson v. Baldwin, 165 U.S. 275, 17 S.Ct. 326, 41 L.Ed. 715 (1897) which in turn said that there is no right to concealed carry.
Given that Florida is in the
Eleventh Circuit one can only wonder why there hasn't been a single so called gun-rights group to challenge Florida's Open Carry ban in a Federal Civil Rights lawsuit? The Heller decision, after all, was decided seven years ago this June, plenty of time to have filed a lawsuit.
Charles Nichols - President of California Right To Carry
http://CaliforniaRightToCarry.org
http://CaliforniaRightToCarry.org