Norman v. State (FL) Open Carry lawsuit

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  • fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    I believe this case is in State court, not Federal District Court, so its not a direct bump in the current split. It does help though. Every little bit helps. We'll have to wait and see what the State Supreme Court has to say about it on appeal, assuming they take the case. ;)

    Not a direct split is correct; must go to Florida's highest court, decided, THEN appealed to SCOTUS.
     

    Southwest Chuck

    A Calguns Interloper.. ;)
    Jul 21, 2011
    386
    CA
    Not a direct split is correct; must go to Florida's highest court, decided, THEN appealed to SCOTUS.

    Not necessarily. I may be wrong, but from my understanding, the State's highest court could take a pass on the case. Then, cert could be requested from SCOTUS to review the State Appeals court decision.
     

    jimbobborg

    Oddball caliber fan
    Aug 2, 2010
    17,112
    Northern Virginia
    If the Fl Supremes deny review, they can then file for cert with SCOTUS. Just a guess though, I doubt SCOTUS accepts many cases that a state supreme court passes on.

    If the Florida SC denies review, and SCOTUS denies review, how does that affect the rest of the country, as the State of Florida lost.
     

    kcbrown

    Super Genius
    Jun 16, 2012
    1,393
    If the Florida SC denies review, and SCOTUS denies review, how does that affect the rest of the country, as the State of Florida lost.


    The State of Florida won. The plaintiff (actually, defendant, as this is a criminal prosecution) lost. It's the latter who is appealing.

    The effect on the rest of the country if SCOTUS denies cert will be nothing, save for the fact that it will then be crystal clear that SCOTUS has no intention of protecting open carry any more than they intend to protect concealed carry.

    I think "bear" will be dead at that point (or at least breathing its last breaths -- SCOTUS might take Peruta or Palmer, but that is highly unlikely, particularly if Palmer is overturned at the appellate level).



    (Sent with Tapatalk, so apologies for the lackluster formatting)
     

    randian

    Active Member
    Jan 13, 2012
    715
    Seems like they are throwing the kitchen sink by bringing up licensing and long gun carry, along with open carry.
    Florida's high court has long been much more liberal than Florida's population generally. How that happened I don't know, but there is little likelihood they'll grant a hearing.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Florida's high court has long been much more liberal than Florida's population generally. How that happened I don't know, but there is little likelihood they'll grant a hearing.

    You'd think the conflict with Crane would be enough to get them to take it? The way I understand the FL courts, the appeals court rulings are binding on one another (unlike the Federal Appeals courts). Norman just disposed of a 25 year old precedent in a simple footnote. That alone IMO is worth the FL Supremes taking it.
    Of course, if they don't like the 2A the best thing is to deny review. Odds are SCOTUS won't take it either.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Agreed. They also appear very confident in their liberal Shall-Issue CCW scheme overcoming the challenge to OC, regulating the Manner of carry. They're likely right...

    it's worth noting they are the only court I'm aware of taking this position now that Peruta has been en banced.
     

    Maestro Pistolero

    Active Member
    Mar 20, 2012
    876
    If FLA is successful in enshrining the right as a right to a concealed license, that certainly complicates any eventual SCOTUS decision if the high court is of a mind to enshrine open carry as the right. Likewise Texas unless they have passed their open cary law. . . (don't know the stays of that.)
     

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