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Four years ago a Fort Pierce man was arrested after his permitted gun became exposed. As Matt Galka tells us, the case has made it’s way to Florida’s highest court…and could have implications on how Floridians are allowed to carry guns in the future.

When Dale Norman was arrested in Fort Pierce he had just received his concealed carry license. He argued that he didn’t know his gun was exposed – but he was still hit with a misdemeanor and a fine.

His lawyers have taken the case all the way to the Florida Supreme Court.  They say the state’s open carry ban is unconstitutional.

Quite frankly, the legislature at this point has deprived citizens of their substantive right to bear arms,” said Florida Carry attorney Eric Friday.

Friday said the scrutiny wouldn’t apply to any other constitutional right.

“This court would never stand for the idea of a training class, a fee, and a 90 or 180 day wait in order for a person to get a license to carry a camera and be a photojournalist. This court would not stand for that type of restriction of the first amendment.’

But Chief Justice Jorge Labarga said the 2nd Amendment is different.

“Yea, but I don’t think journalist’s cameras kill people,” he told Friday.

The state’s argument: the legislature has the final say on how someone can carry a weapons in Florida.

“The legislature has determined that it has an important Government interest in firearm safety, to curb and prevent the use of firearms and crime,” said Assistant Attorney General Heidi Bettendorf.

Earlier this year the Florida legislature failed to pass a law that would have authorized open carry throughout the state of Florida.