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Posted: 2/18/2015 4:57:14 PM EDT
[#1]
So will Florida Carry appeal to the Florida Supreme Court on this?
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Posted: 2/18/2015 5:52:35 PM EDT
[#2]
This is the legally correct outcome, imo.
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Posted: 2/18/2015 5:56:15 PM EDT
[#3]
I wouldn't say "dead", just that under current law it is not legal (except under certain circumstances). There is nothing to stop them from changing the current law to allow OC like the majority of states have already done. With enough pressure any law can be changed, within reason.
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Posted: 2/18/2015 7:25:27 PM EDT
[#4]
Quote HistoryQuoted:
I wouldn't say "dead", just that under current law it is not legal (except under certain circumstances). There is nothing to stop them from changing the current law to allow OC like the majority of states have already done. With enough pressure any law can be changed, within reason. This; the road to open carry runs through the state legislature and it's time they put a proper open carry bill in front of the governor. Florida being one of only 5 remaining states in the entire country without open carry is absurd. In fact, it's inexcusable really that openly carrying a firearm here is a criminal act. |
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Posted: 2/18/2015 8:59:29 PM EDT
[#5]
Whats the best way to go about getting a legitimate bill on the governors desk? Contact our reps? I dont even know if I want to physically open carry. Maybe I would.. but I want it to get passed extremely bad just on principle!
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Posted: 2/18/2015 9:47:51 PM EDT
[#6]
Quote HistoryQuoted: So will Florida Carry appeal to the Florida Supreme Court on this? |
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Posted: 2/18/2015 10:20:21 PM EDT
[#7]
Quote HistoryQuoted:
They said they were. Quote HistoryQuoted:
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So will Florida Carry appeal to the Florida Supreme Court on this? Good. While very few of us may use this Right on a regular basis, it's an important part of Freedom in the US. |
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Posted: 2/18/2015 11:28:03 PM EDT
[#8]
Quote HistoryQuoted:
Good. While very few of us may use this Right on a regular basis, it's an important part of Freedom in the US. Quote HistoryQuoted:
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So will Florida Carry appeal to the Florida Supreme Court on this? Good. While very few of us may use this Right on a regular basis, it's an important part of Freedom in the US. Agreed. |
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Posted: 2/18/2015 11:40:49 PM EDT
[#9]
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Agreed. Quote HistoryQuoted:
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So will Florida Carry appeal to the Florida Supreme Court on this? Good. While very few of us may use this Right on a regular basis, it's an important part of Freedom in the US. Agreed. +1000 |
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Posted: 2/18/2015 11:50:20 PM EDT
[#10]
Quote HistoryQuoted:
+1000 Quote HistoryQuoted:
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So will Florida Carry appeal to the Florida Supreme Court on this? Good. While very few of us may use this Right on a regular basis, it's an important part of Freedom in the US. Agreed. +1000 We need to put the politicians to work on enacting open carry and not expect the court to legislate it from the bench. It's been done in 45 other states and it needs to be done here in Florida as well. |
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Posted: 2/18/2015 11:52:38 PM EDT
[#11]
Good luck . I hope you guys get open carry.
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Posted: 2/19/2015 12:05:10 AM EDT
[#12]
keep on fighting, until we get this done or until i die. just because some don't want to o/c, don't deny the rest of us the right to do so. they say the "shall issue" c/c covers the 2a aspect, but i shouldn't have to pay for my rights.
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Posted: 2/19/2015 12:39:33 AM EDT
[#13]
Quote HistoryQuoted:
This is the legally correct outcome, imo. I agree. This could be more easily addressed through the legislature taking action. I fear the USSC would not rule in favor largely due to the CCW license being a "shall issue" under state law (unless a prohibited person). |
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Posted: 2/19/2015 8:17:22 AM EDT
[#14]
If open carry is truly dead, it's because the GOP wants it so. Republicans control the executive and both houses of the legislature.
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Posted: 2/19/2015 8:35:28 AM EDT
[#15]
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Posted: 2/19/2015 9:49:39 AM EDT
[#16]
We will lock Marion Hammer in a closet next time, then maybe just maybe no backdoor BS deals will be made.
