Federal judge rules police cannot detain people for openly carrying

[DaveH]

From VCDL ALLERT

Federal judge rules police cannot detain people for openly carrying guns

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As I [Philip Van Cleave, President of VCDL] read this article about an open carrier being harassed by police in New Mexico, I can't help but recall two very similar incidents that occurred much closer to home. I'm speaking of the two incidents in Norfolk where Danladi Moore (Hours after Norfolk City Hall visit, gun advocate is detained | HamptonRoads.com | PilotOnline.com) and Chester "Chet" Szymecki Jr (Norfolk to pay $15,000 in Harborfest gun arrest case | HamptonRoads.com | PilotOnline.com) were detained and arrested as a result of legally open carrying a handgun. Both cases resulted in an out of court settlement to the open carriers ($10,000 and $15,000, respectively). While there is no word on whether the New Mexico case will result in a monetary judgment, one thing is clear.

More cities are learning that harassing open carriers can be an expensive mistake.


Federal judge rules police cannot detain people for openly carrying guns

examiner.com
Mike Stollenwerk

[SNIP]
On September 8, 2009, United States District Judge Bruce D. Black of
the United States District Court for New Mexico entered summary
judgment in a civil case for damages against Alamogordo, NM police
officers. The Judge's straight shootin' message to police: Leave
open carriers alone unless you have "reason to believe that a crime
[is] afoot."
[SNIP]

[DefensiveCarry.com]

[SIXTO]

Thats nice and all, but police still can and will detain for suspicious activity. Open carry may or may not be a factor in that.

[tangoseal]

Yeah suspicious.

If you are just buying a soda at the gas station or eating a chicken sandwhich surfing the internet on your iphone you are not allowed to be detained or harrassed. So this is a very good ruling in favor of our 2a.

[HotGuns]

Good.

[shooterX]

Yeah suspicious.

If you are just buying a soda at the gas station or eating a chicken sandwhich surfing the internet on your iphone you are not allowed to be detained or harrassed. So this is a very good ruling in favor of our 2a.

+1

[TheGreatGonzo]

Good? Yes. But only a good start. It only applies to that particular district. However, it does also provide some level of precendent for future cases, so that is good as well.

[hogdaddy]

And the judge rule the MAN CAN"T HIDE BEHINDE BADGE so personal suit in order also,beside the$$ the county is paying him PS I don't have to worrie about that we are a tourist state so we will keep conceald

[automatic slim]

You just can't fix stupid. New Mexico has been an open carry state since 1912 when it joined the union. As a youngster I used to carry my .22 rifle down Main Street and no one looked twice, including the police. One time I was carrying a M1 carbine and the Chief of Police offered me a ride home, not to jail.
This incident happened in the southern part of the state where OC is most common. Except for a couple of cities, it's all open desert where target practice is commonplace out in the boonies instead of at a range.
I can almost bet these officers moved here from another part of the country, which of course doesn't excuse their behavior.

[HotGuns]

I can almost bet these officers moved here from another part of the country, which of course doesn't excuse their behavior.

But it can explain their mindset.

Big city depts. just think different. Whenever they see someone with a gun, it's usally in a bad way.

Rural depts see them used in lots of more ways than bad, and they understand that the gun alone is only a tool used by someone.

City depts. see GUN and they pull out their pistols and shotguns.

Rural depts. see GUN and they say, "what kind"?

[Ram Rod]

Good.

Indeed. I've been watching this on yahoo groups for my state.
ArkansasShooters : Arkansas Shooters

[rottkeeper]

Thats nice and all, but police still can and will detain for suspicious activity. Open carry may or may not be a factor in that.

No offense meant to you Sixto but you know there are some that would use that as a net to justify detaining someone. There are some that forget what it's like to not have a badge in their back pocket and have to be like everyday people.

I have worked with a number of them, to here them talk out of public earshot would make your skin crawl.

[retsupt99]

Does an open carrier really look suspicious to LEO's?

If so, maybe their town or county has not written enough checks yet.

[ccw9mm]

Good. It's about time.

Though, we'll see whether the state Robes decide this applies to them or not. I'm sure it won't make much difference on the street, for awhile, in places that deem upstanding citizens criminals for merely carrying.

Thats nice and all, but police still can and will detain for suspicious activity. Open carry may or may not be a factor in that.

Just so long as going about one's business is effectively identified, we'll all get along on that one. Otherwise, law enforcement and the towns they work for will continue to foot bills for aggressive and harassing behavior when the supposedly heinous activities continue to turn out to be harmless, unprovocative, not inciting anyone to riot, neither preparing for nor engaging in anything criminal, and so on.

Have seen it, here, as well. I'm sure in many cases it's due to lack of training and ignorance of the statutes. Though, I'm sure in many cases it's due to disdain for the ability of citizens to be unmolested for doing nothing. Each case is different.

Now, if this sort of ruling can occur at the state levels, including covering what universities and colleges cannot do to bugger students and faculty who dare carry. You get your noogies nailed to your forehead, now, if you dare go open; and, if you're a student or faculty member caught carrying, concealed or openly, you can kiss goodbye the hallowed halls of wisdom. It's baloney.