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The
Below Comments Relate to this Newslink:
FL: Florida Supreme Court upholds ban on openly carrying guns
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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The Florida Supreme Court found the state’s ban on openly carrying handguns constitutional, raising the stakes for open carry laws under consideration in the Legislature this year.
In its 4-2 decision, the Florida Supreme Court agreed with an appeals court ruling that found Florida’s gun laws do not violate the constitution because a person’s right to self-defense is not infringed by restricting firearms to being hidden away.
The case began in 2012 when Fort Pierce resident Dale Lee Norman received his concealed carry license and, the same day, openly carried his firearm in a holster as he walked down the street. |
| Comment by:
PHORTO
(3/3/2017)
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This decision stands on shaky ground, because while the SCOTUS has recognized the power of states to regulate concealed carry with permits (technically defining concealed carry as a privilege), the fact is that bearing arms is a fundamental RIGHT, not a privilege, and the government cannot exact requirements to exercise fundamental rights (see: poll taxes and literacy tests for voting). Since obtaining a concealed carry permit, de facto, requires government permission, it cannot satisfy the free exercise of the RIGHT.
Depending on the makeup of the SCOTUS when this realization finally reaches the Court, one would reasonably expect this particular jurisprudence to be reversed. |
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| QUOTES
TO REMEMBER |
| That the said Constitution shall never be construed to authorize Congress to infringe the just liberty of the press or the rights of conscience; or to prevent the people of The United States who are peaceable citizens from keeping their own arms... — Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, at 86-87 (Pierce & Hale, eds., Boston, 1850). |
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