Federal judge rules police cannot detain people for openly carrying

DaveH · September 16th, 2009, 10:47 AM

From VCDL ALLERT

Quote:

Federal judge rules police cannot detain people for openly carrying guns

**************************************************

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

Quote:

[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]

SIXTO · September 16th, 2009, 10:55 AM

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 · September 16th, 2009, 10:59 AM

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 · September 16th, 2009, 11:04 AM

Good.

shooterX · September 16th, 2009, 11:08 AM

Quote:

Originally Posted by 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.

+1

TheGreatGonzo · September 16th, 2009, 11:12 AM

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 · September 16th, 2009, 11:33 AM

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 · September 16th, 2009, 05:45 PM

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 · September 16th, 2009, 07:56 PM

Quote:

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 · September 16th, 2009, 09:02 PM

Quote:

Originally Posted by HotGuns

Good.

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

September 16th, 2009, 10:55 AM	#2
SIXTO VIP Member Join Date: Oct 2006 Location: Ohio Posts: 12,258	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. __________________ _________________ \|^^^^^^^^^^^^^\| \|___ \| SIXTO EXPRESS---\| \|\|'\|";,__. \|_..._...___________\| \|\|_\|_\|...,] "(@)'(@)""""\|(@)(@)*****(@)

September 16th, 2009, 10:59 AM	#3
tangoseal Member Join Date: Feb 2009 Location: WoodStock, Georgia Posts: 355	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. __________________ "I believe that the right of the citizen to keep and bear arms must not be infringed if liberty in America is to survive." - Ronald Reagan

September 16th, 2009, 11:04 AM	#4
HotGuns Moderator Join Date: Dec 2004 Location: Arkansas Posts: 7,620	Good. __________________ AR. CHL Instr. To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical. Thomas Jefferson

September 16th, 2009, 11:12 AM	#6
TheGreatGonzo Senior Member Join Date: Dec 2004 Posts: 679	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. __________________ Sometimes good people have to do bad things to bad people to keep bad people from doing bad things to good people.

September 16th, 2009, 11:33 AM	#7
hogdaddy Distinguished Member Join Date: Mar 2008 Location: N/E Florida Posts: 1,232	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 __________________ WE SAY GRACE & WE SAY MAM IF YA AINT IN THE SOUTH WE DON'T GIVE A DAM / WE CAN SKIN A BUCK & RUN A TROUTE LINE & A COUNTRY BOY CAN (SURVIVE)>>HANK JR. Last edited by hogdaddy; September 16th, 2009 at 08:21 PM..

September 16th, 2009, 05:45 PM	#8
automatic slim Distinguished Member Join Date: Jul 2008 Location: The western edge of The Confederacy Posts: 1,223	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. __________________ "First gallant South Carolina nobly made the stand." Edge of Darkness

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