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Old October 29th, 2013, 06:49 PM #1
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Norman v. State (FL) Open Carry lawsuit

Guy is arrested for open carry of a pistol, but just received his CCW that very day. State precedent says CCW is a privilege, not a right. State is pushing forward with prosecution.

https://www.floridacarry.org/index.p...norman-v-state

Briefs have been filed by Norman, Florida, and now Norman's reply is in. The state's position makes this a case to watch. They are not claiming that shall-issue CCW satisfies the right; simply that a ban on OC is a reasonable regulation(they say it over and over again with no evidence).

This is currently in a FL appeals court.

The State argues that because reasonable regulation of the right to bear arms
is allowed, and because the State believes the regulation at issue to be reasonable,
the ban on open carry passes constitutional muster.
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Old October 29th, 2013, 07:35 PM #2
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Quote:
Originally Posted by press1280 View Post
Guy is arrested for open carry of a pistol, but just received his CCW that very day. State precedent says CCW is a privilege, not a right. State is pushing forward with prosecution.

https://www.floridacarry.org/index.p...norman-v-state

Briefs have been filed by Norman, Florida, and now Norman's reply is in. The state's position makes this a case to watch. They are not claiming that shall-issue CCW satisfies the right; simply that a ban on OC is a reasonable regulation(they say it over and over again with no evidence).

This is currently in a FL appeals court.

The State argues that because reasonable regulation of the right to bear arms
is allowed, and because the State believes the regulation at issue to be reasonable,
the ban on open carry passes constitutional muster.
Why shouldn't they argue that? The federal judiciary has made clear that a state's belief that a regulation is reasonable makes it in fact, "reasonable." No evidence need be provided.
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Old October 29th, 2013, 07:36 PM #3
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Wow.. they really want to push this?

Its not even real open carry.....

If this is how it is in Fl god help us Here in Md....
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Old October 29th, 2013, 07:38 PM #4
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Quote:
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Why shouldn't they argue that? The federal judiciary has made clear that a state's belief that a regulation is reasonable makes it in fact, "reasonable." No evidence need be provided.
Try again.. nothing is clear.. and fl is pushing it hard...

Case to watch for sure.
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Old October 29th, 2013, 07:42 PM #5
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Quote:
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Try again.. nothing is clear.. and fl is pushing it hard...

Case to watch for sure.
How is it not clear? The 4th, 2nd, 3rd and D.C. Circuits have all ruled exactly that.
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Old October 29th, 2013, 08:52 PM #6
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This is an older case (and has been discussed here prior).

Certainly sets up a split potential. (If I am not mistaken it sets up a State Supreme Court vs. US Circuit split, intra-circuit).

But, that said, my new job has me spinning my head the last few days.
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Old October 29th, 2013, 09:10 PM #7
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I would like to know how his firearm "unknowingly became unconcealed while walking down the street"
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Old October 29th, 2013, 09:16 PM #8
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Quote:
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I would like to know how his firearm "unknowingly became unconcealed while walking down the street"
This is a problem for many new CCers, one that is easily avoided if you take the time and care necessary to carry properly until it becomes second nature. The reason I like the CC laws of Colorado is because, except in Denver city limits, OC is legal so CC slips are usually not a legal issue for you. FL isn't that way and, IMO, you have the responsibility to know the law and follow it to the best of your ability when you CC. This man failed to do so based on the little I've read of it.
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Old October 29th, 2013, 10:26 PM #9
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Quote:
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I would like to know how his firearm "unknowingly became unconcealed while walking down the street"
Wind gust will do it. It happens. It happened to me in an oc OK state and I was able to quickly fix it.

Maybe there is more to this than it first appears but it sounds like a bs charge... I will defer pending more info.
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Last edited by Brooklyn; March 8th, 2014 at 07:29 PM.
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Old October 29th, 2013, 10:27 PM #10
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There are four FL Justices nominated by Gov Crist (R), two nominated by Gov Chiles (D) and one by both Chiles and Jeb Bush (Chiles' choice, but Bush agreed to prevent controversy).

Justice Labarga's input into the decision could be very interesting, he was born in Cuba in 1952 and arrived in the US at 11 years old.

ETA:
Oh, the case is not yet to the FL Supreme Court, it is still at the intermediate appeals court.
I liked the state needing a total of four extensions and one hold for objection, delaying their response brief by 180 days.


   
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