To Quote from Pp. 13 and 14 of the recent opinion,
U.S. v. Black (CA4), Reversed and Vacated:
Quote:
The Government contends that because other laws prevent convicted felons from possessing guns, the officers could not know whether Troupe was lawfully in possession of the gun until they performed a records check. Additionally, the Government avers it would be "foolhardy" for the officers to "go about their business while allowing a stranger in their midst to possess a firearm." We are not persuaded.
Being a felon in possession of a firearm is not the default status. More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. Permitting such a justification would eviscerate Fourth Amendment protections for lawfully armed individuals in those states. United States v. King, 990 F.2d 1552, 1559 (10th Cir. 1993).
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This is the 4th circuit agreeing with the 10th circuit (and a NM Federal District Court) that openly carrying a firearm, in those States that this is permitted, is not grounds for a reasonable and particularized suspicion that wrong doing is afoot. The police cannot proceed with a Terry Stop, without more.
Although the decision does let a felon in possession get "off the hook," as it were, the decision is a good one for maintaining the 4A as a valid restriction on the actions of the government.
Amidst all the fervor over encroachment on our rights, this is an excellent decision.
I would also add that Judge Davis, was also on the panel that heard the
Woollard case. Does not mean that he agrees with Gura, but one can hope.