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Florida Carry legal victory makes way for constitutional challenge to Open Carry Ban
- Thread starter StogieC
- Start date
77zach
Regular Member
I'm glad you're fighting for us Stogie, no other group is concerned for the RIGHT to bear arms in Florida. I just don't think OC has a solution kourt side. Or if it does, you'll be an old man.
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The best laid plans of mice and men...........
Forget the mouse, forget the lion.......be a tiger......a really BIG one. Let them know you're in the room and that it is better to feed you than fight you.
press1280
Regular Member
How long does Norman have to appeal to the FL Supremes? And how quickly do they decide whether or not to hear the appeal?
The motion for rehearing will be filed by March 5th. There are multiple legal grounds for rehearing and appeal.
77zach
Regular Member
There is now a split. 7th says CWFL is a privilege, the 4th in Norman says it is a right. In bizarre world, kourts get away with this oxymoron, but only with the right to bear arms. A "judge" in NY recently said you have a right to be banned from having a gun at all.
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77zach
Regular Member
If we think the 4th will rehear and reverse, I have beautiful ocean front property in Arizona for sale.... I assume this is a required step for SC appeal?
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ixtow
Founder's Club Member
This.
There's only one way you're ever getting the Right to Bear Arms in Floriduh, and you're all too much of a bunch of excuse making pansies to do it.
Working within a rigged system won't get you anywhere. The Judicial Branch of Floriduh is among the most corrupt on the planet, much less the country.
Keep pushing it this way and your children will go missing. That's how these people operate. They're Statist Liberals to the bone. No soul, no shame, no remorse for what they do. Satan himself looks up to them and wishes he could be so evil.
ixtow
Founder's Club Member
Lets hear it then.
You guys are looking more and more like the NRA... You don't listen. But you also don't care... Just trying to collect by looking busy. If you actually win the fight, then who will donate? Keep the illusion of a fight alive... Make sure you don't ever win. Make sure that you keep people hopeful even when there clearly is none... Look busy, get paid.
This case, among others, is clear proof that the "brief" clause added wasn't good enough. Citizens are still attacked and successfully persecuted by the rogue judiciary. The filth have proven it themselves. You have no traction in the Judicial Branch. Definitely not in this fed circuit... Did you even ask about filing in the legislative in this session?
You're barking up a dead tree with nothing in it, and you know it. But, boy oh boy, you sure look busy, so in the trenches fighting the fight... You're not even trying. Pursuing the Judicial route is a known waste of time and always was. Worst, you already knew that and did it anyway just to look busy and collect. Making up work that you know isn't going to go anywhere. I know it. You know it. Only the rubes who donate are clueless enough to be taken advantage of...
I ended that sentence with a preposition.
I called this 3 years ago. I'm just repeating what I said then.
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ixtow
Founder's Club Member
It looks like a duck.
Is smells like a duck.
It quacks like a duck...
Your words are as useless as mine.
Yep
77zach
Regular Member
It looks like a well intentioned group donating its time and money to me.
For many bad reasons OC is not a priority for many people, including those members that the NRA represents, I don't think it's a vast conspiracy, our OC ban is just an unfortunate symptom of a larger problem and I think most other OC states are just more fortunate. I don't think that Alabama, Colorado, or Virginia are more pro gun than Florida. I think their statutory and litigation histories aligned to preserve the right.
I do agree that the kourts will not provide relief here. They're anti gun and trying to convince antis otherwise is harder than herding cats on meth.
Licensed OC that isn't grounds for a stop and I'll be happy. Permitless carry will eventually come by legislation if the national trend continues.
press1280
Regular Member
When you say rehearing do you mean before the same panel, or like an en banc, or to the state supreme court.
press1280
Regular Member
Appeal to the next highest court can be simply because you lost, and the court (in your opinion) got it wrong. Getting REhearings because of error aren't common. It could be some change in the legal landscape (like a higher court rules in a way that cripples the lower court opinion), or like en banc where a larger panel of judges vote to re hear because of the extraordinary nature of the case, or the opinion conflicts with that court's precedents (or another Federal Circuit for instance).
77zach
Regular Member
As I said above, there is a split in Florida circuit courts. Another appeals court in Florida said that buying a CWFL is a privilege. The 4th, in Norman, said buying a CWFL and carrying concealed is a right. This is a conflict and one function of the SC is to resolve circuit splits. It sounds like Fl Carry thinks that the court's failure to address key portions of their argument qualifies as other legal grounds....I guess we'll find out March 5th.
I thought of another way to illustrate why the case is doomed. When a typical government judge reads the constitution this is what they see: "The right of the people to keep and bear arms shall not be Destroyed."
Not only that, Florida has a throat slitting addendum: "The right of the people to keep and bear arms shall not be Destroyed, except that the manner of bearing arms may be regulated by law." Thus, any infringement short of complete destruction is allowed. Indeed, this is what they said in their unanimous opinion affirming Mr. Norman's conviction.
