While California Senator Dianne Feinstein was filing a bill in the U.S. Senate to ban millions of privately owned firearms, Florida Attorney General Pam Bondi’s office filed documents attempting to have the Florida Supreme Court prohibit a Florida appellate court from hearing the case of Dale Norman, a concealed carry licensee who was convicted of violating Florida’s ban on the unconcealed carry of firearms.
In Florida, it is generally unlawful to carry a firearm except under the state’s concealed carry licensing laws. The Florida courts have consistently ruled that concealed carry is not a right protected by the Second Amendment, but only a privilege which is granted at the whim of the Legislature.
The County Court Judge who issued the lower court ruling in the Norman trial called the law “vague” and possibly unconstitutional. He went on to certify the case’s constitutional issues as “Questions of Great Public Importance” to be reviewed directly by the 4th District Court of Appeals because they “affect millions of Floridians”. Subsequently a federal appellate court ruled in Moore v. Madigan that the Second Amendment’s guarantee of the Right to Bear Arms protects a person’s right to carry a firearm outside the home for self-defense and other lawful purposes.
The Florida Attorney General is now attempting to convince the Florida Supreme Court to prohibit a three-judge panel at the appellate court from exercising its jurisdiction to review the constitutionality of the “Open Carry” ban law and to review the judgment and sentencing imposed on Mr. Norman.
The applicable Florida rules of appellate procedure demand that “If the district court of appeal accepts the appeal, it will decide all issues that would have been subject to appeal…”.
“We have not seen a Florida Attorney General take such drastic anti-Second Amendment positions since 1987 when Bob Butterworth fought tooth and nail against concealed carry licensing”, said Florida Carry, Inc. Executive Director Sean Caranna. “We’ve previously spoken to staffers at the highest level of Bondi’s office to be sure that they were aware of the impact this case has on the right to bear arms. This is an attempted end-run around the Constitution that she swore an oath to protect.”
Why is the Attorney General devoting so many tax payer dollars to defending Dale’s $500 fine and misdemeanor criminal conviction for violating the Open Carry ban? We truly hope that we are wrong, but it appears that upholding the Second Amendment is a bridge too far for Pam Bondi.
Dale Norman’s Attorney Eric J. Friday said, “We will continue to fight to ensure that Dale Norman gets his day in Court. The lower court judge made it clear that he felt this case should be addressed by the DCA. Since the Moore v. Madigan decision, there is no constitutional basis for Florida’s open carry ban.”
We at Florida Carry urge the Attorney General to withdraw this attack on the Right to Bear Arms and concede that the complete ban on carrying is unconstitutional.
AG Filing to FL Supreme Court: State v. Norman – Writ of Prohibition
Response: State v. Norman – Motion to Strike or Deny Writ of Prohibition
Does anyone have a sense of what the Hell she is up to? What is going on in the Republican administration, they all changing parties or something?
John, there is no difference between the Republicans and the Democrats. They are both corrupt and both work for the Banks and Corporations and don’t give a damn about the people or the Constitution. It’s important you know this so you won’t be so surprised when the Republicans sell you out again and again.
Who ever puts the most money in the right pockets are the ones who get what they want!
THE FLORIDA REPUBLICAN PARTY , NEEDS TO GET INLINE WITH THE NRA…. PAM BONDI GET ON BOARD WITH THE NRA … OR GET OUT.
Dear Ms. Bondi,
I hope someone point you in a differing direction and drop the suit. This point of conceal carry/ open carry, should and is a right that is guaranteed in the second amendment. When the words, “BARE ARMS”, where do you think it means to bare them? No where does it state where and where not to bare them. It is up to the individual. Wonder how many policemen if you searched would have the second weapon strapped to their leg or somewhere that is out of sight and also have one strapped to their side. You do realize that we FACE THE SAME DANGERS as a police person. Might not as when pulling someone over in a car or in a drug bust, but as to walking or driving around.
Time to vote her a$$ out!!!
The Florida courts have consistently ruled that concealed carry is not a right protected by the Second Amendment, but only a privilege which is granted at the whim of the Legislature. It is a God given right, not a privileged.
In Florida “Open Carry is lawful while engaged in, or going directly to and from, lawful Target Shooting, Hunting, Fishing and Camping expeditions.” Open Carry refers to the act of carrying a firearm in plain sight. In Florida, you can legally open carry a loaded firearm while engaged in, or going to and from, Fishing, Hunting, and Camping. With some planning and preparation, a law abiding person can open carry a firearm in public and stay in compliance with the law.
Is there a web site or place where we can petition or write or something, to tell her we’re opposed to this?
There must be some sort of feedback. We’re bombarding our federal representatives and senators about the Feinstein gun bans. We need to bombard her.
What a shame. I thought she had promise, and potential to be great.
Florida needs an open carry law…no guess work involved for anyone… The bad guys will probably think twice seeing weapons openly carried…
First Bondi tried to impose romneycare on us to enslave us. And now she is conspiring to trample on the US constitution. Who voted for this traitor in the first place?http://www.youtube.com/watch?v=SF2YB4pGrjk
Ok, but the general government has no legitimate authority to regulate weapons (2nd Amendment) and such powers are therefore reserved the states (10th Amendment). Article 1, Section 8 of the Florida state constitution reads:
“The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.”
As much as I’d like to see no prohibition on open carry in Florida, they clearly have the authority to “regulate by law” the “manner of bearing arms.”
Well, I don’t expect her to get any support from use in her 2014 re-election bid. Hopefully a viable opponent will rise to the occasion.
Does the executive, Rick Scott, have any say over what Bondi fights or doesn’t? He said he is all for open carry. I mean, he did appoint her right?
Really hope we get OC through the legislature while we know we still have a governor who will sign it.
Speaking of the governor, doesn’t he have any say about what she does considering he hired her?