United States v. Ubiles, 224 F.3d 213 (3d Cir. 2000)
declares that possession of a firearm in public, with no other circumstances present, does
not justify a stop. "For all the officers knew, even assuming the reliability of the tip that Ubiles
possessed a gun, Ubiles was . . . lawfully exercising his right . . . to possess a gun in public." See
also United States v. Dudley, 854 F. Supp. 570 (S.D.Ind. 1994)
, in which the court declared that
a report of persons with guns did not justify an investigative stop. "In short, the Government
failed to establish . . . that some reasonable suspicion of criminal activity, based on articulable
facts, justified this seizure. And, if the stop itself is unlawful, neither Terry nor Michigan v.
Long authorize the police to search the suspects or the suspect's vehicle for weapons, even if the
officers reasonably fear for their safety."
Likewise, the U.S. Supreme Court in Florida v. J.L., 529 U.S. 266 (2000)
, declared that there is
no "gun exception" to the Fourth Amendment
"Stopping a car for no other reason than to check the license and registration was unreasonable under the 4th amendment."
Delaware v. Prouse, 440 U.S. 648 (1979).
How is stopping someone just to check CCW any different than stopping someone just for a DL check??? Both are activities requiring a government permission slip.