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Old November 23, 2012, 10:07 PM   #23
Senior Member
Join Date: July 26, 2005
Location: The Bluegrass
Posts: 8,389
If i understand this correctly, it seems that a suspicion (subjective) of one having a gun means that they are subjected to a search. I dislike the notion that there is an inherent negative quality associated with the carrying of a weapon. "He might have a gun, so he's probably doing something wrong."
First, to conduct a Terry stop/frisk there must be a reasonable (objective) and articulable suspicion that the person has violated or is in the process of violating the law or carrying contraband. For a the safety frisk, there must be a separate, reasonable (objective) suspicion the suspect might be armed. If carrying concealed is not unlawful in that state/municipality, then merely suspecting one of carrying a gun does not justify a stop or frisk. If it is illegal to do so, then a stop and frisk may be warranted if there is reasonable suspicion based on the totality of the circumstances.

Keep in mind that the right to carry concealed has generally NOT been protected. States have had the right to ban or regulate concealed carry. The federal 2A rights are still being explored.
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