Here is a link to the case....
OMAHA, Neb. (AP) - A federal appeals court says Lincoln police did not have reasonable suspicion to stop and detain [an open carrier}.
The 8th U.S. Circuit Court of Appeals' opinion Tuesday reverses the ruling of a federal judge, who last year dismissed Leroy Duffie's lawsuit against the city of Lincoln and several police officers.
the appeals court says given Nebraska's law allowing the open-carry of guns, [open carry] could not be construed as a crime . . .
The dissent seems to think that the combination of shyness and being armed is a threat. Even though the blowing imaginary smoke event happened without any evidence that the armed man even saw the person he "threatened".
St. John v. Alamogordo.
It's nice to see the appeals court upheld the LAW. The Federal judge just disqualified himself. He needs to resign. His line of "reasoning" is identical to that of stopping a person and detaining them for wearing a t-shirt that says, "I may have committed a crime; then again, I may not have." Do cops stop drivers because they have the potential to plow through a crowd of people? Do raid people while they're cooking breakfast because their kitchen knives might have be or have been used in a crime? Heck no. Yet that's precisely the gross lack of logic demonstrated by the Federal judge. Thank God for appeals courts.
These people are evil.....ruling on rights? Pure evil.
Interesting, will those judges be patrolling the streets of Omaha to be sure that a cop follows the "law?"
"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.
"Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare
Oh my, read the decision. What a tragedy, what a tragicomedy of errors. The victim is a double-amputee.
If TRUMP 2016 loses then I will shrug off my WHITE MAN'S BURDEN and leave the world to the Dindus and Done Nuffins. Read and understand Ayn Rand's Atlas Shrugged as a prescription for the future. TRUMP 2016
The dissenting Bobby E. Shepherd was appointed by George W. Bush. This judge needs to be removed from the bench.
Now everything is a terroristic threat.Regardless, the possible terroristic threat did produce some result in the clerk because the clerk called the Lincoln Police Department to report the incident.
Last edited by color of law; 08-24-2016 at 08:04 AM.
Good news for MO since we are in the 8th district.
I've not had any issues with OC in MO. I've only had 1 person ever even say anything negative and that was years ago. I knew the off limit places before and in 2014 the MO law changed to exempt CCW holders from local anti-OC ordinances. No one has asked to see my CCW even when OC in very anti-OC areas since the change. YMMV. Still nice to have this clarifying ruling to continue my uninterrupted exercise of my right.
Now if we can just get full OC preemption so no CCW required regardless.
Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."