Federal Judge rules police liable to Alamogordo, NM open carrier

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The opinion and order is quite clear and well reasoned and he cites to authortiy so thoroughly he would be welcome to post here at Opencarry.org anytime.

Enjoy.


See also http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m9d9-Federal-judge-rules-police-cannot-detain-people-for-openly-carrying-guns.

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Yes he did I found the story on Mike Stollenwerk facebbok Page Plus I have been following this story for a while

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See also http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m9d9-Federal-judge-rules-police-cannot-detain-people-for-openly-carrying-guns

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This is a superb opinion. I'm so amazingly pleased with the Judge who authored this.

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Mike- thanks for posting this. Everyone ought to save a copy of this opinion to show any police that ask when you open carry. Even though open carry is legal, some police need to be reminded that they cannot question someone to the point of detention just for open carrying. Another reason for an open carry get-together.

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thanks mike

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Wow, what a wonderfully written opinion. We need more judges with the intellectual prowess that this judge has throughout the country.

I'm going to print this one out and keep it. This is great case law!

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Mike, Mr. St. John is a member here who goes by the member name Jizzle or Jizzzle (alternate from board troubles he had). See his original posting here:

http://opencarry.mywowbb.com/view_topic.php?id=15110&forum_id=65&highlight=New+Mexico%2C+theater

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New Mexico and Arizona share a common heritage. I find it nearly impossible for a LEO in either state to harrass anyone for bearing arms in the traditional mode. It's doubtful that the Alamagodo PD personnel are 'native' or would they would not be be ignorant of the culture. Either thru ignorance or at the alter of 'politically correct' opinion... they chose to deliberately ignore the New Mexico Constitution:

"New Mexico: No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms. Art. II, § 6 (first sentence enacted in 1971, second sentence added 1986).
1912: "The people have the right to bear arms for their security and defense, but nothing herein shall be held to permit the carrying of concealed weapons." Art. II, § 6. [Self-defense right explicitly protected.]

Clearly... this was a violation of a citizens rights under color of law. I hope St John owns a goodly piece of Alamagordo and the LEO's involved after due process.

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Jizzzle wrote:

we accepted the settlement offer today.

Click to expand...

Great news and congratulations!