Challenge Heard to Florida’s Open Carry Ban

The ban is argued to be a Constitutional violation

the state of Florida in outline

Florida, one of only five states that does not allow the open carry of weapons in public, is reconsidering that stance. The Florida Supreme Court heard arguments Wednesday from a gun-rights group on behalf of a man, Dale Norman, arrested four years ago while walking with a visibly holstered weapon. Norman was licensed for concealed carry at the time.

Florida attorney Eric Friday, who is pro-open carry, argued that the states’ law against open carry violates the Second Amendment, which is widely interpreted to allow people to openly carry guns.

The Florida newspaper the Sun-Sentinel quotes Friday as saying, “Quite frankly, the Legislature at this point has deprived citizens of the substantive right to bear arms.”

Some justices who heard the arguments commented that open carry created a “wild west” atmosphere that may undermine public safety. Justice Charles Canady countered that public safety may be better served by allowing open carry. Court records show that lawmakers continued to reply in a tit-for-tat about which stance best serves public safety.

In February 2015, a lower court upheld Norman’s original conviction.  A Supreme Court decision to this new challenge is expected later this summer.