Florida court upholds ban on openly carrying gun

[Baitball Blogger]

Source: Orlando Sentinel


TALLAHASSEE — In what judges described as a first-of-its-kind case, an appeals court Wednesday upheld a Florida law that prevents people from openly carrying firearms, finding that the restriction does not violate the constitutional rights to bear arms.

The ruling by a three-judge panel of the 4th District Court of Appeal stemmed from the 2012 arrest in Fort Pierce of Dale Norman, who was carrying a gun in a holster. A jury found Norman guilty of a second-degree misdemeanor charge, leading to the appeal on constitutional grounds.

The appeals court said the state law does not "destroy the core right of self-defense enshrined in the Second Amendment" and in part of the Florida Constitution that guarantees the right to keep and bear arms. Also it pointed to the ability of people to get concealed-weapons permits.

The ruling described the case as presenting a question of "first impression" about whether the Second Amendment forbids the state from banning the open carrying of firearms while allowing people to carry concealed weapons under a permitting system. In legal terms, a question of "first impression" indicates a first-of-its-kind decision.

http://www.orlandosentinel.com/news/politics/os-openly-carrying-firearms-ban-20150218-story.html

Read more: http://www.orlandosentinel.com/news/politics/os-openly-carrying-firearms-ban-20150218-story.html

[katmondoo]

1. OMG I hope it stands

[Baitball Blogger]

2. This is a definite signal that Florida crazy has reached its peak.

[Lochloosa]

5. Don't sell us out yet. We have lots of crazy left down here...

[Cryptoad]

9. hold on a minute ,,,, let me check Fox News

and see the Hell just froze over! ggeeeez!

[sweetapogee]

3. caution:

The ruling might put the kabash on "open carry" but leaves concealed carry in place and puts case law language on the records that reads "The appeals court said the state law does not "destroy the core right of self-defense enshrined in the Second Amendment"

If the goal is to remove guns from the hands of private citizens and keep them from carrying handguns, then not good. The decision actually makes the carry provisions stronger.

[Fred Sanders]

4. I agree. The core of the decision is misinterpreting what was written 200 years ago.

[hack89]

8. Who has the goal of removing guns from the hands of private citizens?

apart from some fringe gun control groups? We are constantly told here that "no one is coming to take away your guns." I certainly believe that, don't you?

[sweetapogee]

10. of course

/sarcasm

[hack89]

11. If you had used the sarcasm thingie in your original post

Last edited Thu Feb 19, 2015, 09:28 AM - Edit history (2)

It would have been a lot clearer. Sorry for the confusion.

[sweetapogee]

12. no prob

rock on!

[hack89]

6. I can understand why open carry should be strictly regulated

it needlessly scares people and concealed carry is a reasonable alternative. A permitting system is certainly constitutional.

[kydo]

7. Uh oh... The NRA will be pissed

They will freak out and blame Obama. And there are enough of the crazy still in FL to make my life miserable. And its cold outside.

[NickB79]

13. Since the court used the existence of concealed-carry to outlaw open carry

While holding that the 2nd Amendment enshrines the right to self defense, that seems to imply that, if the state ever repealed their CCW laws (unlikely in our lifetimes), the case could be revisited and open-carry then declared legal.

For those seeking more gun control, this really doesn't do anything to advance their cause. If anything, removing the open-carry idiots from public does more to bolster the gun rights side, because those open-carry folk really do a disservice to their own people. Nothing like seeing some Bubba-looking hillbilly walking around Walmart with an AK slung over his back to get people worked up for more gun control laws.