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Police lose OC harrassment case http://twincitiescarry.com/forum/viewtopic.php?f=36&t=14073 |
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Author: | kimberman [ Thu Sep 10, 2009 2:10 pm ] |
Post subject: | Police lose OC harrassment case |
Quote: Federal Judge Upholds New Mexico Open Carry: On September 8, 2009, United States District Judge Bruce D. Black of the United States District Court for New Mexico entered summary judgment in a civil case for damages against Alamogordo, NM police officers. The Judge's straight shootin' message to police: Leave open carriers alone unless you have "reason to believe that a crime [is] afoot." The facts of the case are pretty simple. Matthew St. John entered an Alamogordo movie theater as a paying customer and sat down to enjoy the movie. He was openly carrying a holstered handgun, conduct which is legal in 42 states, and requires no license in New Mexico and twenty-five other states... Judge Black's opinion and order is welcome news for the growing number of open carriers across the United States. Though police harassment of open carriers is rare, it's not yet as rare as it should be - over the last several years open carriers detained without cause by police have sued and obtained cash settlements in Pennsylvania, Louisiana, Virginia (see additional settlement here), and Georgia. More cases are still pending in Ohio, Wisconsin, Michigan, and Pennsylvania... http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m9d9-Federal-judge-rules-police-cannot-detain-people-for-openly-carrying-guns [ed:fixed link - plb] |
Author: | realtor_packing_heat [ Thu Sep 10, 2009 2:21 pm ] |
Post subject: | Re: Police lose OC harrassment case |
That is an awesome story But I think your link is not working to the whole story. |
Author: | mrokern [ Thu Sep 10, 2009 2:22 pm ] |
Post subject: | Re: Police lose OC harrassment case |
I saw this on another member's Facebook page. WOOHOO!!!!! |
Author: | havegunjoe [ Fri Sep 11, 2009 12:10 pm ] |
Post subject: | Re: Police lose OC harrassment case |
“Leave open carriers alone unless you have “reason to believe a crime [is] afoot”” I might add leave “everyone” alone…..afoot. This is a nice outcome indeed. |
Author: | Rodentman [ Fri Sep 11, 2009 1:56 pm ] |
Post subject: | Re: Police lose OC harrassment case |
If anyone has an extra foot (right, size 9.5 but not fussy) I'll take it. Preferably with tibia and fibula. |
Author: | Aquaholic [ Fri Sep 11, 2009 3:05 pm ] |
Post subject: | Re: Police lose OC harrassment case |
Rodentman wrote: If anyone has an extra foot (right, size 9.5 but not fussy) I'll take it. Preferably with tibia and fibula. I might have a left foot around somewhere... then you could dance as bad as me! ) |
Author: | Pakrat [ Mon Sep 14, 2009 1:57 pm ] |
Post subject: | Re: Police lose OC harrassment case |
Anyone notice the caption on the picture? I didn't the first time I glanced at the page. Quote: Open carriers (courtesy Oleg Volk) |
Author: | jdege [ Mon Sep 14, 2009 2:24 pm ] |
Post subject: | Re: Police lose OC harrassment case |
I've been reading the opinion. Quote: Additionally, Defendants lacked any reasonable suspicion for believing that Mr. St. John was armed and dangerous, as required by Tenth Circuit jurisprudence. See Davis, 94 F.3d at 1468. Defendants ask the Court to ignore the conjunctive phrasing of the rule and find, in essence, that anyone who is armed is, by virtue of that fact, dangerous. In light of the extensive, controlling and compelling jurisprudence to the contrary, the Court declines to do so. It's nice to see that at least some courts understand this. |
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