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Posted: 2/19/2015 10:05:00 AM EDT
[#17]
Quote HistoryQuoted:
We will lock Marion Hammer in a closet next time, then maybe just maybe no backdoor BS deals will be made. For the life of me, I can't understand why she did that, and the aftermath was even more bizarre.....stating that the bill was never an open carry bill in the first place, while at the same time blaming a totally responsible open carry activist for the failure of open carry to pass. |
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Posted: 2/19/2015 11:05:26 AM EDT
[#18]
If any of you had bothered to read the 'campus carry' bills that were just approved by both house and senate committes you'd find that open carry IS included therein.
And truly, Marion may have fumbled last time out, but that old lady has some real muscle when it comes to the Florida Legislature............hopefully the proposed bill will pass and Scott will sign it. |
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Posted: 2/19/2015 11:36:35 AM EDT
[#19]
Quote HistoryQuoted:
If any of you had bothered to read the 'campus carry' bills that were just approved by both house and senate committes you'd find that open carry IS included therein. And truly, Marion may have fumbled last time out, but that old lady has some real muscle when it comes to the Florida Legislature............hopefully the proposed bill will pass and Scott will sign it. I missed the sections regarding open carry could you provide a link or source? Thanks. Never mind.... Found it. The bill seems to have been amended and now includes general open carry as well as campus carry. Thanks for the heads up. http://www.flsenate.gov/Session/Bill/2015/0176/BillText/Filed/PDF 2-00398-15 2015176__ A bill to be entitled An act relating to licenses to carry concealed weapons or firearms; amending s. 790.06, F.S.; deleting a provision prohibiting concealed carry licensees from openly carrying a handgun or carrying a concealed weapon or firearm into a college or university facility; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (a) of subsection (12) of section 790.06, Florida Statutes, is amended to read: 790.06 License to carry concealed weapon or firearm.— (12)(a) A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into: 1. Any place of nuisance as defined in s. 823.05; 2. Any police, sheriff, or highway patrol station; 3. Any detention facility, prison, or jail; 4. Any courthouse; 5. Any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; 6. Any polling place; 7. Any meeting of the governing body of a county, public school district, municipality, or special district; 8. Any meeting of the Legislature or a committee thereof; 9. Any school, college, or professional athletic event not related to firearms; Page 1 of 2 CODING: Words stricken are deletions; words underlined are additions. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2-00398-15 2015176__ 10. Any elementary or secondary school facility or administration building; 11. Any career center; 12. Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; 13. Any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; 13.14. The inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or 14.15. Any place where the carrying of firearms is prohibited by federal law. Section 2. This act shall take effect July 1, 2015. |
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Posted: 2/19/2015 12:35:16 PM EDT
[#20]
Quote HistoryQuoted: If any of you had bothered to read the 'campus carry' bills that were just approved by both house and senate committes you'd find that open carry IS included therein. And truly, Marion may have fumbled last time out, but that old lady has some real muscle when it comes to the Florida Legislature............hopefully the proposed bill will pass and Scott will sign it. What is the next step(s) for this to happen? |
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Posted: 2/19/2015 12:50:05 PM EDT
[#21]
I read the bill when it was first introduced but missed that entirely. Thanks for the heads up on it.
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Posted: 2/19/2015 2:23:59 PM EDT
[#22]
Quote HistoryQuoted: This is the legally correct outcome, imo.  |
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Posted: 2/19/2015 2:47:54 PM EDT
[#23]
OST
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Posted: 2/19/2015 3:29:54 PM EDT
[#24]
I worked in that Public Defenders office when that case came through county court. Terrible facts for our side. I think any real OC initiative in the next couple years is going to have to come through legislature, not the courts.
Having said that, we have a Republican governor. It's looking like he's going ro be able to pick up to four Supreme Court justices while he's in office. It's possible with new judges and a better case to champion we could get the law overturned. |
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Posted: 2/19/2015 3:45:33 PM EDT
[#25]
Quote HistoryQuoted:
Quote HistoryQuoted:
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This is the legally correct outcome, imo. The 2nd Amendment, consistent with the intent of the founders and the conditions surrounding its drafting, protects your right to carry a weapon for, amongst other things, self defense. At the time the 2nd Amendment was drafted, the manner in which arms were carried was regulated (in most places, concealed weapons were banned). The legislature can, consistent with the 2nd Amendment, place restrictions on the manner in which arms are carred - so long as the right to carry a weapon is not prohibited. |
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Posted: 2/19/2015 4:27:53 PM EDT
[#26]
Quote HistoryQuoted:
The 2nd Amendment, consistent with the intent of the founders and the conditions surrounding its drafting, protects your right to carry a weapon for, amongst other things, self defense. At the time the 2nd Amendment was drafted, the manner in which arms were carried was regulated (in most places, concealed weapons were banned). The legislature can, consistent with the 2nd Amendment, place restrictions on the manner in which arms are carred - so long as the right to carry a weapon is not prohibited. Quote HistoryQuoted:
Quoted:
Quoted:
This is the legally correct outcome, imo. The 2nd Amendment, consistent with the intent of the founders and the conditions surrounding its drafting, protects your right to carry a weapon for, amongst other things, self defense. At the time the 2nd Amendment was drafted, the manner in which arms were carried was regulated (in most places, concealed weapons were banned). The legislature can, consistent with the 2nd Amendment, place restrictions on the manner in which arms are carred - so long as the right to carry a weapon is not prohibited. It's not always popular to be correct. 
