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Old March 2, 2013, 10:53 PM   #1
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,660
Bad Plaintiff, but Good Law

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).
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.
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