For updates prior to February 3, 2017, and for more case details including a video of the arrest, click here.
It has been 257 days since the Florida Supreme Court heard oral arguments in this case!
Here is an article expressing my view of what transpired during the oral argument before the Florida Supreme Court.
Norman v. State is a Florida Open Carry case.
Well, the oral arguments in Norman v. Florida did not go well.
Don’t be surprised if the Florida Supreme Court upholds the Open Carry ban under what it calls intermediate scrutiny. The state’s attorney could not provide any procedural law justification for the ban other than to say that the Open Carry ban is a “policy choice” of the Florida legislature. Simply stating that something is a “policy choice” does not survive even intermediate scrutiny. It does not even survive the lowest level of scrutiny if the person challenging the law proves that the law was arbitrary, irrational, the need for enacting the law in the first place no longer exists, or that the law has triggered a requirement that it be subject to heightened scrutiny (such as adversely affecting a protected class).
Florida Supreme Court Granted Petition to Hear the Appeal
The Oral Arguments can be Viewed Online at http://wfsu.org/gavel2gavel/
Oral Arguments took place at 9:00 a.m., Wednesday, June 8, 2016 Eastern Time (the Court is located in Tallahassee ).
One hopeful sign that the Florida Supreme Court will grant the petition to hear this case is that this case is listed on the High Profile page at the Florida Supreme Court website. The bad news is there are eight appeals on the high profile list ahead of this case dating back as far as October 16, 2014. We probably have a long wait ahead of us before this case is resolved.
It is an appeal of a criminal conviction for violating Florida’s Open Carry ban enacted in 1987.
Norman lost before a Florida appeals court and has now petitioned the Florida Supreme Court to reverse the decision.
Here is a link to the Florida Supreme Court docket.
Update February 3, 2017, by Charles Nichols – President of California Right To Carry – Norman’s attorney filed a notice of supplemental authority to the recent 7th circuit decision in Ezell II.