Posted on 02/21/2015 11:08:03 AM PST by Q-ManRN
You have all heard the story of Dale Norman, the man in Fort Pierce who walked out of his house with his freshly minted Florida concealed carry license and was arrested because he did not realize his firearm was partially exposed.
According to the non-profit, non-partisan, and grassroots organization, Florida Carry, which is also helping to fund Mr. Norman’s defense, “The County Court judge also did not fully consider the Second Amendment or the Right to Bear Arms under the Florida Constitution; denying those motions to dismiss the case because the question of the right to bear arms “is for someone above the level of this court.”
According to a Florida Carry press release about the court ruling:
The Right to Bear Arms has now been completely Infringed in Florida.
The court correctly recognized that the right to bear arms outside the home does exist, then it went on to eviscerate the right in favor of the privilege of a license that you must pay for.
Don’t have enough money to pay for your right? Tough, you can’t have it unless you pay up.
(Excerpt) Read more at breitbart.com ...
I’m confused. Recently , as in within the last few years, Florida revised the law to allow for “accidental” exposure of your concealed carry firearm, as long as the firearm is not brandished in a threatening manner. Plus, was the guy on his own private property or not?
http://www.flsenate.gov/Session/Bill/2011/234
No court upholds rights.
Courts adjudicate statutory law. Rights are not acknowledged under statutory law - only privileges. That's why, in this case, the judge referred to "someone above the level of this court." Such a "someone" is one of the People possessing rights, which is "above" an administrative court ruling on the limits of mere corporate privilege as specified by statute.
That's why the judge didn't acknowledge the "right" to bear arms here. Because the accused surrendered that right when he applied for a permit. Only corporate persons without rights have to apply for privilege permits.
So the judge said, "yeah, the right to bear arms exists - for the people. But what does that have to do with you? You've self-identified as a mere corporate person, and shown up in a corporate court that has nothing to do with rights. So stop talking about rights - this court doesn't deal with rights, and anyway, you already surrendered them or you wouldn't be here."
“Ref: “Fl has no open carry?”
Yup, FL is concealed only state. It cannot be open carry unless you are hunting.”
It happened in 1987 when they passed the Shall Issue law. Janet Reno was the AG, and she went furious with the “Blood in the Streets” routine. The law preempted the local governments so they could no longer outlaw open carry. She pushed enough legislative buttons that the legislature held an emergency session, and passed the statewide ban on open carry without the usual committee hearings and debate.
If you need to point a finger at why Florida has an open carry ban, you need look no further than Janet Reno.
Some think that is why Clinton appointed her to be the U.S A.G.
So Waco is not the only tragedy that she has significant responsibility for.
You can say that again.
So the judge said, “yeah, the right to bear arms exists - for the people. But what does that have to do with you? You’ve self-identified as a mere corporate person, and shown up in a corporate court that has nothing to do with rights. So stop talking about rights - this court doesn’t deal with rights, and anyway, you already surrendered them or you wouldn’t be here.”
Please show us where it says that in the decision. I do not think you will fined it. It would be nice if what you say is true, because it would indicate that the courts followed a nice set of rules. But I see no indication that they do.
There was a incident a few weeks ago in a Florida Walmart where a guy got arrested for attacking a concealed carry that was briefly seen.
I just did, in the part of my comment you didn't quote.
It would be nice if what you say is true, because it would indicate that the courts followed a nice set of rules.
Yes, wouldn't that be nice? It would mean people could actually understand what's really going on, instead of championing their ignorance as knowledge.
But I see no indication that they do.
You see what you want to see, and you don't see what you don't want to see.
Why hasn't the gop controlled legislature done something about it? They've been running the show in FL for a long time.
Law? We don’t need no stinkin’ law.
So it seems we’re not getting the full story on this, or the arresting officer and judge are breaking the law, which seems to be fairly prevalent these days.
Wouldn’t you rather have an open carry law? I want to know if someone is armed and possibly dangerous because it will make a difference in my interaction, if any, with him.
When you ask for permission it is no longer a right. Who were the people singled out and sought after during the Katrina storm? The “REGISTERED GUN OWNERS.” To ask your state (hahahahaha) or the federal government (hahahaha) for permission to protect yourself or property is foolish at this point and time of diversity. I signed myself over from 1985-1993 U.S. Army (combat medic.)I saw upfront the political bull and as far as I’m concerned I will always wait for the authorities to protect me and my family along with all we have accrued. ....(turned sarcasm protector back on) Only law abiding citizens with tangible assests are pursued...money grubbing lawyers and politicians are the ones that need to be enlightened....as 1 might say. Tell me I’m wrong and I’ll be quiet.
Because criminals with intent always open carry their guns?
Sorry, but CONCEALED MEANS CONCEALED. If you live in a state that’s banned open carry and you have a CCW, that should be the first thing you learn.
Carrying concealed means choosing a holster and clothing that prevent accidentally displaying your firearm.
Just because it’s a right doesn’t mean you don’t have some responsibility to do it correctly.
no, but it would sure temper my smart ass attitude. Lots of killings aren’t done by career criminals, just by folks who have anger management or drinking problems.
I now reside in PA and I have a farm and it is time that I procure myself a decent rifle and shotgun for using to dispatch trespassing varmits (four legged or otherwise).
I have no desire to put myself in any database, so I am looking at only a sale from a private individual... as long as it is not a handgun.
I agree that I should not have to ask anyone if I may excersise my 2A right. Just, well, I am a bit frustrated because I can not exactly go out and find the perfect rifle and shotgun for my needs. There is a gun auction near me next week and a nice Winchester Model 94 cambered for 30-30 up on the block, but the auction house carries an FFL... so maybe I have to go to the sale, and approach the winning bidder to resell it to me. There is also a high S/N Winchester Model 1886 in .33 WCF... but then I suppose I would be looking at instantly becoming a reloader. I have little clue... they apparently stopped offering .33 WCF in like 1940 or something.
Frustrating.
You are right about changing the Florida Constitution in that regard.
Thanks for the additional history! I had forgotten that Janet Reno was from FL (I moved here in 2012 — so that is when FL history really began ;) )
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.