If it wasn't for that poisoned dependent clause at the end, you could still make the argument that the OC ban is not narrowly tailored. With nearly 40 states having unlicensed open carry with no public safety concerns whatsoever, what compelling government interest is being served? None at all.
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WalkingWolf
Regular Member
Florida is pro gun YANKEE!
Like most yankees they confuse guns for their purpose with second amendment. This is why OC frightens the Florida legislature and the courts. New Jersey yankees move to Fl to retire they bring their NJ money, and attitudes. Over the years they have done a good job through the media of convincing the rest of the residents that blood will run in the streets if OC is legal.
Yankees like to own guns, on their terms, it has always been that way. They could care less about the constitution, as long as they can move to Floriida buy a pink shirt and off white sport coat and play Sonny Crocket, or Tubbs. I saw it when I lived there. The TV show helped shape the gun image in Florida.
This is why it is so important we make people understand that CC by permit is NOT 2A. The courts have wrongly ruled that 2A is about self defense, it is not, and never should have been perverted. It is about having the tools to keep governments from controlling the people. Which is exactly where we have ended up. The conceal carry only fools have brought this on us. The NRA has brought this on us.
Self defense is a right, just not a 2A right, it is covered by those rights not enumerated. It is important that people interpret, and read the constitution as it was written. As much as the NRA has tried, and successfully to separate the 2A into two separate phrases they are tied together, and reveal the purpose for the right of the people to keep and bear arms. It is not about hunting, it is not about self defense, it is not about collecting. It's sole purpose was to protect the people from our own government as well as those governments outside our border. Sorry, but if (general) you cannot grasp that YOU are part of the problem.
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Want your conceal carry self defense rights argue them using "Roe V Wade". The ruling paved the way for the right to decide for yourself your security, and the privacy to do so. The problem is so called conservatives hate pro choice so much they are not willing to accept the ruling that will never go away. I am not wild about abortion as birth control, but the ruling supports conceal carry as a right. The second does not. Separate the two CC and OC, and we have a chance of having both unfettered.
I am not against CC as right, just argue it with the right amendment. Let OC stand on it's own and for the purpose it was intended. Once OC is gained without government meddling politicians will gladly make CC available because OC scares them more. And it should, it is the purpose of the second amendment.
Those black panthers would have never been able to frighten the CA legislature if they hid their guns in their coats. They failed that battle but they did not lose, they did pave the way for an attitude that the constitution means what it says it means. The purpose of the second IS to intimidate the government, and keep them in check.
Like most yankees they confuse guns for their purpose with second amendment. This is why OC frightens the Florida legislature and the courts. New Jersey yankees move to Fl to retire they bring their NJ money, and attitudes. Over the years they have done a good job through the media of convincing the rest of the residents that blood will run in the streets if OC is legal.
Yankees like to own guns, on their terms, it has always been that way. They could care less about the constitution, as long as they can move to Floriida buy a pink shirt and off white sport coat and play Sonny Crocket, or Tubbs. I saw it when I lived there. The TV show helped shape the gun image in Florida.
This is why it is so important we make people understand that CC by permit is NOT 2A. The courts have wrongly ruled that 2A is about self defense, it is not, and never should have been perverted. It is about having the tools to keep governments from controlling the people. Which is exactly where we have ended up. The conceal carry only fools have brought this on us. The NRA has brought this on us.
Self defense is a right, just not a 2A right, it is covered by those rights not enumerated. It is important that people interpret, and read the constitution as it was written. As much as the NRA has tried, and successfully to separate the 2A into two separate phrases they are tied together, and reveal the purpose for the right of the people to keep and bear arms. It is not about hunting, it is not about self defense, it is not about collecting. It's sole purpose was to protect the people from our own government as well as those governments outside our border. Sorry, but if (general) you cannot grasp that YOU are part of the problem.
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Want your conceal carry self defense rights argue them using "Roe V Wade". The ruling paved the way for the right to decide for yourself your security, and the privacy to do so. The problem is so called conservatives hate pro choice so much they are not willing to accept the ruling that will never go away. I am not wild about abortion as birth control, but the ruling supports conceal carry as a right. The second does not. Separate the two CC and OC, and we have a chance of having both unfettered.
I am not against CC as right, just argue it with the right amendment. Let OC stand on it's own and for the purpose it was intended. Once OC is gained without government meddling politicians will gladly make CC available because OC scares them more. And it should, it is the purpose of the second amendment.
Those black panthers would have never been able to frighten the CA legislature if they hid their guns in their coats. They failed that battle but they did not lose, they did pave the way for an attitude that the constitution means what it says it means. The purpose of the second IS to intimidate the government, and keep them in check.
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