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Norman v. State
Florida Supreme Court
215 So. 3d 18 (2017)
The State of Florida (plaintiff) enacted a statute making open carry of firearms a second-degree misdemeanor. Florida residents could still obtain a license to carry firearms, but this was limited to concealed carry. Dale Lee Norman (defendant) was arrested after walking with a handgun that was holstered at his hip and not covered by clothing. At trial in county court, Norman moved to dismiss and challenged the constitutionality of the open-carry statute in light of the right to bear arms found in both the Florida Constitution and the Second Amendment to the United States Constitution. Norman also contended that strict scrutiny was the appropriate standard of review. The jury convicted Norman and the court denied his motion to dismiss. However, the question of constitutionality was certified to the court of appeal, which found the statute to be constitutional. Norman then appealed to the Florida Supreme Court.
Rule of Law
Holding and Reasoning (Pariente, J.)
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