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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 |
| The right of the people to keep and bear arms shall not be infringed.' The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right. [Nunn vs. State, 1 Ga. (1 Kel.) 243, at 251 (1846)] |
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