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February 19, 2015

Florida Court Upholds Bearing Arms Outside Home

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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