Friday, December 12, 2014

FL: Open Carry Ban may be Unconstitutional; 4th District Court to Rule



The case started back in 2012, when Dale Lee Norman walked down the street with his pistol showing.  He had recently obtained his concealed carry permit, and did not realize that his firearm was completely exposed.

He was convicted of the open carry of a firearm.  His case was appealed to the 4th Circuit court of appeals.   The state Advocate General fought very hard to keep the case from being appealed.   The issue went all the way to the State Supreme Court, which ruled for Norman, to allow the 4th Circuit to hear the case.

The 4th Circuit has now heard the case.   All evidence has been presented and briefs filed.  The oral arguments were heard in the middle of November.   From wptv.com:
There’s no timeline on when the ruling of that case will be made. Florida does allow open carry on a very limited basis. You can under Florida law open carry your firearm if you are fishing, hunting or camping or on the way to or from.
Open carry has even been getting some positive coverage in Florida media.

Florida is one of only six states that ban the open carry of handguns.  Texas is expected to end its ban in 2015.   If the Florida 4th Circuit finds the state ban unconstitutional, that will leave only New York, Illinois, California and South Carolina with open carry bans. 

Most states do not require a license to carry a firearm openly.  Missouri is the last state to reform its firearms law to remove restrictions on open carry.

 ©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch




2 comments:

Anonymous said...

So if you want to open carry in Florida you always carry a fishing pole, bucket and bait. That way, you're always on your way to and from...fishing. Right?

Dean Weingarten said...

It sounds that way. If might be a good idea to have a telescoping pole and a small tackle box in your vehicle...