State's High Court Asked To Consider Law On Carrying Guns
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TALLAHASSEE (CBSMiami/NSF) - A man arrested in 2012 for packing a pistol has asked the Florida Supreme Court to take up a constitutional challenge to a state law that prevents people from openly carrying firearms.
Attorneys for Dale Norman, who was arrested in Fort Pierce while openly carrying a gun in a holster, filed a brief last week with the Supreme Court.
The 4th District Court of Appeal in February upheld the state law, finding that it does not "destroy the core right of self-defense enshrined in the Second Amendment" and in part of the Florida Constitution that guarantees the right to keep and bear arms. Also, the appeals court pointed to the ability of people to get concealed-weapons permits.
But in the brief filed last week, Norman's attorney argued, in part, that the law violates "substantive due process" rights. "Under the decision, a person's right to bear arms has been nullified unless and until the person goes through a licensing procedure to regain their right to bear arms. The U.S. Supreme Court has rejected this argument and held that the right to bear arms is a substantive guarantee that cannot be denied merely by creating a procedure for the recovery or exercise of the right."
The News Service of Florida contributed to this report.