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New circuit court ruling in our favor..that make its 4th and 10th.

Right Wing Wacko

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Aug 11, 2007
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645
Location
Marysville, Washington, USA
The simple Open Carry of a firearm, were that is allowed, is not reasonable suspician for an Terry stop. (and this was a felon in possession case0

http://www.ca4.uscourts.gov/Opinions/Published/115084.P.pdf
Being a felon in possession of a firearm is not the default status. More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. Permitting such a justification would eviscerate Fourth Amendment protections for lawfully armed individuals in those states. United States v. King, 990 F.2d 1552, 1559 (10th Cir. 1993).
 
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sudden valley gunner

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hermannr

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MKE brought this out in the General forums section, its a good case and helps thwart those who think RAS, is just "suspicion".



I would disagree. ;)

Let's put it this way: the ability to carry is a right. The method of carry may be regulated, as long as their is an alternative. (in re Brickley 1902)

The WA state constitution does not say anything about regulating the method of carry, but the Idaho constitution does. In the Idaho Supreme Court decision in re Brickley, they ruled there must be an unfettered method available. As most states consider CC dangerous and wish to regulate that method of carry, then the resonable alternative is that OC will be unfettered and unlicensed.

I do believe that is what Gogodawgs is saying.

I also understand whatyou are saying SVG, and do not necessarily disagree with you.
 

carolina guy

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Concord, NC
MKE brought this out in the General forums section, its a good case and helps thwart those who think RAS, is just "suspicion".



I would disagree. ;)

You have to keep in mind that this was a NC case, and the NC Constitution says this about concealed carry:

Sec. 30. Militia and the right to bear arms.
A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.

So...for now, since OC is perfectly legal in NC, CC is regulated and licensed... else illegal.
 

gogodawgs

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Oct 25, 2009
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Federal Way, Washington, USA
[h=2]New circuit court ruling in our favor..that make its 4th and 10th.[/h]
Open carry is a right. Concealed carry is a regulated privilege.

MKE brought this out in the General forums section, its a good case and helps thwart those who think RAS, is just "suspicion".



I would disagree. ;)

I would disagree as well, all I was doing was summarizing the 4th and 10th Circuit courts rulings. My personal opinion is that I can carry however I so choose without government telling me how, where, why....
 

sudden valley gunner

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Dec 13, 2008
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Whatcom County
New circuit court ruling in our favor..that make its 4th and 10th.






I would disagree as well, all I was doing was summarizing the 4th and 10th Circuit courts rulings. My personal opinion is that I can carry however I so choose without government telling me how, where, why....

I know you do...you are a patriot. :lol:

We are on the same page on that, I do realize the gov'ment don't necessarily feel the same.
 
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