In January the Florida Attorney General’s Office filed an extraordinary petition to the Florida Supreme Court in an attempt to prohibit the 4th District Court of Appeals from exercising its jurisdiction to review the conviction of Dale Norman and the questions certified by the trial court about the constitutionality of Florida’s ban on Open Carry. This action was taken by the AG’s office after it lost a protracted legal battle attempting to keep the case from being heard by the Court of Appeals.
Today the FL Supreme Court ruled:
The petition for writ of prohibition is hereby denied because petitioner has failed to demonstrate that a lower court is attempting to act in excess of its jurisdiction. See Mandico v. Taos Constr., Inc., 605 So. 2d 850 (Fla. 1992); English v. McCrary, 348 So. 2d 293 (Fla. 1977). Any motions or other requests for relief are hereby denied.
This victory clears the way for the 4th DCA to fully review the conviction of Mr. Norman and the constitutionality of Florida’s Open Carry Ban.
Similar Open Carry Bans laws have previously been found to be unconstitutional in multiple other states. Mr. Norman’s attorney is Florida Carry, Inc. Lead Counsel Eric J. Friday. Mr. Norman’s brief on the issues of this case will be filed with the 4th DCA by Monday, April 22, 2013.