Florida open carry case tests recognition of bearing arms :: 12/11/2014

A conviction being contested in Florida’s Fourth District Court of Appeal will challenge the state’s recognition of the meaning of the right to bear arms, NBC’s WPT5 in West Palm Beach reported Monday. Unknown to him at the time of his arrest in 2012, concealed carry permit holder Dale Lee Norman’s gun was exposed to view resulting in his conviction for open carrying, a decision now being challenged on Second Amendment grounds.

Florida law does not provide for open carry of handguns except in limited cases, such as while hunting, camping and fishing. At the heart of the legal issue is prior precedent declaring concealed carry a privilege, Norman’s attorney Eric Friday, who is also lead counsel for the statewide grassroots gun rights group Florida Carry, maintained. With open carry prohibited, there is no legally-recognized right to bear arms, a situation that directly contradicts the U.S. and Florida constitutions. Dale Lee Norman is arrested by Fort Pierce, Fla. police for open carrying a gun.

Among those opposing Norman’s challenge is Artie Williams of Mothers Against Murderers, who says the practice “gives the carrier an intimidation factor.” As prohibited persons may not possess a gun without being in violation of the law, just who lawful gun owners might be intimidating, aside from those intent on victimizing others, is not clear.

The anti-gun group’s website notes it was founded “in memory of ... Torrey Donnell Manuel, who lost his life due to a senseless act of violence.” Further explanations on the circumstances of that act are not provided, nor is any further clarifying information apparent from search engine results. Co-founder Angela Williams maintains “she also lost 13 additional family members to gun violence in Palm Beach County, Florida.”

That there may be solutions to prevent similar losses that don’t involve the state depriving law-abiding gun owners of their rights is left unstated. “Gun violence,” without further examination of individual circumstances, is a broad term, and identifying the factors contributing to the cited family losses might shed light on superior alternatives.

For its part, Florida Carry continues to support and promote Norman in his appeal. The group has established a Norman v. State resource page to give background on the case, including providing access to many of the filings, as well as an interesting side trip of sorts explaining how “the Florida Attorney General's Office filed an extraordinary motion with the Florida Supreme Court attempting to prohibit the Fourth District Court of Appeals from hearing the case.” The page also links to online donation and membership forms so that gun owners can support the group’s legal, legislative, educational and outreach efforts, allowing Florida Carry to continue its work and to expand its influence.