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Florida News November 23, 2024 4 mins read

Florida Justices Uphold Ban On Open Carry

Florida News ı By USA Herald

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Norman, who was represented by attorney Eric Friday of the Second Amendment group Florida Carry, then took the case to the 4th District Court of Appeal before ultimately going to the Supreme Court.

Pariente's majority opinion traced issues in the case to a 1987 law that authorized the state to issue concealed-weapons licenses. She wrote that lawmakers also passed a separate measure that year barring people from openly carrying firearms.

The majority opinion drew a distinction between the Florida open-carry ban and the U.S. Supreme Court's decision in the Washington, D.C. case and another case involving gun laws in Chicago. She wrote that unlike those laws, "which completely banned the possession of handguns in one's home, Florida's open carry law regulates only how firearms are borne in public."

"Because this law does not amount to an entire ban on a class of guns or completely prohibit the bearing of firearms in public and does not affect the right to keep arms in one's home … we conclude that Florida's open carry law does not severely burden the right," Pariente wrote.

Canady, however, pointed to the long period of time between the 1987 legislation and the U.S. Supreme Court decision in the 2008 case, known as District of Columbia v. Heller.

"More to the point, the Legislature decided that the sacrifice of open carrying was a necessary and appropriate response to the public opposition generated by the passage of the concealed-carry law," Canady wrote. "But the legal landscape has now dramatically shifted. Heller has settled that the Second Amendment protects the right of individuals to keep and bear arms. And Heller's historical analysis points strongly to the conclusion that the individual right includes the right to carry arms openly in public."

Thursday's ruling came five days before the start of the 2017 legislative session, which is expected to include a series of debates about gun rights. Lawmakers last year did not pass a proposal that would have allowed people with concealed-weapons licenses to openly carry firearms.

--END--
3/2/2017

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