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Thread: Great summary judgment ruling on an OC case

  1. #1
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    The judge's opinion here is absolutely outstanding. I imagine this could help a number of people who have a court case brewing. The gist of the opinion is that by pulling an OCer out of a movie theater and searching him, the officers violated the plaintiff's fourth amendment rights. No qualified immunity was allowed.

    Link to the opinion: http://opencarry.mywowbb.com/attachment.php?id=7856

    Here is the New Mexico thread on it: http://opencarry.mywowbb.com/forum39/31252.html

  2. #2
    Regular Member 1245A Defender's Avatar
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    Great News for anyone that carries a gun, OC. for that matter its even good for OC!

    Carrying a gun is not evidence of a crime!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  3. #3
    Regular Member wewd's Avatar
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    I just read the whole thing. Very, very good stuff. Cops must know that if they exceed their authority under the law and violate a person's rights, they can and WILL be held liable. In this state that means a 12031(e) check (if they opt to do it at all) and then a polite good-bye.
    Do you want to enjoy liberty in your lifetime?

    Consider moving to New Hampshire as part of the Free State Project.

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  4. #4
    Regular Member coolusername2007's Avatar
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    :celebrate Very good news!!!
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

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    I'm not supprised, a similar sitiuation occuredin the James Goldberg case at a Chili's in Connecticut.

    I'd like to thank Open Carry for supplying the case information in such a prompt manner.

    The Second Circuit Court of Appeals willhear oral arguments onthe Goldberg case September 17th of this month.

    This is a whole new area of federal litigation, and you can expect more cases in the future.



  6. #6
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    Thanks for posting this! I gleaned some new references that may prove handy in the future.
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  7. #7
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    An excellent decision - on its way up to the 10th Cir for appeal no doubt - it makes me want to get t-shirts made that say "Armed and NOT Dangerous" ~ :celebrate

  8. #8
    Anti-Saldana Freedom Fighter bad_ace's Avatar
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    Anecdotally, I walked in front of (4 feet from front bumper) two Deputies in my area and just got a wave. Either they read this decision before I did or they are tired of "checking" me.

    Either way, progress.

  9. #9
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Just as a brief update, the defendants settled with St. John on Friday, so chalk this up as a big win for OCers everywhere.

  10. #10
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    bigtoe416 wrote:
    Just as a brief update, the defendants settled with St. John on Friday, so chalk this up as a big win for OCers everywhere.
    If the settlement was sufficiently punitive to make them end harassment of law-abiding citizens...

  11. #11
    Newbie cato's Avatar
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    Too bad that wasn't a 9th Circuit case but hey good for the 10th !

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