Miami Legal Tips Blog

Case Could Overturn ‘Open Carry’ Ban

Case Could Overturn ‘Open Carry’ BanA legal fight being waged by a Fort Pierce man could result in overturning a Florida law that has been in effect for quite some time. The outcome – which centers on Florida’s ban on openly carrying a firearm – hinges on a decision from a judge in the 4th Circuit of Appeal.

Some background, courtesy of WPTV of West Palm Beach: The man at the heart of the case, Dale Lee Norman, was walking along the sidewalk of a bustling city street in February 2012. Police dash-cam video from that time clearly shows that Norman’s firearm was exposed. Norman’s attorney, Eric Friday, points out that Norman had a concealed weapons permit but did not realize that the gun had been unintentionally exposed.

A St. Lucie County court convicted Norman of openly carrying a firearm. Friday, who is based in Jacksonville, decided to appeal the conviction to the 4th District. As he explained to WPTV, “The issue is when the Second Amendment says a right to bear arms, what does that mean? Every court that’s looked at the issue has said that the concealed carry of arms is a privilege not a right.”

The attorney argues that the idea of ‘open carry’ amounts to a right. This despite the fact that Florida is one of five U.S. states that has a ban on the open carrying of firearms.

Bob Harvey, a local National Rifle Association instructor, hopes that Friday’s argument prevails. “We have certain rights because we live in America and those rights aren’t being honored right now here in Florida,” he says, adding, “When you have to have a license or a permit to carry, is it really a right or a permission’s slip? That’s what this case is all about.”

Other people, such as the co-founder of the Mothers Against Murderers Association, clearly disagree.

“When it comes to a point where it’s visible, that’s going to cause a problem,” says Artie Williams, whose 27-year-old nephew was gunned down and died a little more than a decade ago. “I think it gives the carrier an intimidation factor.”

There is currently no timetable for when a ruling in Norman’s case will occur.

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