April 24, 2013, 10:54 AM | #1 | ||
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Norman v. State (FL)
http://www.floridacarry.org/litigation
From the Florida Carry site: Quote:
http://www.ammoland.com/2013/04/fl-s...#axzz2RI8POuqS Quote:
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April 24, 2013, 12:54 PM | #2 |
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Very, very interesting case. First, one might think that the defendant's temporary, unintentional and presumably unknowing open display of his previously concealed firearm would have been covered by the exception in the statute and that a prosecutor acting in good faith would not have filed charges - but so this one did.
Which brings me to a second point - it is easy to paint states into "good" and "bad" labels with respect to their treatment of firearms owners, but this case proves the line is far more blurry than that. Even in Florida, which I think most of us would agree is in general a very gun-friendly state with fairly reasonable laws, all it takes is one lapse in judgement, however momentary, married to a perhaps overly-zealous prosecutor, to turn your life upside down. |
April 24, 2013, 12:57 PM | #3 | |
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One other thing:
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April 24, 2013, 01:03 PM | #4 |
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The one with the NFL logo, because he punted?
Though to be fair, I remember some of the same language in the SAFE act judicial action.. that some challenges were above that level of court, and had to be decided at a higher level or some such because of a precedent already set. |
April 24, 2013, 01:49 PM | #5 | |
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April 24, 2013, 04:25 PM | #6 | |
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I think the OC argument hangs on a technicality because previous law has stated that CC in Florida is a privledge Maybe CA10 will end up calling CCW a right since Florida is there already. I can't help but wonder how this jives with Peterson. |
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April 24, 2013, 05:52 PM | #7 |
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Very interesting, if they're able to get to the core rights question. This is apparently going to be in a different FL district than the 1989 case that said the CCW permit was a privilege. I guess the same rules apply in FL-appeals court splits get you to the high court.
It would be great to have the FL court weigh in on the scope of the 2A giving us more bites of the apple. |
April 24, 2013, 09:14 PM | #8 |
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Older cases, in Ohio and Idaho (?), have hinged on this same argument. In both cases the courts ruled that bearing arms is a right, so if the legislature wishes to limit and license concealed carry, then ipso facto open carry must be legal without any license or permit.
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April 25, 2013, 12:00 AM | #9 |
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Finally a case relevant to my state.
As I remember, a law was passed in Florida that a "brief, nonthreatening" glance of a concealed weapon is not illegal. Should be very interesting. A 21 year old in Florida can already get a concealed carry license, carry a handgun in a car (with one barrier such as a lid or even a snap on a holster), and carry a long gun anywhere in the car, even in plain view. If this ruled that open carry were a constitutional right (especially of long guns), we would be able to carry any weapon just about anywhere outside the house (gun free zones exempt). Not that I'm that hopeful but a very interesting case. Also, open carry in Florida is legal while doing or travelling between the following activities: Shooting at a range, hunting, fishing, or camping. |
April 25, 2013, 10:48 AM | #10 |
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Whoops, if it goes above the Florida courts, it would be CA11 not CA10.
My bad. |
April 25, 2013, 05:55 PM | #11 |
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If it goes to the FL supreme court it can be appealed to SCOTUS if there's a federal issue(2A and not FL's RKBA constitutional amendment).
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April 25, 2013, 08:58 PM | #12 |
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Idaho is "in re Brickley" (1902) http://www.guncite.com/court/state/70p609.html
Interestingly, OK constitution is worded almost exactly the same as Idaho's, Though OK came to the opposite conclusion. (in the 20's) |
April 25, 2013, 11:26 PM | #13 |
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press1280's opinion is correct.
Should this reach the Florida Supreme Court and that Court opines on a federal question, then it may be appealed to the SCOTUS. If however, the FL Court only opines upon the FL analog RKBA, then there is no federal question to appeal. We saw this back in 2001, with a Utah State case that was ultimately decided by the Utah Supreme Court on US 4A grounds (BRIGHAM CITY v. STUART, No. 20021004., February 18, 2005 - UT Supreme Court | FindLaw, 2005). This was appealed to the SCOTUS and decided in 2006. Here the SCOTUS overturned the State Court (BRIGHAM CITY v. STUART (No. 05-502) 2006). Here, even thought the Utah 4A analog was held to have better protection for individuals inside their homes, both the trial court, Appeals Court and the State Supreme Court held that an exigent circumstances was not in force, allowing Brigham City police to invoke a warrantless entry and arrest, based upon not the Utah analog, but the US 4A. Had the arguments been based solely upon the Utah rights, then the Utah Supreme Court would have had the final word. From my reading, this case is based upon both RKBA analogs and could result in an appeal to the SCOTUS. Since this is essentially a criminal case, I won't attempt to guess a probable outcome. |
April 25, 2013, 11:58 PM | #14 | |
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April 26, 2013, 08:38 AM | #15 | ||
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April 26, 2013, 08:43 AM | #16 | |
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April 26, 2013, 09:45 AM | #17 | |
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May 25, 2014, 10:10 AM | #18 |
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http://199.242.69.70/pls/ds/ds_docke...&psSearchType=
ORDERED sua sponte that jurisdiction is hereby relinquished to the trial court for the purpose of rendering a written judgment and sentence in accordance with its oral pronouncement of August 14, 2012; further ORDERED that the trial court shall file with this court said written judgment and sentence within thirty (30) days from the date of this order. Been over a year since the last post but the trial judge certified questions to the FL appeals court, the state tried to get the FL Supremes to stop it(which they refused to do), the appeals court then dispensed with oral arguments and then put the above statement out last week. I don't know if they're basically saying, go ahead setence Norman or they're telling the trial court to just make a ruling on the case, which wasn't done first time around. They have a month to make a ruling. Last edited by Al Norris; May 26, 2014 at 08:00 PM. Reason: Edited to correct link |
May 26, 2014, 09:15 AM | #19 |
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The appeals court is directing the lower court to rule on the consitutional question raised at trial............the lower court essentially ruled that such a question was "above it's pay grade".
Read the filings and casework on Florida Carry......utterly disgraceful tap dancing on the part of the Florida Atty Gnl's office delaying tactics. |
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