The state concedes that there is a right to carry outside the home and the FL Supreme Court will rule, just as the 4th DCA did, that there is a RIGHT to carry outside the home. No matter what could conceivably happen, we win something substantial.
If the court rules that the Open Carry Ban is constitutional because law abiding people have a RIGHT to the "alternative outlet" of a license,
we win. But, the Open Carry Ban stands and Dale Norman still has to pay his fine
(I'll pay it for him). In that case, law abiding people have a RIGHT to the concealed carry license rather than just the privilege of a license that we have now. More litigation will ensue to challenge many restrictive provisions of the license and more lobbying will happen to legalize licensed open carry. This "alternative outlet" thorey is what the 9th Cir. just rejected en banc in
Peruta.
If the court rules that the Open Carry Ban is unconstitutional because the state did not meet its burden to show the legislative intent and/or any efficacy toward the purported public safety interest,
we win. In that case, banning OC is unconstitutional... at least as applied to licensees and perhaps as applied to all law abiding people.
If it is only as applied to licensees, then all law abiding people have a RIGHT to the license rather than the privilege of a license that we have now. In that case, more litigation will ensue to challenge many restrictive provisions of the license.
If it is as applied to all law abiding people, banning Open Carry is unconstitutional but the concealed carry license continues to be a supplemental privilege. More lobbying will ensue to protect the unlicensed right to carry openly.
If the court rules that the Open Carry Ban is unconstitutional because of a violation of
substantive due process,
we win. In that case, banning Open Carry is unconstitutional but the
concealed carry license continues to be a supplemental privilege. More lobbying will ensue to protect the unlicensed right to carry openly.
There is a lot of nuance to what the court may or may not rule and it is ALL conjecture at this point, but it is pretty clear that we are all going to get something positive out of this case.