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Federal judge rules police cannot detain people for openly carrying guns

B

Biz

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I Just came accross this article and thought it would be a good heads up.

On September 8, 2009, United States District Judge Bruce D. Black of the United States District Court for New Mexico entered summary judgment in a civil case for damages against Alamogordo, NM police officers. The Judge's straight shootin' message to police: Leave open carriers alone unless you have "reason to believe that a crime [is] afoot." Read more on this link http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m9d9-Federal-judge-rules-police-cannot-detain-people-for-openly-carrying-guns



I woould also like to give Survivalblog a plug for posting it http://survivalblog.com/
 
mjones

mjones

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KBCraig

KBCraig

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Don't celebrate too much.

The New Mexico case was decided because OC is perfectly legal there, and there was no RAS that would justify a Terry Stop to investigate.

But in California, there are restrictions on OC, and a statute that authorizes police to perform an "e" check. The same judge would have probably ruled the other way if it had been a California case.
 
cato

cato

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Just so it's clear to those reading: this case law is from the 10th Circuit (we live it the 9th). But this is still a very good case to have on our side.
 
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Edward Peruta

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The New Mexico case rendered on September 8th was cited to the Second Circuit Court of Appeals in New York on September 17th in the Goldberg appeal. Thanks to opencarry for giving timely notice of the District Court decsion.
 
KBCraig

KBCraig

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Edward Peruta wrote:
The New Mexico case rendered on September 8th was cited to the Second Circuit Court of Appeals in New York on September 17th in the Goldberg appeal. Thanks to opencarry for giving timely notice of the District Court decsion.
Click to expand...

Wow!

When can we expect a ruling in Goldberg?
 
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