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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 |
I do believe that where there is a choice only between cowardice and violence, I would advise violence. Thus when my eldest son asked me what he should have done had he been present when I was almost fatally assaulted in 1908 [by an Indian extremist opposed to Gandhi's agreement with Smuts], whether he should have run away and seen me killed or whether he should have used his physical force which he could and wanted to use, and defend me, I told him it was his duty to defend me even by using violence. Hence it was that I took part in the Boer War, the so-called Zulu Rebellion and [World War I]. Hence also do I advocate training in arms for those who believe in the method of violence. I would rather have India resort to arms in order to defend her honor than that she should in a cowardly manner become or remain a helpless witness to her own dishonor. — Mohandas K. Gandhi, Young India, August 11, 1920 from Fischer, Louis ed.,The Essential Gandhi, 1962 |
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