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Politics

Supreme Court Rejects Appeal to Florida Open Carry Ban

November 28, 2017 - 12:45pm

The U.S. Supreme Court handed a loss to a Florida gun group on Monday when it declined to hear a case surrounding the state’s open carry law. 

The nation’s highest court refused to hear the appeal in the Dale Norman vs. Florida case on Monday following a lengthy legal battle which has weaved its way to Washington after several years.

In July, Florida Carry Inc. filed an appeal in the U.S. Supreme Court in the Dale Norman vs. Florida case, a case revolving around how Florida regulates concealed weapons permit holders and the accidental brandishing of firearms. 
 
It all started in 2012 when Dale Norman was found guilty of a second-degree misdemeanor after his firearm accidentally became exposed outside of his house. 
 
Norman was walking down the street in Fort Pierce carrying his handgun, which was not covered by his clothing. When a passerby saw the gun, the police were called and Norman was arrested. 
 
A lower court found Norman guilty of violating the state’s open carry ban, even though Norman had a concealed weapons permit for his handgun.
 
The court slapped Norman with a $300 fine and court costs, but the legal challenges didn’t end there.
 
Norman alleged state lawmakers were wrong in banning open carry because it requires people looking to defend themselves to first get a concealed weapons permit if they ever want to protect themselves while outside the four walls of their homes. 
 
The state, on the other hand, believes that if open carry were to be legal, legislators would have already passed a bill allowing it. 
 
The Norman case weaved its way through the court system until it was ultimately heard by the Florida Supreme Court last year, which backed the state in the appeal. 
 
Florida Carry and Norman took the case all the way to the nation’s highest court, alleging Florida has erred in its 30-year open carry ban. A federal judge who denied the appeal had no further comment on the ruling.
 
Florida Carry said the ban on open carry goes against the spirit of America, which typically tends to support the right to bear arms. 
 
“Traditionally this Court and the State courts have viewed the right to bear arms as categorically protecting the carrying of firearms openly,” the group wrote. “Florida and the other four States that generally ban open carry are outliers in conflict with American traditions.”
 
Florida is one of five states to have an outright ban on open carry, though Republican lawmakers have attempted to pass bills permitting open carry for concealed weapons permit holders for years in the Florida Legislature. 

Sen. Greg Steube, R-Sarasota, filed a similar measure this year, but the legislation was never heard on the Senate floor. 

 

 

Reach reporter Allison Nielsen by email at allison@sunshinestatenews.com or follow her on Twitter: @AllisonNielsen.


READ MORE FROM SUNSHINE STATE NEWS

Greg Steube Fires Up Open Carry Bill for 2017 Session

Florida Carry Takes Norman Open Carry Case to U.S. Supreme Court

Comments

I believe you should be able to open carry instead of having to go through the hassle of getting a concealed which I can open carry hunting and fishing and going to and from those areas but not walking my kids around the block if not a convicted felon and the gun is legal should be no reason I can't open carry

You can open carry in Florida under certain conditions. Florida Statute 790..25 (3) states that open carry and conceal carry provisions do not apply in certain conditions, like hunting, camping, and fishing, and to or from those activities.

I can carry concealed in my shorts' pocket. People can see the outline of what I have and that is a good thing... Would vote for open carry though, so I could carry something bigger...

Problem with concealed in Florida is you have to wear too much clothing for the weather.

What are you going to do to change this ruleing to what your supporters want open carry should be permitted with c.c.p.

I don’t agree with open carry.

Well, you're quite the oddball. Forty-four (44) of the 50 states allow for open carry. You are, statistically, confused.

Time to remove the liberals.

Time to remove the liberals.

Forget Politics from Left to Right.....LET THE PEOPLE VOTE on a BALLOT VOTE....they played that with WEED So-Call Medical Weed that just now Opens door to Legalize weed Next...So why not on Open Carry...that for sure Keep drug abusers away from thinking Twice before trying to Rob you...

You are absolutely correct. And sadly, it was a "Republican" on both occasions that Open Carry was not allowed to move along in Florida's legislature. Apparently, idiot Democrats in Republican clothing. Put it to an Amendment. How about that... A ballot measure for an Amendment when there is already The Amendment that we have a right to have our firearms in any manner that will protect us, not the criminals. The two Republicans said they were more worried about the tourists being offended and not coming to Florida than the Florida residents begging for open carry. Idiots!!!!

carpetbaggers always think they know what is best for Florida, when they should just put it on the ballot and let real Floridians decide...

Carpetbaggers should carry their asses back north and stay out of the discussion!

Good.

One thing is certain a gun will deter bad people. Particularly those thieves that hunt in the night.

Yes. And the idiot liberals, and the two idiot Republican who blocked the Open Carry legislation, say that Florida will become a Dodge City, with shooting everywhere. It has not occurred in the 44 states which have allowed OC. They're are purely idiots. In case they haven't noticed, Florida is already a Dodge City, but only the criminals have the advantage.

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