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Open Carry

Eugene Volokh: Police May Not Even Temporarily Detain a Person Simply Because He’s Openly Carrying a Handgun,

6 Responses to “Open Carry”

  1. KingsideRook Says:

    Wish I’d had that info a few years ago…

    KsR

  2. Pol Mordreth Says:

    Don’t count on it everywhere. This specifically applies only to NM. By extension it should apply to any states where open carry is allowed without permit. Here in TN, carrying a handgun is illegal. Having a carry permit is a defense to the charge of wearing a handgun with the intent to go armed. So, in TN, the police can stop you to verify your permit if they see you carrying, openly or concealed (and printing, etc0

    respectfully,
    Pol

  3. JKB Says:

    Remember this will only help you in the lawsuit. On the sidewalk, attempting to vehemently argue the point will only get you tazed.

    I did like that the police (defendants) tried to assert that the stop was proper as the guy was about to commit a crime if he didn’t leave when they told him to go and would therefore be trespassing. This argument was as they say unpersuasive.

  4. Chas Says:

    There was a US Supreme Court ruling some years back that “mere possession” of a handgun was not sufficient reason for police to stop and search someone. A convenience store clerk had seen the gun and called the police on the man; the police stopped him and found the gun.
    It’s so obscure that I can’t find it when I Google it, but I remember that I cut the article out of the paper. Can’t find that either, but I know it was a USC ruling. Anyone know it?

  5. mike w. Says:

    Chas – Are you referring to Florida v. JL?

    http://www.law.cornell.edu/supct/html/historics/USSC_CR_0529_0266_ZS.html

  6. Chas Says:

    I think it was a different case. I seem to recall that the police stopped him after a convenience store clerk had noticed that he was carrying a gun.

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