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Man in Florida sentenced for open carry

Discussion in 'The Okie Corral' started by FL Airedale, Aug 16, 2012.

  1. FL Airedale

    FL Airedale Dog Breath

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    This was a heated topic a couple of months ago. The man arrested in St. Lucie county Florida was sentenced. He was found guilty but got a pretty good deal IMO.

    08/14/2012 - : COURT MINUTES: DEFENDANT PRESENT IN OPEN COURT WITH ATTORNEY MINTON. ASA CHESNUTT PRESENT FOR THE STATE. JUDGE DENIES ALL DEFENSE MOTIONS. JUDGE SENTENCES DEFENDANT TO A WITHHOLD OF ADJUDICATION. DEFENDANT TO PAY $300.00 FINE,$15.00 SURCHARGE,$223.00 COURT COSTS,$25.00 COST OF INVESTIGATION,$50.00 COST OF PROSECUTION WITHIN 30 DAYS OR SET UP PAY PLAN. 30 DAYS TO APPEAL. WD/DC

    I don't know if he'll appeal or not. With the judge withholding adjudication, I'd be tempted to take that deal.
     
  2. certifiedfunds

    certifiedfunds Cosmopolitan Bias

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    I wish someone would pick this up and appeal it on Constitutional grounds.

    If the only way a citizen can carry is with a government permit there is no way for the citizen to exercise his 2A rights without government permission. That's a privilege, not a right. Ask the folks in Texas.
     
    Last edited: Aug 16, 2012

  3. FL Airedale

    FL Airedale Dog Breath

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    Me too but there are 2 problems with that.

    1. Money for the defense. That's the obvious one.

    2. Right now, Mr. Norman can check the NO box next to "Have you ever been convicted of a crime?" If he appeals and loses, the next judge may not withhold adjudication. That would result in Mr. Norman having a criminal record.
     
    Last edited: Aug 16, 2012
  4. Bruce M

    Bruce M

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    Thanks for posting the sentence. I followed the original thread.
     
  5. noway

    noway

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    Any link to the actually story of the crime and county?
     
  6. Jonesee

    Jonesee

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    I searched the net to the best of my ability and cannot find any information at all. In addition I live in Florida and have not seen it on the news.

    Please cite your source.
     
  7. JerryVO

    JerryVO

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    Here is a link to the details. I will post more and the video of the arrest once I get the kids in bed and have time.

    http://www.flcarry.org/flcinews

    Sent from my SAMSUNG-SGH-I777 using Tapatalk 2
     
  8. Bren

    Bren NRA Life Member

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    Yep - states that allow no carry without a permit seem to have a constitutional issue.
     
  9. JerryVO

    JerryVO

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    OK here is the video of the arrest. This is a polarizing one in the Florida open carry community. Florida open carry inc has stepped in on his defense and is helping fund everything and they are doing a great job stepping up but the debate is (let me set the scene if you don't watch the video) younger black man wearing baggy pants slung low and a white tank top carrying owb. The argument is that there is no way looking like that he could conceal his gun so it can not be accidental. Watch the video and you decide.


    [ame="http://www.youtube.com/watch?v=-qKeJ6jd2Ak&feature=youtube_gdata_player"]Arrested for Accidental Exposure of Lawfully Carried Handgun in Florida - YouTube[/ame]
    Sent from my SAMSUNG-SGH-I777 using Tapatalk 2
     
  10. Rinspeed

    Rinspeed JAFO

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    legal or not open carry is pretty stupid in a lot of locations. :upeyes:
     
  11. StogieC

    StogieC

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    http://www.ammoland.com/2012/08/15/...rget-on-the-right-to-bear-arms/#axzz23lHWp7CF

    Florida Carry is providing for the continued defense. There is no risk of a worse result for Dale Norman by appealing.

    Florida Carry is making a constitutional challenge to Florida’s overly broad, vague, and facially unconstitutional ban on unconcealed carry, the right to bear arms outside the home, and the current status that a concealed carry license is only a privilege rather than a right.
     
    Last edited: Aug 16, 2012
  12. JuneyBooney

    JuneyBooney

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    He essentially got probation.
     
  13. StogieC

    StogieC

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    No, just a fine.
     
  14. Drain You

    Drain You NRA member

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    Another reason to live in Florida.
     
  15. Numismatist

    Numismatist 5-Stand!

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    Open Carry didn't prevent this:tongueout:
     
  16. OctoberRust

    OctoberRust Anti-Federalist

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    I'm in Texas. I do not endorse CHL/carry permits.

    we should get rid of concealed carry permits here.
     
  17. costanza187

    costanza187 I like Macs

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    I guess this is a situation where we can't say that "Open carry would have prevented this"!


    I think he should take the deal, pay the fine and consider it a lesson learned.

    I find it kind of strange how these laws vary from state, in KY you can open carry without a permit, but have to have a permit to carry concealed. Some states don't require a permit for either, and some states don't allow either. I know that's "just how it is".
     
  18. Peace Warrior

    Peace Warrior Am Yisrael Chai CLM

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    Thanks Richard. (If this is you :wavey: )
     
  19. Peace Warrior

    Peace Warrior Am Yisrael Chai CLM

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    Some of us are active every week, of every month, of every year trying to get things like they should be. None of the Floridians I know, in any county in Florida, wants their local municipality to end up like Chicago or DC, well, except for the criminals.
     
    Last edited: Aug 17, 2012
  20. Big Bird

    Big Bird NRA Life Member

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    Not even close...

    Open carry caused this!:tongueout: