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Florida Supreme Court will hear challenge to Florida open carry ban

Mike

Site Co-Founder
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May 13, 2006
Messages
8,710
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Fairfax County, Virginia, USA
http://www.abcactionnews.com/news/open-carry-gun-law-debated

SNIP

TAMPA - The state law banning gun owners from openly carrying there weapons is heading to court. The Florida Supreme Court is now agreeing to hear a challenge to the ban. At the same time, a Polk County politician is making some progress changing the law in the state legislature.

. . .

[Most states already allow the open carry of properly holstered handguns without needing a permit. See map at http://www.opencarry.org/?page_id=103.
 
Last edited:

StogieC

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Nov 22, 2009
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744
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Florida
Docket: http://jweb.flcourts.org/pls/docket/ds_docket?p_caseyear=2015&p_casenumber=650

The other thread has turned more into a discussion of the open carry and campus carry bills in the 2016 legislature so, I'll update this thread.


  • Everytown for Gun [SUP]S[/SUP][SUB]eizures[/SUB][SUP]afety[/SUP] has moved to file Amicus in support of the state (after the court denied Mississippi Carry's motion to file Amicus in support of Mr. Norman) - more to follow soon.
  • The Attorney General filed the State's Answer today.
 

rightwinglibertarian

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Mar 22, 2014
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All this dancing around to do something you're already allowed to do. When will people understand that there can be no valid law contrary to the Constitution. It cannot (legally) be enforced and attempts to do so should result in the citizen using the self defence laws of their state to nullify the threat to their safety and possesions
 

StogieC

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Nov 22, 2009
Messages
744
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Florida
All this dancing around to do something you're already allowed to do. When will people understand that there can be no valid law contrary to the Constitution. It cannot (legally) be enforced and attempts to do so should result in the citizen using the self defence laws of their state to nullify the threat to their safety and possesions
Tell that to the guy who is currently serving 60 days in jail for violating Florida's OC ban.
 

California Right To Carry

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Norman files his opposition to Everytown motion to become Amicus

Meanwhile, today Norman filed a well written opposition to the motion by Everytown for Gun Safety which is seeking to become an Amicus.

You can read it here.
 

rightwinglibertarian

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Tell that to the guy who is currently serving 60 days in jail for violating Florida's OC ban.
Why did he allow himself to be assaulted and kidnapped? Florida has self defense laws. I'm pretty sure the threat of being assaulted and kidnapped is more than enough reason to use force

776.012 Use or threatened use of force in defense of person.—
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
Clearly resisting an assault and kidnapping could easily result in death so this is justified

776.032 Immunity from criminal prosecution and civil action for justifiable use or threatened use of force.—
(1) A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
An officer violating his oath to the Constitution and following unconstitutional statutes is not performing official duties, he is being a criminal trying to assault, rob and kidnap a citizen
 

hammer6

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Oct 11, 2008
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1,422
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Florida
Why did he allow himself to be assaulted and kidnapped? Florida has self defense laws. I'm pretty sure the threat of being assaulted and kidnapped is more than enough reason to use force



Clearly resisting an assault and kidnapping could easily result in death so this is justified



An officer violating his oath to the Constitution and following unconstitutional statutes is not performing official duties, he is being a criminal trying to assault, rob and kidnap a citizen


yeah, open fire on one of 19 cops surrounding you. let me know how that turns out.
 

ixtow

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Joined
Nov 25, 2006
Messages
5,038
Location
Suwannee County, FL
The use of reasonable force is OK...but I'm an unreasonable man, so I can use any force I assume.
"The reasonable man adapts himself to the conditions that surround him... The unreasonable man adapts surrounding conditions to himself... All progress depends on the unreasonable man." - George Bernard Shaw
 

77zach

Regular Member
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Feb 5, 2007
Messages
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Location
Marion County, FL
Meanwhile, today Norman filed a well written opposition to the motion by Everytown for Gun Safety which is seeking to become an Amicus.

You can read it here.
Strong words in support of open carry by the NRA. Unfortunately, this court will not listed and take the opportunity to trash the right to bear arms as much as possible.
 

ixtow

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Joined
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Messages
5,038
Location
Suwannee County, FL
Why did he allow himself to be assaulted and kidnapped? Florida has self defense laws. I'm pretty sure the threat of being assaulted and kidnapped is more than enough reason to use force

Clearly resisting an assault and kidnapping could easily result in death so this is justified

An officer violating his oath to the Constitution and following unconstitutional statutes is not performing official duties, he is being a criminal trying to assault, rob and kidnap a citizen
There's this thing called a radio. They use it to call more pigs to come kill you. How many rights do you have as a corpse? Who was helped by you getting dead that way?

You talk a lot, but you clearly don't believe your own words or you'd be dead already...

We largely agree with you. But, your way doesn't work, and you know it, or you'd have done it.

If you're so right and believe in it so much, why don't you haul your happy butt down here, go around OCing until the pigs attack, and then "defend yourself." Hell, I'll give you a ride. Wherever you live, I'll come pick you up and bring you down here. Show us how it's done. On me! I've got a spare bedroom you can sleep in after you win your fight and put us all straight.
 

Grapeshot

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Joined
May 21, 2006
Messages
35,337
Location
Valhalla
--snipped--

You talk a lot, but you clearly don't believe your own words or you'd be dead already...

We largely agree with you. But, your way doesn't work, and you know it, or you'd have done it.

If you're so right and believe in it so much, why don't you haul your happy butt down here, go around OCing until the pigs attack, and then "defend yourself." Hell, I'll give you a ride. Wherever you live, I'll come pick you up and bring you down here. Show us how it's done. On me! I've got a spare bedroom you can sleep in after you win your fight and put us all straight.
A slice, a fragment of a fertile imagination.

It looks good on paper, but hard to construct a working model.
 

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
4,015
Location
Cincinnati, Ohio, USA
Why did he allow himself to be assaulted and kidnapped? Florida has self defense laws. I'm pretty sure the threat of being assaulted and kidnapped is more than enough reason to use force

Clearly resisting an assault and kidnapping could easily result in death so this is justified

An officer violating his oath to the Constitution and following unconstitutional statutes is not performing official duties, he is being a criminal trying to assault, rob and kidnap a citizen

There's this thing called a radio. They use it to call more pigs to come kill you. How many rights do you have as a corpse? Who was helped by you getting dead that way?

You talk a lot, but you clearly don't believe your own words or you'd be dead already...

We largely agree with you. But, your way doesn't work, and you know it, or you'd have done it.

If you're so right and believe in it so much, why don't you haul your happy butt down here, go around OCing until the pigs attack, and then "defend yourself." Hell, I'll give you a ride. Wherever you live, I'll come pick you up and bring you down here. Show us how it's done. On me! I've got a spare bedroom you can sleep in after you win your fight and put us all straight.
+1,000
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,172
Location
here nc
perhaps right-what- ever's thinking is what got him banned from the forum...

not sure the individual will be responding to your offers or commentaries as his former self...perhaps as a poltergeist?

ipse
 
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