Petition for Rehearing Denied on April 13, 2017
It has been 17 days since the petition for a rehearing was denied.
It had been 42 days since the decision in this case was published until the petition for rehearing was denied!
For updates prior to February 3, 2017, and for more case details including a video of the arrest, click here.
267 Days After the Florida Supreme Court Held Oral Arguments in this Case it Upheld Florida’s Open Carry Ban.
We Now Have Our First SCOTUS Rule 10 Split Since the McDonald Decision was Published in 2010.
But a Rule 10 split is not necessary when a lower court issues a decision which is in direct defiance of a Supreme Court decision which the Massachusetts Supreme Court did in a Second Amendment case (Caetano). In the Caetano case a unanimous US Supreme Court (8-0) reversed and remanded a unanimous Massachusetts high court decision. Even those justices who oppose the Second Amendment do not take kindly to lower courts thumbing their nose at them.
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, where he lost on March 3, 2017.
Here is a link to the Florida Supreme Court docket.
Update April 13, 2017, by Charles Nichols – President of California Right To Carry – The Florida Supreme Court today denied the petition for rehearing. A cert petition, or a request to extend the filing deadline, must be filed with the US Supreme Court within 90 days.
Update April 3, 2017, by Charles Nichols – President of California Right To Carry – The pdf of the State of Florida Response to Motion for Rehearing is now online.
Update March 31, 2017, by Charles Nichols – President of California Right To Carry – The docket shows that a response to the motion for a rehearing was filed. There is no pdf available on the docket. The clock does not start ticking on the time to file a cert petition until the decision is final.
Update March 23, 2017, by Charles Nichols – President of California Right To Carry – On March 16, 2017, a motion for rehearing was filed.
Update March 2, 2017, by Charles Nichols – President of California Right To Carry – 267 Days After the Florida Supreme Court Held Oral Arguments in this Case it Upheld Florida’s Open Carry Ban. We Now Have Our First SCOTUS Rule 10 Split Since the McDonald Decision was Published in 2010.
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.