The U.S. Supreme Court has refused to hear a case that challenges the state of Florida’s ban on openly carrying a firearm in public. With a refusal to hear the case, the ban on openly carrying firearms remains in place in the state of Florida.
The Challenge
Dale Norman and a second amendment group challenged the constitutionality of the ban against open carry. Norman was arrested in February 2012 for openly carrying his gun in his holster in public. Even though Norman had a license to legally carry a concealed weapon, that license does not apply to carrying the gun in a way that is visible in public.
The Argument
Norman and his attorneys claimed that the Florida ban on open carry is a violation of the second amendment, which states that people have a right to bear arms, and Norman and his supporters think this right should extend to carrying a weapon outside of the home in a visible way.
The state of Florida argued that the ban is not against the rights protected by the second amendment because people have a right to carry a firearm in a concealed manner if they possess a license in the state of Florida.
Florida Ban Stands
The Florida Supreme Court upheld the ban on open carry, and that ruling now stands due to the U.S. Supreme Court’s refusal to hear the case.
Florida Firearm Open Carry Laws
As it stands today, it is illegal in the state of Florida to carry your firearm in a way that is visible in public. If you own a firearm and choose to carry it outside your home, you must have a concealed weapons permit from the state, or a license from another state that is recognized by the state of Florida.
If you expose your concealed weapon, you may be charged with a second-degree misdemeanor, which can be punishable by jail time and fines.
Carrying a firearm is a big responsibility. If you choose to own and carry a weapon, it’s important that you understand all the laws associated with that responsibility. If you are accused of a crime with a firearm, it’s critical that you contact a criminal criminal defense attorney. Your attorney can help you understand the charges against you.
References:
Saunders, J. (2017, November 27). Florida fight over open-carry gun law won’t be heard by U.S. Supreme Court. Retrieved November 29, 2017, from http://www.orlandosentinel.com/news/politics/political-pulse/os-supreme-court-open-carry-20171127-story.html
Elias, D. (2017, November 28). Supreme Court upholds Florida’s open-carry ban. Retrieved November 29, 2017, from http://www.nbc-2.com/story/36945056/supreme-court-upholds-floridas-ban-on-open-carry-laws
(2017, November 29). Retrieved November 29, 2017, from http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0790%2FSections%2F0790.053.html