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MarkB:
--- Quote from: Paladin4CA on October 13, 2014, 05:49:56 AM ---
--- Quote from: Condition 1 on October 10, 2014, 12:13:23 AM ---There is a distinction between OCing and your weapon being exposed because of the wind blowing your shirt, etc.
--- End quote ---
Norman v. State (FL) is the case of a law abiding concealed carry licensee who was arrested and prosecuted in Fort Pierce, FL for violating Florida nearly complete ban on Open Carry after his otherwise lawfully carried handgun unknowingly became unconcealed while walking down the street the first time he carried outside his home with his new Florida concealed carry license.
A St. Lucie County Judge denied all constitutional arguments to dismiss the case against Dale Norman. While the court made findings that the statute is overbroad and is facially vague, the court still issued a conviction on a “as applied” standard.
The County Court judge also did not fully consider the Second Amendment or the Right to Bear Arms under the Florida Constitution; denying those motions to dismiss the case because the question of the right to bear arms "is for someone above the level of this court."
From:
http://www.floridacarry.org/index.php/litigation-32/21-statecourt/70-norman-v-state
--- End quote ---
This is interesting. The case is ongoing and will be heard by the 4th District Court of Appeals 0n Nov. 6, 2014. I think the lower court judge didn't want to make a controversial ruling and bounced it to the 4th DCA. I don't know when the ruling will come down but it bears watching.
Cbmarine:
Stating the obvious. If you travel out of the state of DE, follow OGG's example and research the laws of the states you will visit, and carry a copy to show those who may be ill-informed. IIRC, handgunlaw.us is the gold standard.
Condition 1:
This is VERY interesting with direct impact to CCW holders. Good post, thanks for sharing.
Paladin4CA:
--- Quote from: Paladin4CA on October 13, 2014, 05:49:56 AM ---
--- Quote from: Condition 1 on October 10, 2014, 12:13:23 AM ---There is a distinction between OCing and your weapon being exposed because of the wind blowing your shirt, etc.
--- End quote ---
Norman v. State (FL) is the case of a law abiding concealed carry licensee who was arrested and prosecuted in Fort Pierce, FL for violating Florida nearly complete ban on Open Carry after his otherwise lawfully carried handgun unknowingly became unconcealed while walking down the street the first time he carried outside his home with his new Florida concealed carry license.
A St. Lucie County Judge denied all constitutional arguments to dismiss the case against Dale Norman. While the court made findings that the statute is overbroad and is facially vague, the court still issued a conviction on a “as applied” standard.
The County Court judge also did not fully consider the Second Amendment or the Right to Bear Arms under the Florida Constitution; denying those motions to dismiss the case because the question of the right to bear arms "is for someone above the level of this court."
From:
http://www.floridacarry.org/index.php/litigation-32/21-statecourt/70-norman-v-state
--- End quote ---
Oral arguments in this case are just about to begin in FL. If you are interested, you can watch live streaming at:
http://www.4dca.org/video.shtml
The briefs are at:
http://www.4dca.org/calendar/briefs/Nov%202014/11-06-14/11-06-14.shtml
Adrenolin:
The Florida issue is a state issue. Not saying it's not interesting but their laws differ then here in Delaware. Here, we're protected by our laws if a concealed weapon is accidentally exposed by the wind, reaching up, etc. Some states don't allow for accidental exposure at all.
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