Florida court upholds ban on openly carrying gun

[Baitball Blogger]

TALLAHASSEE — In what judges described as a first-of-its-kind case, an appeals court Wednesday upheld a Florida law that prevents people from openly carrying firearms, finding that the restriction does not violate the constitutional rights to bear arms.

The ruling by a three-judge panel of the 4th District Court of Appeal stemmed from the 2012 arrest in Fort Pierce of Dale Norman, who was carrying a gun in a holster. A jury found Norman guilty of a second-degree misdemeanor charge, leading to the appeal on constitutional grounds.

The appeals court said the state law 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 it pointed to the ability of people to get concealed-weapons permits.

The ruling described the case as presenting a question of "first impression" about whether the Second Amendment forbids the state from banning the open carrying of firearms while allowing people to carry concealed weapons under a permitting system. In legal terms, a question of "first impression" indicates a first-of-its-kind decision.

http://www.orlandosentinel.com/news/politics/os-openly-carrying-firearms-ban-20150218-story.html