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...

If anyone has an extra foot (right, size 9.5 but not fussy) I'll take it. Preferably with tibia and fibula.

Open carriers (courtesy Oleg Volk)

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.