Right Hooks

Florida Court Upholds Bearing Arms Outside Home

Feb. 19, 2015

The Florida Court of Appeal held Wednesday in Norman v. State that the Second Amendment protects the right to carry a firearm outside the home. “After Heller I, McDonald, and [other recent rulings],” the court ruled, “it is clear that a total ban on the public carrying of ready-to-use handguns outside the home cannot survive a constitutional challenge under any level of scrutiny.” The ruling quoted Peruta v. County of San Diego, in which the Ninth Circuit Court (yes, that Ninth Circuit) said a right is essentially “destroyed [if the] exercise of [that] right is limited to a few people, in a few places, at a few times.” The Florida court did uphold the right of states to determine the manner of carry (open or concealed): “The Legislature is permitted to regulate the manner in which arms are borne for the purpose of maintaining public peace and safety, so long as any such regulation leaves available a viable carry mode.” The court also didn’t handle the question of limits to where a gun can be carried – only that the overall right extends outside the home. We’re glad to see another court rule in favor of the Second Amendment – it’s an encouraging trend. More…

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