FL: Open Carry Ban may be Unconstitutional; 4th District Court to Rule

Gun Watch ^ | 12 December, 2014 | Dean Weingarten

[marktwain]

The case started back in 2012, when Dale Lee Norman walked down the street with his pistol showing.  He had recently obtained his concealed carry permit, and did not realize that his firearm was completely exposed.

He was convicted of the open carry of a firearm.  His case was appealed to the 4th Circuit court of appeals.   The state Advocate General fought very hard to keep the case from being appealed.   The issue went all the way to the State Supreme Court, which ruled for Norman, to allow the 4th Circuit to hear the case.

The 4th Circuit has now heard the case.   All evidence has been presented and briefs filed.  The oral arguments were heard in the middle of November.   From wptv.com:

There’s no timeline on when the ruling of that case will be made. Florida does allow open carry on a very limited basis. You can under Florida law open carry your firearm if you are fishing, hunting or camping or on the way to or from.

Open carry has even been getting some positive coverage in Florida media.

Florida is one of only six states that ban the open carry of handguns.  Texas is expected to end its ban in 2015.   If the Florida 4th Circuit finds the state ban unconstitutional, that will leave only New York, Illinois, California and South Carolina with open carry bans. 

Most states do not require a license to carry a firearm openly.  Missouri is the last state to reform its firearms law to remove restrictions on open carry.

 ©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

[marktwain]

The oral arguments seemed tilted in favor of ruling for open carry.

[basil]

I don’t particularly want to open carry. A holstered gun doesn’t go well with dresses IMHO

I would like it better if we had the choice to either open carry or conceal and carry

[Bryanw92]

>>A holstered gun doesn’t go well with dresses IMHO

You say that now because most holsters are black or brown and are very utilitarian. If open, holstered carry were to become legal, then holster manufacturers might expand their lines.

[faithhopecharity]

“... the right of the People to keep AND BEAR arms shall not be infringed...”

[PAR35]

his firearm was completely exposed.

I can see accidentally exposing your gun when reaching or bending over; I don't see how you can walk down the street and not know that your pistol is 'completely exposed'.

[ElkGroveDan]

Intuitively this restriction has always been one that has bothered me. To argue for a ban of either open or concealed carry you have to start with the premise that the person doing the carrying could possibly be some nefarious ne’er-do-well up to no good. Nearly every Supreme Court ruling on regulation of behavior has always embraced with the premise that citizens are law abiding until the state is able to demonstrate otherwise. I look forward to the day when the banning of carrying personal firearms is look back upon as a long ago abuse that is no longer even discussed by reasonable people.

[ProtectOurFreedom]

Yep. “Oopsie...heh, heh. Silly me.” Doesn’t add up. Sound like he warned to trigger this court ruling.

[RandallFlagg]

I honestly don’t care how people carry their weapons. As long as they CARRY their weapons. It makes us ALL safer.

I’m really overjoyed that we’re winning so many court battles lately.
May this next one be another victory.

[bunkerhill7]

Christmas 2nd Amendment famous Movie Line:

“That kid is armed!”

-”Home Alone”

[drypowder]

I would like it better if we had the choice to either open carry or conceal and carry

the spirit and original intent of the Second Amendment allows both per the " Right to Keep and Bear Arms Shall Not Be Infringed". Anyone believing otherwise either doesn't understand English, is dishonest, a utopian idiot or is serving the ruling elite who constantly live in fear of an armed citizenry.

[captain_dave]

Always carry a fishing pole, bucket and bait.

[trebb]

I don’t particularly want to open carry. A holstered gun doesn’t go well with dresses IMHO I would like it better if we had the choice to either open carry or conceal and carry

It would be great if you didn't need a permit to conceal a weapon. Then you would really have the choice...

Since Mississippi got rid of the snags that made its "Constitutional Open Carry" a farce for so long, I have carried openly on a number of occasions, mainly to test the waters of public reaction - so far no issues.

As far as the weapon going with a dress, see if you can't put together a getup like worn in one of the Annie Oakley flicks....

[DakotaGator]

FL: Open Carry Ban may be Unconstitutional; 4th District Court to Rule

Of course it's unconstitutional.

...the right of The People to keep and bear arms shall not be infringed.

No level of government has been granted authority over citizens keeping and bearing arms. They can't define it, they can't restrict it, they can't modify it.

The People reserved this right to themselves exclusively! Any code saying otherwise is unconstitutionally masquerading as legitimate under color of law.

[marktwain]

It is not difficult for me to imagine how it could happen, especially as he was new to carrying a firearm.

It could be as simple as his shirt blew up over the holster and gun, and he buttoned it to keep it from blowing around, with out makeing sure it still covered the gun, or that the light shirt blew behind the holster.

Or, suppose he had a jacket on, got hot, and took it off, exposing the pistol and holster.

There are many possibilities.

It only has to happen once out of millions of times. Florida has over a million concealed carry permits.

[bunkerhill7]

All gun control laws are unconstitutional.

We know it and they know it.

WEARING ARMS< BEARING ARMS

Volunteers War of 1812

"Governor Synder, 1815- Our militia and volunteers were actually engage with the enemy.."p99 ...if we destroyed the militia system, we did not indeed take away the right of the people to bear arms, but we destroyed the inclination, the habit of WEARING ARMS; and such was not his [Gov. Snyder]sentiment as to what ought to be the condition of things in a country like ours. He believed that not only right, but the habit of WEARING ARMS was essential to freemen, and to the preservation of the liberty of freemen. This was the principle inserted into the Constitution of the United States; and if we did away with this, the effect would be to destroy the principle and the feeling altogether." 100 p.105. ..

"Proceedings and Debates of the Convention of the Commonwealth of Pennsylvania", Vol. 4, by the Pennsylvania Constitutional Convention, 1837-8

[DakotaGator]

Indeed!

[digger48]

[theBuckwheat]

There is a difference between what should be legal and what is wise. If the RKBA must not be infringed, then the burden must be on government to ban open carry only for the most compelling and limited circumstances. But for me, I don’t recommend open carry in urban areas because it invites both public alarm and public attack.

[basil]

I’m a bit old for the Annie Oakley look—LOL!

[LachlanMinnesota]

In Minnesota, you get a permit to carry, and you can do it however you wish, but you have to have a permit for either. I never wanted the controversy so its concealed all the time here.