[Malum Prohibitum]

http://campaign.r20.constantcontact...ec60a&ch=c47329a0-cf03-11e3-9124-d4ae528ec60a

That court ruled that a carry license was not a right, but a privilege, which could be revoked by the State at any time. Since open carry is generally illegal, and carrying concealed with a license is a privilege, then there is no RIGHT to bear arms in Florida.

In the other crucial case, Bretherick v. State, prosecutors are claiming that you are not immune from legal attack until you prove it. The details of the case are compelling that Jared Bretherick's actions were in defense of himself and his family, but extraneous to the main question before the FL Supreme Court... - "In a self-defense immunity hearing, is the burden of proof on the defendant to prove he acted in self-defense or the State to prove that he did not?"

 

[Malum Prohibitum]

Norman v. State - Weapon became unconcealed in FL

https://www.floridacarry.org/index.php/litigation-32/21-statecourt/70-norman-v-state

The video is somewhere on here, but I could not find it. It is making its way through the courts now (see link for legal update).

 

[Malum Prohibitum]

A St. Lucie County Judge denied all constitutional arguments to dismiss the case against Dale Norman. While the court made findings that the statute is overbroad and is facially vague, the court still issued a conviction on a “as applied†standard.

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."

:neutral:

 

[adams454]

Maybe I misunderstand what that judge means, so any help is appreciated. But what does "for someone above the level of this court" mean?

It sounds like the judge is purposely not looking at certain aspects so that he/she can avoid issuing a ruling they may not personally agree with.

 

[Gunstar1]

Correct, the judge should have ruled on the motions presented. Instead it seems the court just said go and appeal this, I don't want to deal with it.

 

[adams454]

Correct, the judge should have ruled on the motions presented. Instead it seems the court just said go and appeal this, I don't want to deal with it.

Thank you. That's how I thought it was supposed to work. Each court issues a ruling, whether positive or negative on each motion, then the parties go through appeals if they aren't satisfied. How do you appeal a lack of a decision?

 

[CoffeeMate]

They forgot to kick him in the head.

[/sarcasm]

 

[Malum Prohibitum]

http://myemail.constantcontact.com/...ments.html?soid=1114009452090&aid=aJjchwtzBas

Oral Arguments today in the appellate court.

 

[Jmark]

Man I hope he wins, this is the area of FL I have to visit every year.

 

[Phil1979]

CCW license holders in Florida should protest by printing big time while concealing, and by wearing t-shirts, buttons, and hats that state they are lawfully armed.

And doing a lot of fishing, as well as going or coming back from fishing, while open carrying.

 

[EJR914]

CCW license holders in Florida should protest by printing big time while concealing, and by wearing t-shirts, buttons, and hats that state they are lawfully armed.

And doing a lot of fishing, as well as going or coming back from fishing, while open carrying.

Then they would probably make all that illegal and strictly enforced, well besides the t-shirt and buttons, but they'd make your life as hard as they could. Probably make it CC Only while fishing as well. Florida isn't as pro-gun as Georgia for instance, they have a ton of Democrat Yankee transplants in that State. Makes it more politically moderate than Georgia.

 

[Phil1979]

That would be a risk, but the greater the anti's push back, the stronger the freedom lovers become.

I know when I visit Florida, I won't try to stuff my full-sized pistol inside my waistband. It'll be a t-shirt thrown over a comfortable OWB Serpa.

Then they would probably make all that illegal and strictly enforced, well besides the t-shirt and buttons, but they'd make your life as hard as they could. Probably make it CC Only while fishing as well. Florida isn't as pro-gun as Georgia for instance, they have a ton of Democrat Yankee transplants in that State. Makes it more politically moderate than Georgia.

 

[45_Fan]

Just CC on the strong side and OC a neon toy gun on the other side.

 

[Jmark]

Here are the closing arguments, state did a poor job. She seem unprepared and couldn't articulately answer the judges questions, I have high hopes.

 

[mark5019]

florida open carry

was defeated my son says will go to higher court no link yet

 

[Malum Prohibitum]

was defeated my son says will go to higher court no link yet

This one? http://www.georgiapacking.org/forum/showthread.php?t=261563&highlight=florida+open+carry

 

[latter_day_hippie]

Florida Court of Appeals: Second Amendment protects carrying guns outside the home

http://www.washingtonpost.com/news/...quire-concealed-carry-rather-than-open-carry/

“A blanket prohibition on carrying [a] gun in public prevents a person from defending himself anywhere except inside his home,†and as such constitutes a “substantial … curtailment of the right of armed self-defense.â€

More fodder for the Supreme Court to consider...

 

[Malum Prohibitum]

Qualifier: the state may require concealed carry and prohibit entirely carrying openly.

 

[Malum Prohibitum]

http://www.4dca.org/opinions/Feb 2015/02-18-15/4D12-3525.op.pdf

 

[Malum Prohibitum]

http://www.4dca.org/opinions/Feb 2015/02-18-15/4D12-3525.op.pdf

Plain English Summary - a black man who dares to let his holster peak out beneath his shirt will have police officers point their guns at him. Hooray for the right to bear arms!