Norman v. State

159 So. 3d 205 (2015)

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Norman v. State

Florida District Court of Appeal
159 So. 3d 205 (2015)

Facts

Florida (plaintiff) had a law prohibiting almost all individuals from openly carrying firearms in public. Florida also had a shall-issue concealed-carry law. Under this law, the state was required to issue a permit allowing a law-abiding individual to carry a concealed firearm in public if the individual applied and met the statute’s basic requirements. The legislature issued a policy statement that this regulatory system was intended to balance (1) the need to protect the public by preventing weapons from being used to commit crimes with (2) the need to allow law-abiding individuals to carry firearms for self-defense. Under the statutory system, even a person with a concealed-carry permit was not allowed to openly carry a firearm. At most, a person with a permit could briefly show a firearm openly if the showing was not intended to be threatening. Dale Norman (defendant) had a concealed-carry permit. Norman openly wore a firearm in full view while in public and was convicted of violating the state law against openly carrying a firearm. After Norman’s conviction, the trial court certified a question to the state appellate court, asking whether the law prohibiting openly carrying firearms in public violated the Second Amendment.

Rule of Law

Issue

Holding and Reasoning (Klingensmith, J.)

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