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Thread: New circuit court ruling in our favor..that make its 4th and 10th.

  1. #1
    Regular Member hermannr's Avatar
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    New circuit court ruling in our favor..that make its 4th and 10th.

    The simple Open Carry of a firearm, were that is allowed, is not reasonable suspician for an Terry stop. (and this was a felon in possession case0

    http://www.ca4.uscourts.gov/Opinions...d/115084.P.pdf

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    Campaign Veteran gogodawgs's Avatar
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    New circuit court ruling in our favor..that make its 4th and 10th.

    Open carry is a right. Concealed carry is a regulated privilege.
    Live Free or Die!

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    Regular Member bmg50cal's Avatar
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    Thumbs up

    Nice info. This is going into my phone.

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    Campaign Veteran Right Wing Wacko's Avatar
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    Quote Originally Posted by hermannr View Post
    The simple Open Carry of a firearm, were that is allowed, is not reasonable suspician for an Terry stop. (and this was a felon in possession case0

    http://www.ca4.uscourts.gov/Opinions...d/115084.P.pdf
    Being a felon in possession of a firearm is not the default status. More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. Permitting such a justification would eviscerate Fourth Amendment protections for lawfully armed individuals in those states. United States v. King, 990 F.2d 1552, 1559 (10th Cir. 1993).
    Last edited by Right Wing Wacko; 03-03-2013 at 01:13 AM.

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by hermannr View Post
    The simple Open Carry of a firearm, were that is allowed, is not reasonable suspician for an Terry stop. (and this was a felon in possession case0

    http://www.ca4.uscourts.gov/Opinions...d/115084.P.pdf
    MKE brought this out in the General forums section, its a good case and helps thwart those who think RAS, is just "suspicion".

    Quote Originally Posted by gogodawgs View Post
    Open carry is a right. Concealed carry is a regulated privilege.
    I would disagree.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  6. #6
    Regular Member hermannr's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    MKE brought this out in the General forums section, its a good case and helps thwart those who think RAS, is just "suspicion".



    I would disagree.
    Let's put it this way: the ability to carry is a right. The method of carry may be regulated, as long as their is an alternative. (in re Brickley 1902)

    The WA state constitution does not say anything about regulating the method of carry, but the Idaho constitution does. In the Idaho Supreme Court decision in re Brickley, they ruled there must be an unfettered method available. As most states consider CC dangerous and wish to regulate that method of carry, then the resonable alternative is that OC will be unfettered and unlicensed.

    I do believe that is what Gogodawgs is saying.

    I also understand whatyou are saying SVG, and do not necessarily disagree with you.

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    Regular Member carolina guy's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    MKE brought this out in the General forums section, its a good case and helps thwart those who think RAS, is just "suspicion".



    I would disagree.
    You have to keep in mind that this was a NC case, and the NC Constitution says this about concealed carry:

    Sec. 30. Militia and the right to bear arms.
    A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.
    So...for now, since OC is perfectly legal in NC, CC is regulated and licensed... else illegal.
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

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    Campaign Veteran gogodawgs's Avatar
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    New circuit court ruling in our favor..that make its 4th and 10th.

    Quote Originally Posted by gogodawgs View Post
    Open carry is a right. Concealed carry is a regulated privilege.
    Quote Originally Posted by sudden valley gunner View Post
    MKE brought this out in the General forums section, its a good case and helps thwart those who think RAS, is just "suspicion".



    I would disagree.
    I would disagree as well, all I was doing was summarizing the 4th and 10th Circuit courts rulings. My personal opinion is that I can carry however I so choose without government telling me how, where, why....
    Live Free or Die!

  9. #9
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by gogodawgs View Post
    New circuit court ruling in our favor..that make its 4th and 10th.






    I would disagree as well, all I was doing was summarizing the 4th and 10th Circuit courts rulings. My personal opinion is that I can carry however I so choose without government telling me how, where, why....
    I know you do...you are a patriot.

    We are on the same page on that, I do realize the gov'ment don't necessarily feel the same.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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