Repeater
Regular Member
A court in NM seems to think so:
That rationale would certainly also apply to open carry, because in the court's view, it's the gun, not the mode of carry, that's per se a threat to office safety.
The court then goes on to allow cops to seize guns for safety reasons:
Thus, any person who possesses a gun within immediate reach is per se a threat to officer safety.
If this sick reasoning spreads nation-wide, it would mean that any person who carries would be disarmed during any LEO encounter, because cops would have authority to assert they were in danger.
Rodriguez may object that the practical end result of the Court’s decision is that, in New Mexico, a police officer’s observation of a concealed handgun automatically creates reasonable suspicion. The Court acknowledges that this may be a possibility. One might object that, under the Second Amendment to the United States Constitution and state law, carrying a weapon is legal, and giving police authority to make an investigatory stop anytime they see lawful conduct is impermissible. Given that guns raise particular problems for law enforcement, making the wrong decision might not be reversible for the officer. The law tolerates some intrusion on lawful activity that presents police with ambiguous acts that could also be unlawful. In a free society, there must be a balance between legitimate police goals, public safety, and individual freedom. The Court believes that to hold that officers may not investigate this conduct under the facts of this case would unduly restrict legitimate police conduct that was reasonable under the circumstances.
That rationale would certainly also apply to open carry, because in the court's view, it's the gun, not the mode of carry, that's per se a threat to office safety.
The court then goes on to allow cops to seize guns for safety reasons:
While the gun was tucked into his waistband, it was immediately within Rodriguez’ reach. Munoz testified that he removed the weapon because he was concerned for officer safety. Given that the officers actually observed the firearm and that it was immediately within Rodriguez’ reach, “a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger.” ... Thus, under these circumstances, the officers properly obtained Rodriguez’ weapon from him to protect their safety.
Thus, any person who possesses a gun within immediate reach is per se a threat to officer safety.
If this sick reasoning spreads nation-wide, it would mean that any person who carries would be disarmed during any LEO encounter, because cops would have authority to assert they were in danger.