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Thread: Tenth Circuit rules against police on OC rights

  1. #1
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    While the case is in New Mexico, the Tenth Circuit includes Utah.

    Follow the thread at:

    http://opencarry.mywowbb.com/forum39/31252.html

    The ruling holds that openly carrying a firearm is not grounds for a stop and that since it is well established law the police officers are not protected by qualified immunity.



  2. #2
    Regular Member Utah_Patriot's Avatar
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    Awsome just printed out the ruling thanks for bringing this topic up.
    Zach
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    "A fear of weapons is a sign of retarded sexual and emotional maturity"

  3. #3
    Regular Member LovesHisXD45's Avatar
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    Now this is more like it. It would seem that the system is working in our favor for once. I would love to see more rulings like this.

    Kevin
    If it isn't broke, then don't fix it, or you'll fix it until it's broke.

  4. #4
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    This is not a 10th Circuit ruling. It is a ruling by one judge, in one district, within the 10th District.

    It's a great ruling, but don't act like it is a binding ruling on the entire 10th District.


  5. #5
    Regular Member thx997303's Avatar
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    It is case law, and will help others pursuing similar cases.

  6. #6
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    It is especially valuable when combined with Lund v Salt Lake City (2008) US District Court Civil No. 2:07-CV-0226BSJ, Memorandum Opinion & Order (Fed. R. Civ. P. 56) which dealt with how police handled a MWAG report.

    Having two different District Courts within the same district make similar rulings in less than a year regarding how police deal with gun related calls makes it fairly unlikely that either case would be overturned on appeal to the Circuit Court.

    Edit: spelling

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