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Posted: 2/19/2015 4:42:33 PM EDT
[#27]
Quote HistoryQuoted:
It's not always popular to be correct. Quote HistoryQuoted:
Quoted:
Quoted:
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This is the legally correct outcome, imo. The 2nd Amendment, consistent with the intent of the founders and the conditions surrounding its drafting, protects your right to carry a weapon for, amongst other things, self defense. At the time the 2nd Amendment was drafted, the manner in which arms were carried was regulated (in most places, concealed weapons were banned). The legislature can, consistent with the 2nd Amendment, place restrictions on the manner in which arms are carred - so long as the right to carry a weapon is not prohibited. It's not always popular to be correct. Eh, sometimes I try to teach a little. Those of you who say the fight is in the legislature are eminently correct. I hope this gets passed. |
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Posted: 2/19/2015 10:37:21 PM EDT
[#28]
Quote HistoryQuoted:
Eh, sometimes I try to teach a little. Those of you who say the fight is in the legislature are eminently correct. I hope this gets passed. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
Quoted:
This is the legally correct outcome, imo. The 2nd Amendment, consistent with the intent of the founders and the conditions surrounding its drafting, protects your right to carry a weapon for, amongst other things, self defense. At the time the 2nd Amendment was drafted, the manner in which arms were carried was regulated (in most places, concealed weapons were banned). The legislature can, consistent with the 2nd Amendment, place restrictions on the manner in which arms are carred - so long as the right to carry a weapon is not prohibited. It's not always popular to be correct. Eh, sometimes I try to teach a little. Those of you who say the fight is in the legislature are eminently correct. I hope this gets passed. Could you take a look at the bill, it's been pointed out by some here that it doesn't actually include open carry and those people may well be correct in their assertion. http://www.flsenate.gov/Session/Bill/2015/0176/BillText/Filed/PDF http://www.flsenate.gov/Session/Bill/2015/4005/?Tab=Analyses My own law practice is limited to posting here on ARFcom. 
Thanks. |
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Posted: 2/19/2015 11:46:53 PM EDT
[#29]
Quote HistoryQuoted: It's not always popular to be correct. Quote HistoryQuoted: Quoted: Quoted: Quoted: This is the legally correct outcome, imo. The 2nd Amendment, consistent with the intent of the founders and the conditions surrounding its drafting, protects your right to carry a weapon for, amongst other things, self defense. At the time the 2nd Amendment was drafted, the manner in which arms were carried was regulated (in most places, concealed weapons were banned). The legislature can, consistent with the 2nd Amendment, place restrictions on the manner in which arms are carred - so long as the right to carry a weapon is not prohibited. It's not always popular to be correct. Point of fact, my right is infringed if I have to pay a fee and get approval beforehand. If I do not want to go through the concealed license process I cannot carry. Tax upon a Right, do not need approval to exercise a Right and all that jibba jabber And I believe, as I have read the new bill, that open carry will still require possession of a concealed carry license....am I right? I would argue that open carry is inferred within the 2nd and thereby protected while only concealed carry is susceptible to regulation |
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Posted: 2/20/2015 12:39:22 AM EDT
[#30]
Quote HistoryQuoted:
And I believe, as I have read the new bill, that open carry will still require possession of a concealed carry license....am I right? I would argue that open carry is inferred within the 2nd and thereby protected while only concealed carry is susceptible to regulation Thats cool and all, and you can believe what you want, but Florida's 'shall issue' system does not infringe on your right to keep and bear arms. Thats the law, and I think its correct. |
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Posted: 2/20/2015 12:41:33 AM EDT
[#31]
Quote HistoryQuoted:
Could you take a look at the bill, it's been pointed out by some here that it doesn't actually include open carry and those people may well be correct in their assertion. http://www.flsenate.gov/Session/Bill/2015/0176/BillText/Filed/PDF http://www.flsenate.gov/Session/Bill/2015/4005/?Tab=Analyses My own law practice is limited to posting here on ARFcom.
