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4th Circuit: Carrying a Firearm in an OC State Does Not Create Reasonable Suspicion

Discussion in 'Legal' started by Bubbles, Mar 18, 2013.

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  1. Bubbles

    Bubbles Member

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    That's one heck of a headline...Fourth Circuit Finds That Carrying a Firearm in an Open-Carry State Does Not Create Reasonable Suspicion and Provides Thorough Analysis of the "Free to Leave" Standard of Seizure

    Good overturning! Now I just need to send a link to the decision to the cops in Wheeling, WV so they stop messing with OC'ers. :D
     
  2. General Geoff

    General Geoff Member

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    Great news about the ruling!


    One question though, why did this case even end up in a Federal court? From a brief skimming of the article, it seems that local police were the ones involved. Does NC not have a prohibition against convicted felons possessing firearms?
     
  3. NavyLCDR

    NavyLCDR member

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    Basically the same thing/ruling happened in Washington State as well... open carry of a firearm alone does not provide legal justification for a Terry Stop:

    State V. Casad

    http://forum.nwcdl.org/index.php?action=downloads;sa=downfile&id=9

    Part of the problem is that even some "pro-2A" gun owners/carriers treat open carry of a firearm as worthy of suspicion.
     
  4. sonick808

    sonick808 Member

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    Very pragmatic opinion. I gained back a modicum of faith in the system!
     
  5. MagnumDweeb

    MagnumDweeb Member

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    Okay so do we get this to the SCOTUS and make open carry national?
     
  6. tyeo098

    tyeo098 Member

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    Well... like, the guy WAS carrying illegally, its just the method how how the police found out that let him go free :D

    Rather neat case though and a education in not-so-voluntary encounters.
     
  7. krupparms

    krupparms Member

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    Gen.G., I am not an attorney. But I know of a similar case! The local PD was involved, but it is in federal court because of federal civil rights violation! That may be the reason it is in federal court there!
     
  8. Frank Ettin

    Frank Ettin Moderator

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    Federal court is usually the preferred forum when there's jurisdiction and the core issue is a constitutional issue.
     
  9. krupparms

    krupparms Member

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    Can anyone please provide a link to this ruling? I would like to send it to someone! Thanks! The above is what I was told also.
     
    Last edited: Mar 19, 2013
  10. Bubbles

    Bubbles Member

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  11. krupparms

    krupparms Member

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    Thanks I found it. Didn't scroll down far enough! Thought it was nothing there. On cell phone. Thanks for the information! WILL PASS it on!
     
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