Results 1 to 3 of 3

Thread: 4th Circuit rules that OC is not gounds for a Terry search

  1. #1
    Regular Member
    Join Date
    Feb 2008
    Location
    , ,
    Posts
    462

    4th Circuit rules that OC is not gounds for a Terry search


  2. #2
    Regular Member
    Join Date
    Feb 2008
    Location
    , ,
    Posts
    462
    "it is undisputed that under the laws of North Carolina, which permit its residents to openly carry firearms . . . Troupe’s gun was legally possessed and displayed. The Government contends that because other laws prevent convicted felons from possessing guns, the officers could not know whether Troupe was lawfully in possession of the gun until they performed a records check. . . . We are not persuaded. 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.” "

  3. #3

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •