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Posts tagged "Brief and Open Display"

Open Carry Ban Upheld Against Second Amendment Challenge

On February 18, 2015, the Fourth District Court of Appeal decided the case of Norman v. State, 2015 WL 669582 (Fla. 4th DCA 2015). The defendant in Norman was arrested and charged with the offense of open carrying of a weapon, in violation of ยง790.053, Fla. Stat. (2012). He filed a motion to dismiss, which was denied by the trial court. However, the court certified three questions to the Fourth District Court of Appeal, all of which related to the constitutionality of Florida's open carry laws. Those questions were: (1) is Florida's statutory scheme related to the open carry of firearms constitutional; (2) do the exceptions to the prohibition against open carry constitute affirmative defenses to a prosecution for a charge of open carry, or does the State need to prove beyond a reasonable doubt that a particular defendant is not conducting himself or herself in the manner allowed; and (3) does the recent "brief and open display" exception unconstitutionally infect the open carry law by its vagueness?

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