Legal Opinion · Concurrence

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

Court of Appeals for the Eleventh Circuit

Decided February 16, 2017No. 12-14009Published

1ConcurrenceWilliam Pryor, Circuit Judge

I concur in the majority opinion, but I write separately to reiterate that our decision is about the First Amendment, not the Second. The Second Amendment “guarantee[s] the individual right to possess and carry weapons,” District of Columbia v. Heller, 554 U.S. 570, 592, 128 S.Ct. 2783 (2008), and enshrines a fundamental right “necessary to our system of ordered liberty” that applies to the states through the Fourteenth Amendment. McDonald v. City of Chicago, 561 U.S. 742, 778, 130 S.Ct. 3020, 177 L.Ed.2d 894 (2010). Our decision recognizes that protecting that fundamental right also serves a…

2Cases cited12 opinions

  1. District of Columbia v. HellerSupreme Court of the United States · 2008
  2. West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
  3. McDonald v. City of ChicagoSupreme Court of the United States · 2010
  4. Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994
  5. Police Dept. of Chicago v. MosleySupreme Court of the United States · 1972

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