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For my Second Amendment homies out there, this is why Florida is Winning:

tldr: Florida's open carry law is deemed unconstitutional until another district in this state takes up the issue and certifies conflict to the supreme court of florida but technically not final until the appeal deadlines pass. We shall see what happens but this is a big win for personal sovereignty.

https://1dca.flcourts.gov/content/download/2457057/opinion/Opinion_2023-0533.pdf

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Discussion

FreedomTech 4mo ago

Utah has legal concealed carry without permit, and open carry as well.

Known as Constitutional Carry.

SuiGenerisJohn 4mo ago

That's what we have, but now in fuller force.

modulo 4mo ago

Any idea how many states have this level where no permit is necessary for both open carry and concealed carry (constitutional carry)? I’ll check online but if you already have it…

SuiGenerisJohn 4mo ago

I don't keep a list no, sorry but I'm sure there are enthusiast websites that keep that up to date.

modulo 4mo ago

I did not know that was a thing, and how cool is that—actually letting people carry concealed guns as protection from all sorts of trouble. You would think criminals would think twice before doing anything in those states.

SuiGenerisJohn 4mo ago

This is part of the idea. This opinion is really interesting though in how it distinguishes open from concealed carry from a historical perspective to reach its conclusion. It's a very well written opinion and worth reading if you're up for it.

modulo 4mo ago

I’ll read it when I get a few moments, but seeing your other post where you quote the historical perspective (being concealed carry was not protected under the constitution if I read it right) doesn’t that weaken the argument for concealed carry as a part of the 2A? I know I need to read the opinion before forming one of my own, but the 2A should be to any possession, concealed or not, regardless of others’ opinion of the visibility.

Anyway, this is the last ill post here until I read it.

modulo 4mo ago

It was a good read, thanks again. The overarching point referenced about how concealed carry is separate and distinct from open carry in the 2A, and concealed carry can be regulated by states as “…absolutely necessary to counteract a vicious state of society…and to prevent…assassinations committed upon an unsuspecting persons.” I see as wrong, and falls back on the test of regulation of rights by future judges and societal benefits.

“Manly defense” of open carry is true, but so is the defensive value of concealed carry and not knowing if the person next to you is armed with the leveler or not.

But I am glad for McDaniels.

Artur…qywr 4mo ago

This is the way 💪

SuiGenerisJohn 4mo ago

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Enki 4mo ago

Damn

SuiGenerisJohn 4mo ago

"In sum, the historical record from the relevant period shows

that our Nation did not regard concealed carry and open carry as

interchangeable. The right to keep and bear arms did not extend

to the carrying of weapons in secret, which was regarded as the

practice of the cowardly and the disreputable and as incompatible

with the legitimate exercise of the right of self-defense. Open carry,

by contrast, was understood to be the manner of bearing arms that

gave full effect to the rights secured by the Second Amendment."

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corndalorian 4mo ago

To clarify, Florida currently prohibits open carry, so this would deem that prohibition to be unconstitutional, correct?

SuiGenerisJohn 4mo ago

Florida has a statute that prohibited open carry (though concealed was permissible) this Court has found it unenforceably unconstitutional so until something else happens that's the law in Florida now under the supreme court's holding in Pardo. It could change if another district court comes to a different decision and it has to go to the s.ct. of Florida but for now that's the law here.

corndalorian 4mo ago

Ok yea that was my understanding. Your original post didn’t specify what Florida’s open carry law was, so reading that it was deemed unconstitutional could sound like the courts ruled open carry to be unconstitutional if someone wasn’t aware. Thank you for clarifying good sir 🫡

Mark Sea 4mo ago

I prefer concealed tbh but this is still a win

SuiGenerisJohn 4mo ago

Whynotboth.gif