Thanks. Interesting bill. It clearly says that CCW holders can't CCW or open carry in [the same places we can't CCW now, except for colleges]. Ok so, we can't OC in certain places. Can we OC everywhere else? |
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Posted: 2/20/2015 6:37:28 PM EDT
[#32]
Quote HistoryQuoted:
Interesting bill. It clearly says that CCW holders can't CCW or open carry in [the same places we can't CCW now, except for colleges]. Ok so, we can't OC in certain places. Can we OC everywhere else? Quote HistoryQuoted:
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Could you take a look at the bill, it's been pointed out by some here that it doesn't actually include open carry and those people may well be correct in their assertion. http://www.flsenate.gov/Session/Bill/2015/0176/BillText/Filed/PDF http://www.flsenate.gov/Session/Bill/2015/4005/?Tab=Analyses My own law practice is limited to posting here on ARFcom.
Thanks. Interesting bill. It clearly says that CCW holders can't CCW or open carry in [the same places we can't CCW now, except for colleges]. Ok so, we can't OC in certain places. Can we OC everywhere else? The bill, currently, does nothing but delete the location restriction on CWFL holders for college or university facilities. It will still be unlawful to carry a firearm openly anywhere, unless involved in one of the situations listed in 790.25(3). Plus it is still unlawful to carry a firearm on the property of any school. 790.115(2)(a). |
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Posted: 2/20/2015 9:06:20 PM EDT
[#33]
BRB........you'd best re-read that proposed statute.............it does provide, specifically, that the prohibition on open carry is deleted..............re-read it!
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Posted: 2/20/2015 11:44:48 PM EDT
[#34]
Quote HistoryQuoted:
BRB........you'd best re-read that proposed statute.............it does provide, specifically, that the prohibition on open carry is deleted..............re-read it! Please lead me to where it does that, because I just compared the wording of the proposed campus carry bill with the existing statute and these words are exactly the same in both with no changes whatsoever. 790.06 License to carry concealed weapon or firearm.— (12)(a) A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into: |
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Posted: 2/21/2015 12:01:25 AM EDT
[#35]
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BRB........you'd best re-read that proposed statute.............it does provide, specifically, that the prohibition on open carry is deleted..............re-read it! You are the one that needs to re-read it. 
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Posted: 2/21/2015 2:33:25 PM EDT
[#36]
Try again BR!
The opening paragraph clearly states that 790.06 is amended to DELETE the prohibition on CC licensees from OPENLY carrying a handgun.......goes on to address the educational institutions permiting the cc in EI's. The language is quite clear, you just have to read it closely. The operative word in that paragraph is OR! Quite a clever way of tackling two issues with one bill. Hopefully it'll be a go. |
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Posted: 2/21/2015 4:01:11 PM EDT
[#37]
Quote HistoryQuoted:
Try again BR! The opening paragraph clearly states that 790.06 is amended to DELETE the prohibition on CC licensees from OPENLY carrying a handgun.......goes on to address the educational institutions permiting the cc in EI's. The language is quite clear, you just have to read it closely. The operative word in that paragraph is OR! Quite a clever way of tackling two issues with one bill. Hopefully it'll be a go. You're out of your depth here. The opening paragraph is simply an attempt to explain the intent of the law to ignorant legislators. It does not have any effect on the actual language being amended. Even if it did say what you think it says (and it does not) it would be meaningless, because the only thing the bill does is eliminate college/university facilities from the list of restricted locations for CWFL holders. And there is still that pesky statute: 790.053. Please explain how 790.053 will be changed by this bill. 
Or 790.115(2)(a).
The only reason the open carry language is contained in 790.06, was because of the effort a few years ago to repeal 790.053, so the antis wanted to make sure that (currently non-existent) licensed open carry had the same location restriction as concealed carry. |
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Posted: 3/5/2015 11:14:17 AM EDT
[#38]
We aren't even close to being done with the Norman case.
