Posted on 03/03/2017 6:26:50 AM PST by John S Mosby
PDF of the FL Supreme Court
https://efactssc-public.flcourts.org/casedocuments/2015/650/2015-650_disposition_138062.pdf
https://efactssc-public.flcourts.org/casedocuments/2015/650/2015-650_disposition_138062.pdf
Got a hint as to what the ruling was?
In its 4-2 decision, the Florida Supreme Court agreed with an appeals court ruling that found Florida’s gun laws do not violate the constitution because a person’s right to self-defense is not infringed by restricting firearms to being hidden away.
It ruled against open carry.
If judges continued to rule against the constitution they swore to uphold, that could be “judicial misconduct” at an impeachment hearing to have that justice removed. If congress had the spine to do it.
A Bill to legalize open carry was stopped last year by, of course, a Democrat Committee chairman. He was kicked out of office when he lost the election on November 8th. The tide may be turning.
The new Bill is up for consideration when the Legislators convene.
The dissent was written by Charles Canady, who before he joined the FL Supreme Court was the Congressman from my district, 20 years ago. I only met him once, at an award ceremony (shameless chest-pounding alert: my son won the award, district-wide essay contest on the Constitution), but his wife, before she became his wife, was one of my ethics students. He has been nothing but an honorable man his whole life, as far as I can tell. Also, he has been writing dissents ever since the SCOFL became 4-3 liberal; like SCOTUS, the justices are appointed for life, and Gov. Scott has only been able to appoint one SCOFL justice during his two terms.
Lifetime appoints are really a spin of the roulette wheel. Some are winners and others are embarrassing loser.
Lifetime appointments are really a spin of the roulette wheel. Some are winners and others are embarrassing loser.
(fixed it)
Except that I do not know of anyone ever appointed for life to a court who came in as liberal and “evolved” into a conservative; it’s always the other way around.
Unfortunately, the guy was a Republican, not a Den. He lost his seat in last year’s election. Unfortunately we seem to keep re-electing these activist judges.
We have come full circle in the gun debate. This from the state constitution for Louisiana:
Louisiana: The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person. Art. I, § 11 (enacted 1974).
Several states constitutions’ specifically prohibit concealed carry, but allow open carry. Now the courts are saying concealed carry is better than open carry.
Here is the supreme court ruling on the legality of (basically) prohibiting the ownership of a short barreled shotgun:
The Second Amendment protects only the ownership of military-type weapons appropriate for use in an organized militia.
Remember the argument against ARs is...they are too much like a military weapon!
Unfortunately, people just don’t know that there are such opposing verdicts, but it does expose how those who wish to curtail our rights can twist the laws to suit their purpose.
Thanks for mentioning the Dissenting judge. Looks like his dissent starts on page 47. I like reading the dissents in these cases first.
Incorrect.
Six year terms, then eligible for retention for multiple terms, unless electorate declines to retain.
Not at all like SCOTUS.
In its 4-2 decision, the Florida Supreme Court agreed with an appeals court ruling that found Florida’s gun laws do not violate the constitution because a person’s right to self-defense is not infringed by restricting firearms to being hidden away.
You are correct; my bad. I checked my source much too perfunctorily. Thank you.
“If congress had the spine to do it.”
Therein lies the problem
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