Open Carry Terry Stops Legal or not?

[Rich B]

Oh, now Goldberg wasn't about OC? Yes, technically it was about whether the PD had qualified immunity. The court found...as I stated...that an exposed firearm was RAS as a predicate finding in favor of granting QI to the police for stopping/detaining the plaintiff. So...with respect to my statement above..."at least one court found OC to be RAS" is indeed a true statement. the decision says as much. the only act ascribed to the plaintiff was OC.

No. Goldberg was not about OC. He was attempting carry concealed. The courts have ruled before that OC != inadvertent exposure.

Also, the qualified immunity standard then and now is very, very different based on the amount of education that is out there. OC in CT was unheard of before Goldberg.

 

[CT Barfly]

No. Goldberg was not about OC. He was attempting carry concealed. The courts have ruled before that OC != inadvertent exposure.

Also, the qualified immunity standard then and now is very, very different based on the amount of education that is out there. OC in CT was unheard of before Goldberg.

Clearly, the judge's stated opinion is meaningless. Thanks for correcting the record. Will a court accept your forum posting as controlling authority?