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Posted: 3/5/2015 11:26:45 AM EDT
[#39]
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We aren't even close to being done with the Norman case. Eh, good luck though. |
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Posted: 3/5/2015 12:06:05 PM EDT
[#40]
Motion for rehearing or rehearing en banc.
https://www.floridacarry.org/images/stories/norman/Norman_Mtn_Rehearing.pdf |
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Posted: 3/8/2015 3:23:12 AM EDT
[#41]
Quote HistoryQuoted:
I missed the sections regarding open carry could you provide a link or source? Thanks. Never mind.... Found it. The bill seems to have been amended and now includes general open carry as well as campus carry. Thanks for the heads up. http://www.flsenate.gov/Session/Bill/2015/0176/BillText/Filed/PDF 2-00398-15 2015176__ A bill to be entitled An act relating to licenses to carry concealed weapons or firearms; amending s. 790.06, F.S.; deleting a provision prohibiting concealed carry licensees from openly carrying a handgun or carrying a concealed weapon or firearm into a college or university facility; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (a) of subsection (12) of section 790.06, Florida Statutes, is amended to read: 790.06 License to carry concealed weapon or firearm.— (12)(a) A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into: 1. Any place of nuisance as defined in s. 823.05; 2. Any police, sheriff, or highway patrol station; 3. Any detention facility, prison, or jail; 4. Any courthouse; 5. Any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; 6. Any polling place; 7. Any meeting of the governing body of a county, public school district, municipality, or special district; 8. Any meeting of the Legislature or a committee thereof; 9. Any school, college, or professional athletic event not related to firearms; Page 1 of 2 CODING: Words stricken are deletions; words underlined are additions. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2-00398-15 2015176__ 10. Any elementary or secondary school facility or administration building; 11. Any career center; 12. Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; 13. Any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; 13.14. The inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or 14.15. Any place where the carrying of firearms is prohibited by federal law. Section 2. This act shall take effect July 1, 2015. Quote HistoryQuoted:
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If any of you had bothered to read the 'campus carry' bills that were just approved by both house and senate committes you'd find that open carry IS included therein. And truly, Marion may have fumbled last time out, but that old lady has some real muscle when it comes to the Florida Legislature............hopefully the proposed bill will pass and Scott will sign it. I missed the sections regarding open carry could you provide a link or source? Thanks. Never mind.... Found it. The bill seems to have been amended and now includes general open carry as well as campus carry. Thanks for the heads up. http://www.flsenate.gov/Session/Bill/2015/0176/BillText/Filed/PDF 2-00398-15 2015176__ A bill to be entitled An act relating to licenses to carry concealed weapons or firearms; amending s. 790.06, F.S.; deleting a provision prohibiting concealed carry licensees from openly carrying a handgun or carrying a concealed weapon or firearm into a college or university facility; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (a) of subsection (12) of section 790.06, Florida Statutes, is amended to read: 790.06 License to carry concealed weapon or firearm.— (12)(a) A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into: 1. Any place of nuisance as defined in s. 823.05; 2. Any police, sheriff, or highway patrol station; 3. Any detention facility, prison, or jail; 4. Any courthouse; 5. Any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; 6. Any polling place; 7. Any meeting of the governing body of a county, public school district, municipality, or special district; 8. Any meeting of the Legislature or a committee thereof; 9. Any school, college, or professional athletic event not related to firearms; Page 1 of 2 CODING: Words stricken are deletions; words underlined are additions. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2-00398-15 2015176__ 10. Any elementary or secondary school facility or administration building; 11. Any career center; 12. Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; 13. Any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; 13.14. The inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or 14.15. Any place where the carrying of firearms is prohibited by federal law. Section 2. This act shall take effect July 1, 2015. I don't think this authorizes General Open Carry, I think it is addressing currently permissible Open Carry in Florida which is allowed while going to, participating in and coming from a fishing, hunting or camping expedition. If it does, I would sure like to see it spelled out as such in the bill. |
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Posted: 3/8/2015 10:15:58 AM EDT
[#42]
The open carry language in 790.06 is a complete nullity. It is leftover language from a 2011 attempt to pass licensed open carry. The attempt to legalize open carry with a license was derailed by a poorly drafted, last minute, floor amendment that stripped the operative open carry language from 790.06(1) but left intact the prohibitive language in 790.06(12)(a). See 2011 SB 234.
