Floridians’ Last Chance to Get Open Carry Through the Courts is Dead

States with open carry laws in the United States

The US Supreme Court refused to take up the court case of Norman v. Florida, officially ending the fight for open carry for the Sunshine State via the judiciary. The case had its beginning when Fort Pierce resident Dale Lee Norman was arrested in February, 2012 for inadvertently when his t-shirt rode up over his holstered handgun. Mr. Norman, who had a concealed-weapons license, was found guilty of a second-degree misdemeanor. The judge imposed a $300 fine and court costs.

The grassroots gun rights group Florida Carry subsequently challenged the constitutionality of the state’s longstanding ban on openly carrying weapons. Both Florida’s 4th District Court of Appeals and State Supreme Court ruled against Mr. Norman.

In a petition for certiorari filed with the U.S. Supreme Court, Mr. Norman’s attorneys, lead by Eric Friday of Florida Carry, pointed to landmark rulings such as Heller and McDonald, arguing that the right to openly bear arms exists outside of homes.

“The Second Amendment provides in part that `the right of the people to keep and bear arms, shall not be infringed.’ This guarantees not only the right to `keep’ arms, such as in one’s house, but also to `bear arms,’ which simply means to carry arms without reference to a specific place. When the Framers intended that a provision of the Bill of Rights related to a house, they said so,” said the petition, filed in July and posted on the Florida Carry website.

But attorneys for the state under the direction of Florida Attorney General Pam Bondi (R), argued in a brief that the ban on openly carrying firearms doesn’t violate Second Amendment rights, as people can carry concealed weapons if they’re licensed.

“This [U.S. Supreme] Court has never held that the Second Amendment protects a right to openly carry firearms in public, and the reasoning set forth in pertinent case law supports the proposition that states fully accommodate the right to bear arms when they make available to responsible, law-abiding citizens some meaningful form of public carry,” the state’s brief said. “That is precisely what Florida has done here. Thus, Florida’s law is valid under any arguably applicable analytical framework.”

The only avenue open to open carry in Florida now is the legislative process. But pro-gun bills have been blocked every year with the Republican controlled House and Senate smothering pro RKBA bills in committee.

Florida Senator Greg Staube won't introduces his open carry bill until 2018

As reported earlier, Senate Judiciary Chairman Greg Steube, a Sarasota Republican and prominent gun-rights supporter, said he doesn’t plan to file the open carry bill that he himself submitted for the 2018 legislative session, which starts in January.

The reason is that two turncoat Republicans on the committee — Anitere Flores (R) and Rene Garcia — who have sided with the civilian disarmament industry in blocking the bill’s progress.

Florida Republican Senator Anitere Flores is pals with Moms Demand Action

courtesy twitter.com

So Floridians hoping to expand their Second Amendment rights have to wait until at least the November 2018 election to hopefully get some new faces in the legislature before any progress is possible.

comments

  1. avatar ATFAgentBob says:

    And Florida has finally achieved a deep purple. If I were a Floridian I would start doing my homework for a replacement to the rinos.

    1. avatar Geoff PR says:

      Florida was red enough in Nov. 2016 to give us a Trump presidency.

      And with that, a proper Scalia replacement…

      1. avatar ATFAgentBob says:

        Uh huh well it would seem they just ain’t red enough to protect their basic civil rights to self defense.

      2. avatar Mark N. says:

        Some of us believe that the court is now split 4-4, and the fifth vote is uncertain for either side. Hence, neither side wants to take the risk that the other side persuades the swing vote, Justice Kennedy, to vote their way.

        1. avatar Geoff PR says:

          I’ll call SCOTUS dead to us, RTKBA wise, if Kennedy is replaced by Trump, and the Court then elects not to grant cert. with good, solid 2A rights cases presented to them.

          Until then, do your part and keep feeding those challenge cases into the appeal pipeline, people…

  2. avatar st381183 says:

    This Court.seems.unwilling to address these issues for some reason. I wonder why?

    1. avatar ATFAgentBob says:

      Because politicians and judges are no longer beholden to the people they alledgedly serve.

  3. avatar little horn says:

    what a stupid bitch. she just called a bill dangerous. why is it that they fixate on inanimate objects as dangerous all the while never looking at the person behind the acts. god what morons.

  4. avatar Kyle says:

    Is Florida joining the rest of coastal states in the “Time to leave” category?

    1. avatar neiowa says:

      Fl has been the conman/shyster paradise for a LOOOOOONG time. No winter season seams to keep Darwin from his rounds in Fl and many other locals.

  5. avatar FedUp says:


    But attorneys for the state under the direction of Florida Attorney General Pam Bondi (R), argued in a brief that the ban on openly carrying firearms doesn’t violate Second Amendment rights, as people can carry concealed weapons if they’re licensed.

    Tell that to Mr Norman, who was convicted of suffering a wardrobe malfunction while carrying concealed with the license the AG’s office was bragging about.

    1. avatar WhiteDevil says:

      So infringing on an individuals open bearing of arms is not infringement. Got it. The state sponsored thug that arrested Mr. Norman needs an ass beating. These laws would have no teeth if it weren’t for the scum that constantly abrogate their oath because “they’re just doing their job.” No, your not doing your job by arresting people and enforcing draconian and plainly unconstitutional laws.

