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Thread: call of a man with a gun probable cause for disarming a citizen?

  1. #1
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    In the case of Florida vs. JL the Courts ruled in Florida that an anonymous 911 call of a man with a gun is not probable cause for a “Terry stop”. While this is great for Florida, is there a similar case in NC? I have a small three ring binder with all of NC’s gun laws in it, as well as Supreme Court cases that protect open carry. A ruling like this in NC would be great for my stash of “ammo” to fight back or educate police officers who don’t know the law or who are power hungry. Also, any case regarding this probable cause issue either for NC or a national ruling the by nations Supreme Court would be nice as well. Again, ANY input would be great.

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    The last time I checked, any Supreme Court ruling applies to all of the states, and that includes North Carolina. Just because the original case came out of Florida means nothing - a Supreme Court ruling applies to everyone.

    Copy the ruling and put it in your binder.

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    Statkowski wrote:
    SNIP Copy the ruling and put it in your binder.
    GREAT ADVICE!!

    It is a well known fact that beautiful women of all races love men who keep US Supreme Ct. 4th Amendment rulings in binders.

    Not really, but I can't overstate how helpful it has been to keep a binder (grown to three now). And to keep internet links to frequently consulted opinions.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    It would be nice to have a thread here on OCDO with links to all the SCOTUS cases that apply to us.....

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    Comp-tech wrote:
    It would be nice to have a thread here on OCDO with links to all the SCOTUS cases that apply to us.....
    Not just a thread, but a sticky.

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    Even though the supreme court of Florida ruled it was not probablel cause, that still applies to NC? I thought you couldn't do that. Hm...perhaps I worded it wrong. I mean that the Florida Supreme Court ruled that an a 911 call of a man with a gun is not probable cause for disarming a citizen. I can just picture a a LEO who has had a bad day saying "That's great kid, but this is North Carolina, the florida courts have no juristiction here, drop the gun or you'll get tazed!!!! *THIP* BZZZZZZZ!!!!! and I go flopping like a fish on land.

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    Yes, it's alway best to identify the specific Supreme Court you are referring to. If I posted that the Supreme Court ruled yesterday that the ban on gay marraiges was unconstitutional, it would be best if I wrote the California Supreme Court, so nobody in Utah heads out to the courthouse for a license to marry thier significant other.

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    ANY ruling from SCOTUS applies to ALL of the states. Again, it does not matter where the case originated - Florida, North Carolina, Iowa or Montana.

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    Statkowski wrote:
    ANY ruling from SCOTUS applies to ALL of the states. Again, it does not matter where the case originated - Florida, North Carolina, Iowa or Montana.
    YES, but I think Godscreation is TRYING to say that SCOTUS did NOTissue that ruling. it was the Florida State Supreme Court, NOT SCOTUS. FSSC does NOT have any bearing on NC law.

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    Hehe, thanks liko81, yeah, that's what I meant to say. How can a state court in Tallahassee Florida have any affect in NC? Also, State V Kerner is a good case for open carry. While another supreme court case called State v Fennell is cited by pro OCers, I have a hard time applying that case for OC. I mean the guy had a sawed off shotgun, that's illegal anyway.

    I have added State v Kerner to my binder, and am still on the hunt for a similar case regarding probablel cause.

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    I mean the guy had a sawed off shotgun, that's illegal anyway.
    Illegal in North Carolina? What if the person has a Class 3 NFA license?

    Contrary to "popular" believe, sawed-off shotguns and machine guns are not illegal - they're just taxed. If you don't have the tax stamp, then they're illegal to possess.

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    Godscreation wrote:
    Even though the supreme court of Florida ruled it was not probablel cause, that still applies to NC? I thought you couldn't do that. Hm...perhaps I worded it wrong. I mean that the Florida Supreme Court ruled that an a 911 call of a man with a gun is not probable cause for disarming a citizen. I can just picture a a LEO who has had a bad day saying "That's great kid, but this is North Carolina, the florida courts have no juristiction here, drop the gun or you'll get tazed!!!! *THIP* BZZZZZZZ!!!!! and I go flopping like a fish on land.
    Uh...the U.S. S. Ct. ruled in this case - please google it up and read it.

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    Godscreation wrote:
    SNIP *THIP* BZZZZZZZ!!!!! and I go flopping like a fish on land.
    See the little fishy, flopping about

    Mean old cop wanted him to shout

    Florida vs JL was the case he was told

    Now the little fishy is swimming in gold!
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    wow, that was a good limerick, er... poem, er... haiku, eh... whatever. This is one reason why threads and forums are not that great. I'll try to be as clear as possible. Mike, you said the US supreme court ruled on this. Do you know where I can get that ruling? I would like to add it to my binder. If you are trying to say that Florida V DL was ruled by the US supreme court, then I'm going to have to disagree with you. If you google the title (Florida v DL) you will see it is to the supreme court of florida.

    Nevertheless, my question still stands and my curiosity burns. Does anyone know of a similar ruling in NC?

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    Godscreation wrote:
    wow, that was a good limerick, er... poem, er... haiku, eh... whatever. This is one reason why threads and forums are not that great. I'll try to be as clear as possible. Mike, you said the US supreme court ruled on this. Do you know where I can get that ruling? I would like to add it to my binder. If you are trying to say that Florida V DL was ruled by the US supreme court, then I'm going to have to disagree with you. If you google the title (Florida v DL) you will see it is to the supreme court of florida.
    The correct case citation is Florida v. J.L., 529 U.S. 266 (2000) - a case regarding criminal procedure decided by the United States Supreme Court.

    You can read the case at http://www.law.cornell.edu/supct/htm...9_0266_ZS.html.

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    Godscreation wrote:
    wow, that was a good limerick, er... poem, er... haiku, eh... whatever. This is one reason why threads and forums are not that great.
    OK. I'll take the playfulness out of it.

    You get tased under the circumstances described, you get money.

    Basically, I'magreeing withthe pro-FL v JL posts.

    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  17. #17
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    I wasn't saying the poem was bad. I was saying there was a lack of comm. between mike and me. I thought the poem was hilarious.

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    Godscreation wrote:
    SNIP I was saying there was a lack of comm. between mike and me.
    OK. Thanks for clarifying.

    SNIP I thought the poem was hilarious.
    That's what's important.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Citizen wrote:
    Statkowski wrote:
    SNIP Copy the ruling and put it in your binder.
    GREAT ADVICE!!

    It is a well known fact that beautiful women of all races love men who keep US Supreme Ct. 4th Amendment rulings in binders.

    Not really, but I can't overstate how helpful it has been to keep a binder (grown to three now). And to keep internet links to frequently consulted opinions.
    That's a great Idea, Wouldn't happen to have a copy of your binder?

    Would be good to have, you could probably sell copies for a decent price.

  20. #20
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    ParaChem wrote:
    Citizen wrote:
    Statkowski wrote:
    SNIP Copy the ruling and put it in your binder.
    GREAT ADVICE!!

    It is a well known fact that beautiful women of all races love men who keep US Supreme Ct. 4th Amendment rulings in binders.

    Not really, but I can't overstate how helpful it has been to keep a binder (grown to three now). And to keep internet links to frequently consulted opinions.
    That's a great Idea, Wouldn't happen to have a copy of your binder?

    Would be good to have, you could probably sell copies for a decent price.
    Oh, yes. Got a copy in my binders.

    Mike, Supermoderator, gave us a link a little ways up this page: http://www.law.cornell.edu/supct/htm...9_0266_ZO.html


    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  21. #21
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    Sweet, Thanks. I think I missed the Link added in.

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