As it stands today, the concealed carry licensing law does not allow open carry except for brief exposure of an otherwise concealed firearm. The license also does not allow open or concealed carry in the prohibited places listed in 790.06(12)(a). Legally speaking, the reference to open carry in 790.06(12)(a) is completely redundant and only still there due to the bad drafting of the aforementioned floor amendment that gutted the 2011 bill. |
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Posted: 3/8/2015 11:02:54 PM EDT
[#43]
Quote HistoryQuoted:
The open carry language in 790.06 is a complete nullity. It is leftover language from a 2011 attempt to pass licensed open carry. The attempt to legalize open carry with a license was derailed by a poorly drafted, last minute, floor amendment that stripped the operative open carry language from 790.06(1) but left intact the prohibitive language in 790.06(12)(a). See 2011 SB 234. As it stands today, the concealed carry licensing law does not allow open carry except for brief exposure of an otherwise concealed firearm. The license also does not allow open or concealed carry in the prohibited places listed in 790.06(12)(a). Legally speaking, the reference to open carry in 790.06(12)(a) is completely redundant and only still there due to the bad drafting of the aforementioned floor amendment that gutted the 2011 bill. You know, if people just read my posts and accepted them as fact (because...well, you know.....) these threads would be much shorter. 
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Posted: 3/16/2015 11:51:43 PM EDT
[#44]
Any updates?
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Posted: 3/17/2015 11:17:05 AM EDT
[#45]
How open carry is not able to pass in this state (especially after the last election) is very baffling. I heard Pam Bondi has something to do with it, any truth to that?
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Posted: 3/17/2015 8:37:39 PM EDT
[#46]
Quote HistoryQuoted:
Eh, sometimes I try to teach a little. Those of you who say the fight is in the legislature are eminently correct. I hope this gets passed. Quote HistoryQuoted:
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This is the legally correct outcome, imo. The 2nd Amendment, consistent with the intent of the founders and the conditions surrounding its drafting, protects your right to carry a weapon for, amongst other things, self defense. At the time the 2nd Amendment was drafted, the manner in which arms were carried was regulated (in most places, concealed weapons were banned). The legislature can, consistent with the 2nd Amendment, place restrictions on the manner in which arms are carred - so long as the right to carry a weapon is not prohibited. It's not always popular to be correct. Eh, sometimes I try to teach a little. Those of you who say the fight is in the legislature are eminently correct. I hope this gets passed. Except show another RIGHT which you have to pay to use. |
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Posted: 3/18/2015 4:11:58 AM EDT
[#47]
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If open carry is truly dead, it's because the GOP wants it so. Republicans control the executive and both houses of the legislature. "Sorry, ma disney overlords said NO!" |
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Posted: 3/18/2015 4:15:00 AM EDT
[#48]
Quote HistoryQuoted:
The 2nd Amendment, consistent with the intent of the founders and the conditions surrounding its drafting, protects your right to carry a weapon for, amongst other things, self defense. At the time the 2nd Amendment was drafted, the manner in which arms were carried was regulated (in most places, concealed weapons were banned). The legislature can, consistent with the 2nd Amendment, place restrictions on the manner in which arms are carred - so long as the right to carry a weapon is not prohibited. Quote HistoryQuoted:
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This is the legally correct outcome, imo. The 2nd Amendment, consistent with the intent of the founders and the conditions surrounding its drafting, protects your right to carry a weapon for, amongst other things, self defense. At the time the 2nd Amendment was drafted, the manner in which arms were carried was regulated (in most places, concealed weapons were banned). The legislature can, consistent with the 2nd Amendment, place restrictions on the manner in which arms are carred - so long as the right to carry a weapon is not prohibited. I understand the argument. Others say that the right to carry openly is specicially proteceted by the 2nd, not the right to carry any other way. I dunno. But that is beside the point that the state has the understanding that being licenses is only an "affirmative defense" and a cop can quite arbitrarily take you to jail for your firearm being exposed if he wants to be a dick. |
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Posted: 3/18/2015 4:23:00 AM EDT
[#49]
Quote HistoryQuoted:
Motion for rehearing or rehearing en banc. https://www.floridacarry.org/images/stories/norman/Norman_Mtn_Rehearing.pdf good luck. that was the black guy in the wife beater? Probably good he is black but would have been better was he more...professional looking. Keep up the good work guys |
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Posted: 3/24/2015 6:26:37 PM EDT
[#50]
Quote HistoryQuoted:
We aren't even close to being done with the Norman case. We are all very grateful of your efforts. We've watched the oral arguments and remain dumbfounded as to how the Court reached their conclusion. I also like your reference to Jim Crow in the rehearing petition- very true and generally understated- no open carry, but pay $100+ for concealed. |
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