      1. avatar Guardiano says:

        I’m graduating a municipal police academy in PA next week. A friend of mine in the academy and I were discussing how we’re going to make “terrible cops” because we plan on not enforcing a bunch of BS or unconstitutional laws. I will tell you all right now, I will never ever charge a firearms offense, either state or federal, unless the subject is guilty of another, more worthy felony along with the weapon charge.

      2. avatar drunkEODguy says:

        I generally don’t harp too much on Cops enforcing laws, BTDT; but seriously, this is some speed trap level BS right here. When you approached a man, and he shows you a CC license and said he was concealed and his shirt rode up, what the hell possess you to arrest and charge. Pretty inexcusable petty chicanery. I hate to resort to lefty-isms, but sounds like I might be a case of penile preclusion on the part of this officer.

        1. avatar LarryinTX says:

          I agree completely. He should have never been cited, the rest is BS.

  6. avatar Andrew Lias says:

    While this is bad for Florida, where does it leave California? The way their decision was phrased, that’s pretty perilous territory for them.

  7. avatar Nanashi says:

    I know there’s more turncoats waiting when those two are bypassed. Took me forever to get a response from Tom Leek’s office and his staff admitted he supports gun free zones and the NFA.

  8. avatar neiowa says:

    Those demanding MOMS need to demand brown paper bags.

  9. avatar Ing says:

    “This [U.S. Supreme] Court has never held that the Second Amendment protects a right to openly carry firearms in public…”

    In other words, you only have the rights that judges and legislators LET you have.

  10. avatar Chadwick says:

    Since when is a permit required to open carry in Utah? I’ve never heard of this nor have I ever had that permit. The last I heard you could open carry with a round 2 actions from firing(racking slide, and pulling trigger, etc) without any permit.

    1. avatar Jason says:

      You are correct. “Utah allows unlicensed open carry of a firearm that is at least 2 actions from firing. For example, a semi-auto may have a full mag but the chamber must be empty. Permit holder may open carry as well, but their firearms may be fully loaded.”
      Maybe they marked it as permit required because you need one to carry a fully loaded gun.

  11. avatar Ralph says:

    POTG never cease to amaze. We all say that we cannot rely on the G to keep us safe, and so we must take responsibility for our own safety and protection. In the same breath we all expect SCOTUS to keep us safe and protect our rights even though the courts, even SCOTUS, are all part of the same hypocrisy.

    Protect your own rights. The courts are not our friend and they are not there to help us. Courts exist to exercise the power of the state and nothing more. In 35 years of legal practice, I’ve learned that much for sure.

    1. avatar uncommon_sense says:

      Ralph,

      I would state is slightly differently:

      “Courts exist to exercise provide an air of legitimacy to the power of the state and nothing more.”

  12. avatar JD says:

    The state thinks people need to ask permission and pay a tax to exercise a protected right. I would like to ask Pam Bondi how she would argue that before the court if they did it for voter registration.

  13. avatar GS650G says:

    Funny how open carry is legal in Delaware specifically because it’s not illegal. I wonder how the Left missed that.

  14. avatar uncommon_sense says:

    There is no way in the world that the large amusement parks are going to allow open carry in Florida: they are convinced it will scare away countless millions of tourists and cost them countless billions of dollars.

    Getting back to Ralph’s comment above, the courts exist to carry out the bidding of entities with deep pockets.

  15. avatar Nunyah says:

    I was referred to this blog by a regular visitor to this sight. Evidently either he was wrong or I am not at the right location. I was wanting information on a handgun for self defense, this site seems to be a place to vent and opinionize, with nothing directly related to the practicality of one handgun over another. Also here’s a tidbit of information, ranting on issues of anything on just the web is useless, you’ve got to get out there and physically do something. Write letters, protest the Cocks not Glocks. As the antis set up actual visible, media attracting protest, it seems here advocates of firearms wage war by typing opinions to each other.????? Is a Makarov 9 mm as good as a 380 was all I’m looking for, the truth about guns is the truth about opinionated politics. another bigot related web site, like how many more do I need

    1. avatar Scoutino says:

      “Is a Makarov 9 mm as good as a 380?”
      Now thats question of opinion. In my humble opinion it is not as good, it’s better. But nowhere near .40 s&w. ☺

  16. avatar Marcus says:

    A small loss for FL given it has a great concealed carry process at Tax Offices and open carry should be more of a last resort if you’re not allowed concealed carry. Cant say the same for CA where the entire state now is a gun free zone.

  17. avatar Aaron M. Walker says:

    Well, hope you folks start to restructure your states political representatives! And bounce all these RINO-Globalists out of office! Make sure you get behind someone who can do the same for you! We need to start Jailing activist judges that FAIL their juridical duties to uphold Constitutional Law !

  18. avatar LarryinTX says:

    Nunyah, look at the top of the home page, there is a link to TTAG’s gun reviews. I know, it’s confusing at first, but the info you want *is* here.

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