Norman v. State (FL) is the case of a law abiding concealed carry licensee who was arrested and prosecuted in Fort Pierce, FL for violating Florida nearly complete ban on Open Carry after his otherwise lawfully carried handgun unknowingly became unconcealed while walking.

A St. Lucie County Judge denied all constitutional arguments to dismiss the case against Dale Norman. While the court made findings that the statute is overbroad and is facially vague, the court still issues a conviction on a “as applied” standard.

The County Court judge also did not fully consider the Second Amendment or FL Art.1 Sec. 8 question; denying that motion to dismiss the case because the question of the right to bear arms "is for someone above the level of this court."

The Second Amendment question is fairly straightforward; Florida courts have clearly acknowledged that the carrying of a concealed firearm is a privilege, subject even to being banned completely, not a right protected by the constitution. Florida appellate courts have held that the “Retroactive application of (new Florida Statutes), is not unconstitutional because a license to carry a concealed weapon or firearm is a privilege and not a vested right.” Crane v. Department of State, 547 So. 2d 266 (Fla. 1989).

The Florida Legislature and Supreme Court have long recognized that there is a right to bear arms outside of the home. The “privilege of a license to carry a concealed weapon or firearm” recognized in Crane cannot replace, or substitute for, the fundamental right guaranteed by the U.S. and Florida Constitutions.

The County Court has certified the constitutional questions directly to the 4th District Court of Appeals as questions of great public importance.  The DCA has accepted jurisdiction.

The Florida Attorney General's Office filed an extraordinary motion with the Florida Supreme Court attempting to prohibit the 4th District Court of Appeals from hearing the case. Mr. Norman's Attorney filed a motion to strike or deny the Attorney General's baseless motion. On April 19th, 2013 the Florida Supreme Court denied the AG's attempt to derail the appeal to the 4th DCA.

Florida Carry is providing for the continued defense of Dale Norman and seeks to clarify what the right to bear arms is in Florida. Please help us win this fight for your RIGHT to Bear Arms by joining Florida Carry or donating to our cause.

Docket Overview: Lower Court Case Number: 2012-MM-000530-A

St. Lucie County Clerk of the County Court

Lower Court Filings:

06/08/2012 Motion to Dismiss - OC Ban Unconstitutionally Vague

06/08/2012 Motion to Dismiss - OC Ban Violates Second Amendment and Art. 1 Sec. 8 FL Constitution

06/08/2012 Motion to Dismiss - OB Ban Unconstitutionally Proscribes Action without Mens Rea

08/22/2012 Lower Court's Written Order - Certified constitutional questions directly to the Florida 4th District Court of Appeals as matters of great public importance.

08/29/2012 Notice of Appeal

Docket Overview: Appellate Court Case Number:  4D12-3525
Florida Fourth District Court of Appeal Docket

Appellate Court Filings on Jurisdiction:

Docket Overview: Florida Supreme Court Case Number:  SC13-212
Florida Supreme Court Docket

Supreme Court Filings on Jursidiction:

Docket Overview: Appellate Court Case Number:  4D12-3525
Florida Fourth District Court of Appeal Docket

Appellate Court Filings on Merits: