UPDATE: According to Jackie Hallifax, Deputy PIO for the Florida Supreme Court, oral arguments have yet to be scheduled.

For those of you interested in following this very important case, she provided the following info:

You can track filings by checking the online docket, which can be reached from the Court’s front page, www.floridasupremecourt.org

When you click on “docket search” (it’s the second link in the second column), you’ll see that you can search by case number. You simply plug that in and you will see what has been filed in SC15-650. For instance, the Initial Brief on Jurisdiction was filed earlier this week.

PREVIOUS: Lee’s note: Florida Carry, Inc., has appealed the Norman open-carry case to the Florida Supreme Court.

Mr. Norman was arrested for open carry – a crime in Florida – after his legally-concealed handgun unknowingly became exposed.

This is a lengthy and expensive — very expensive — legal process, but it will benefit to everyone with a concealed carry license in the state.

I am waiting for the Court’s public information staff to tell me when oral arguments are scheduled.

Click here for a copy of the brief.

Here’s the background on the case from Florida Carry’s site:

Norman Open Carry Firearms case

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 down the street the first time he carried outside his home with his new Florida concealed carry license.

[yt url=https://www.youtube.com/watch?v=-qKeJ6jd2Ak]

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 issued a conviction on a “as applied” standard.

The County Court judge also did not fully consider the Second Amendment or the Right to Bear Arms under the Florida Constitution; denying those motions 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 found 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 did however certify the constitutional questions directly to the 4th District Court of Appeals as questions of great public importance. The DCA has accepted jurisdiction.

Updates:

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 is represented by Florida Carry’s Lead Counsel, attorney Eric J. Friday, who 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.

After initially deciding in March 2014 not to hear oral arguments, in August 2014 the 4th DCA issued an order to hold oral arguments.

Norman’s Initial Brief on the merits of the appeal was filed 4/22/2013.

The Attorney General, after multiple extensions, filed the State’s Answer Brief 10/9/2013.

Norman’s Reply Brief was Flied on 10/28/2013.

Oral Arguments were held 11/06/2014 at 10am. Oral Argument Video

On 02/18/2015 the 4th DCA ruled against Dale Norman:

“While the right to carry outside the home has been established by the highest court of the land, no decision interpreting the Second Amendment can be cited for the proposition that a state must allow for one form of carry over another. Because the Legislature has the right to enact laws regarding the manner in which arms can be borne, it is likewise permitted to forbid the carrying of arms in a particular place or manner which, in its collective judgment, is likely to lead to breaches of the peace, see Carlton v. State, 58 So. 486, 488-89 (Fla. 1912), provided a reasonable alternative manner of carry is provided.”

Motion for Rehearing in the 4th DCA was denied.

The case is now on appeal to the Florida Supreme Court, Case number SC15-650

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.