For my Second Amendment homies out there, this is why Florida is Winning:
tldr: Florida's open carry law is deemed unconstitutional until another district in this state takes up the issue and certifies conflict to the supreme court of florida but technically not final until the appeal deadlines pass. We shall see what happens but this is a big win for personal sovereignty.
https://1dca.flcourts.gov/content/download/2457057/opinion/Opinion_2023-0533.pdf
cc: @Marty Bent @ODELL @npub1zqre...x6yw @Mark Sea @𝕾𝖊𝖗 𝕾𝖑𝖊𝖊𝖕𝖞
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Replies (17)
Utah has legal concealed carry without permit, and open carry as well.
Known as Constitutional Carry.
That's what we have, but now in fuller force.
Damn
Any idea how many states have this level where no permit is necessary for both open carry and concealed carry (constitutional carry)? I’ll check online but if you already have it…
I don't keep a list no, sorry but I'm sure there are enthusiast websites that keep that up to date.
"In sum, the historical record from the relevant period shows
that our Nation did not regard concealed carry and open carry as
interchangeable. The right to keep and bear arms did not extend
to the carrying of weapons in secret, which was regarded as the
practice of the cowardly and the disreputable and as incompatible
with the legitimate exercise of the right of self-defense. Open carry,
by contrast, was understood to be the manner of bearing arms that
gave full effect to the rights secured by the Second Amendment."
View quoted note →
I did not know that was a thing, and how cool is that—actually letting people carry concealed guns as protection from all sorts of trouble. You would think criminals would think twice before doing anything in those states.
To clarify, Florida currently prohibits open carry, so this would deem that prohibition to be unconstitutional, correct?
This is part of the idea. This opinion is really interesting though in how it distinguishes open from concealed carry from a historical perspective to reach its conclusion. It's a very well written opinion and worth reading if you're up for it.
Florida has a statute that prohibited open carry (though concealed was permissible) this Court has found it unenforceably unconstitutional so until something else happens that's the law in Florida now under the supreme court's holding in Pardo. It could change if another district court comes to a different decision and it has to go to the s.ct. of Florida but for now that's the law here.
Ok yea that was my understanding. Your original post didn’t specify what Florida’s open carry law was, so reading that it was deemed unconstitutional could sound like the courts ruled open carry to be unconstitutional if someone wasn’t aware. Thank you for clarifying good sir 🫡
This is the way 💪
I’ll read it when I get a few moments, but seeing your other post where you quote the historical perspective (being concealed carry was not protected under the constitution if I read it right) doesn’t that weaken the argument for concealed carry as a part of the 2A? I know I need to read the opinion before forming one of my own, but the 2A should be to any possession, concealed or not, regardless of others’ opinion of the visibility.
Anyway, this is the last ill post here until I read it.
I prefer concealed tbh but this is still a win
Whynotboth.gif
It was a good read, thanks again. The overarching point referenced about how concealed carry is separate and distinct from open carry in the 2A, and concealed carry can be regulated by states as “…absolutely necessary to counteract a vicious state of society…and to prevent…assassinations committed upon an unsuspecting persons.” I see as wrong, and falls back on the test of regulation of rights by future judges and societal benefits.
“Manly defense” of open carry is true, but so is the defensive value of concealed carry and not knowing if the person next to you is armed with the leveler or not.
But I am glad for McDaniels.