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June 2nd, 2011 at 9:38 am
As a New Mexico resident I am interested in reading the actual opinion. It is constitutionally legal to carry open or concealed in your private vehicle here. So they only thing this really changes is that a police officer can detain your firearm during a traffic stop “in the name of safety”. But that is the case in almost any state that allows carry in vehicles including Alaska. I don’t really think the use of the word “seize” is appropriate though. I will try to find the actual opinion today and give it a good read.
June 2nd, 2011 at 10:11 am
Throwing everyone out of the car at the mere sight of a gun was wrong. No question there. But I’m thinking – and correct me if I’m wrong – the gun was coming out of that car and dude was going to jail for having it.
According to the linked article, the driver was a convicted felon. Once his driver’s license was run for the traffic stop, that arrest and conviction would have turned up (right?). Felon + gun = jail.
Court still screwed up royally. How many state high courts is that now? WTF is going on in state courts these days? It’s like a race to see who can effectively nullify the Bill of Rights the fastest.
tweaker
June 2nd, 2011 at 10:35 am
Ohio makes it a requirement for all CCW holders to announce to the Police (if you are carrying) as the Cop approaches the vehicle, or you get in trouble. All others have to have it unloaded, locked up, out of reach, yada, yada, yada. The old days of having a 30-30 in the Rifle Rack are over.
But this Crap coming out of State Supreme Courts, letting the Police get away with Murder, well, the Political Elites must be feeling those “Winds of Change”, and are doing their best to stop the (slow) Re-Birth of Freedom.
June 2nd, 2011 at 11:19 am
@Speaker: The court should not consider the fact that the man was a felon, because the cops did not know that at the time of the seizure. One cannot use facts discovered at a later time as an excuse to violate a person’s rights. That is letting the ends justify the means.
I could similarly use the fact that I found drugs in your home to justify searching it without a warrant. That has historically been the penalty for cops not following the constitution: cops ignore the rules, the court throws out the evidence they discovered by doing so.
This reinforces my opinion that I do not say anything to the cops. Ever. More and more, I am forced to view the police as my enemy. After all, they threaten me and have stolen far more of my money than criminals have.
June 2nd, 2011 at 11:34 am
As a side note, it’s still perfectly legal in Ohio to have a 30-30 in a rifle rack as long as it is unloaded and the action is open.
June 2nd, 2011 at 12:26 pm
Remember the good old days when being a cop was dangerous and they were proud of that?
Now being a cop is safer than being a garbage man, and the cops are still paranoid about everyone.
June 2nd, 2011 at 12:38 pm
I read the opinion and although I do not like the idea of having to temporarily surrender my legally carried firearm during a minor traffic stop, I can’t find a flaw in their legal basis for the opinion except for the subjective definition of “reasonable suspicion”. Yet their definition in line with US Supreme Court opinions regarding similar issues of unreasonable search and seizure.
June 2nd, 2011 at 3:03 pm
So by announce you mean yelling something like this?
“Hey pig I got a motherfucking heater in my waistband! You wanna see it?????”
Of course that may be about the time he calls for backup and they fire 10,000 rounds at the car hitting you 4 times…..
June 2nd, 2011 at 3:58 pm
In NC you can have a loaded firearm in plain view, as long as you are not a prohibited person and you are not in an area where guns are not allowed (school zone, state park, etc. )
June 2nd, 2011 at 7:14 pm
Yeah unless you are in a place like Cary, Raleigh , Asheville, and Charlotte…. There are plenty of smaller jurisdicktions that consider open carry to be going to the terror of the public… Nc is such a patchwork of conflicting laws that open carry is carry at your own risk… It is ok if you are sticking to one area but if you travel even a little you have to check each place your are going to stop ahead of time…
June 3rd, 2011 at 7:58 am
As I posted in the comments to the Reason post:
In GA, the law is the exact opposite of this new NM ruling. See State VS Jones from 2008: http://caselaw.findlaw.com/ga-court-of-appeals/1469578.html
The money quote:
“The officer did not testify to any suspicious conduct or furtive movement on the part of Jones at any time, and he testified repeatedly that he was not in fear of any aggressive action. The officer candidly stated that he had a “standard procedure” of securing any firearm he saw in a vehicle during a traffic stop, because “several times” he had found a stolen gun in a vehicle. He had, however, no reason to believe that this particular hunting rifle was stolen.
The trial court granted the motion to suppress from the bench, explaining that the State had failed to show any legal justification for the officer’s insistence on seizing Jones’s firearm. We agree.”
June 4th, 2011 at 8:26 pm
Its sad but cops have become the enemy to any law-abiding gun owners. They want to be the only ones with guns. Constitution be damned, all I can say is get video and audio whenever you can its the best defense.