I briefly scanned thru the site to see if I was duplicating this. Sorry if I missed it and this is a duplicate
The arrest of a man for openly carrying a gun at a Norfolk festival did not violate the U.S. Constitution but the police officer who asked for the man's Social Security number might have violated his civil rights, a federal judge ruled this week.
Chester "Chet" Szymecki Jr. of Yorktown sued the city after his arrest in June 2007 on a charge of violating a city ordinance prohibiting firearms at Harborfest, held annually at Town Point Park.
Szymecki, a gun rights advocate, has challenged handgun bans in the past. During his arrest, Szymecki claims police pushed him and that when he complained that the handcuffs were on too tight, an officer made them tighter.
During his arrest and later, when he was released from custody, police asked him for his Social Security number. He initially balked, but gave it to the officers to avoid being detained longer, he says in his suit.
The charge was later thrown out after city officials learned that it violated a state law that prohibits localities from regulating firearms.
Szymecki sued in federal court claiming multiple constitutional violations, including the Second Amendment's right to keep and bear arms and the Fourth Amendment prohibition against unlawful searches and seizures.
U.S. District Judge Henry Coke Morgan Jr. ruled Thursday that Szymecki cannot sue claiming constitutional violations under state or local law. Morgan ruled earlier this year that the city did not violate the Second Amendment for the same reason.
"It is well settled law in this circuit that the Second Amendment does not apply to the states," Morgan wrote in dismissing Szymecki's constitutional claims. "Because the Second Amendment does not apply to the states, neither a state law nor a local ordinance can run afoul of any right guaranteed by the Second Amendment."
However, Morgan ruled that the police demand for Szymecki's Social Security number - if the allegation is true - would have violated the federal Privacy Act.
Morgan will allow the case to go to trial on that issue alone. The trial has been set for Dec. 16.