The case, U.S. v. Robinson, arose after police stopped and searched a West Virginia man named Shaquille Robinson. Robinson, who had been seen earlier that day with a loaded gun, challenged the stop and frisk on the basis of the Fourth Amendment. He said that, while the officer had good reason to believe he had a gun, his possession of a gun did not give the officer grounds to believe that he was dangerous. The search, therefore, was unconstitutional.
The Court, predictably, ate this line of reasoning for lunch. It’s not that Robinson is wrong—but anti-gun judges were no doubt salivating over the prospect of enshrining in law the logic that guns = dangerous.
Read more at https://www.gunsamerica.com/blog/court-rules-firearm-possession-forfeits-fourth-amendment-rights/
Courts get it wrong again.
So where are the blm riots?
There, fixed it.
In some states you have to inform the officer that you have an permit and that you are (or are not) carrying the weapon at that moment. You might also have to hand the weapon to the officer. He might keep it in some situations whereupon he will issue you a “receipt” for your weapon.
Or should you wait until they ask if you are carrying?
Seriously?! I'm not sure how to react. Would the supreme court overturn this?
Carrying puts the carrier at risk?
I’ll bite. How?
To what areas of the country does this apply?
INALLIENABLE
Take it on up to the USSC....now that we have the nominee enroute.
"Leftist Judges in Fourth Federal Circuit Court decide that using your Second Amendment Rights voids your Fourth Amendment Rights."
I hope the Supreme Court overturns this first thing after Trump's replacement for Scalia is approved.
The court is wrong.
In Michigan, CPL holders are required to inform an officer that they (the driver) have a CPL and also tell where the gun is. So, the following part of the ruling would make a search invalid.
” Accordingly, law enforcement officers may frisk lawfully stopped individuals whom the officers reasonably suspect are carrying a firearm because a detainee’s possession of a firearm poses a categorical “danger” to the officers”
I have been stopped a few times (expired plate, headlight out) and always roll my window down and put both hands out the window...cos I know that before they’ve hit their lights, they’ve run my plates and know I have a CPL.
This method also worked well on n Iowa, when I was taking a snooze just off the freeway. Evidently, out there if you’re sleeping with the seat laid back and cowgirl booted feet up on the dash, they think you’re either dead or drunk :) The officer did appreciate my little performance, once I was awake enough!
So, the moral of the story is this: If you pretend cops are like bears and are more afraid of you than you are of them, go the extra mile to assure them that you are not a danger to them, right from the beginning.
Was he violating state law?
Why did this wind up in Fed. Court?
This looks as though it could and would affect the reciprocity agreement for licensed carrying of a concealed weapon which exists between my state and WVa.
(Exclamation point)
So basically it is what you have not what you admit or are found convicted of?
That is one heck of a Marxist ruling.
What next? Guilty because you got
money!? But idiot bourgeois scared of guns but who like money always fall for this trap of division
Well, I can just see this spiraling out of control.
Following the logic that if I am carrying a concealed weapon and am a danger to those around me wouldn’t that naturally lead a female officer to believe that since I am a male and in possession of a penis that I am capable of sexually assaulting her?
I have raised this ‘argument’ before....
Our legislature in Virginia has just passed a bill that would prohibit the State Police from releasing carry records to states that do not recognize our permits.
A ‘major’ problem is the Route 50 area in West Virginia (gun friendly) there is a short portion that runs through Maryland and the MD police have been known to stop VA & WV cars and try to find weapons....
It has passed the VA Senate (by a veto proof margin) and now is in front of the Congress - which is usually gun friendly.
After the cop pulls you over, and before he walks to your car, he has already radioed your license plate number in. He knows before he approaches if you have a CC permit or not.
I put my window down and put my hands on the top of the steering wheel. When he gets to my door I advise him I have a CC permit and am armed. Not one has asked to see my permit nor my gun. Not only is that the law in Ohio, but also common courtesy. And I know to sure and certain that there are crooked cops out there.
Just saying.
Some States are “Must inform” and others don’t require you to inform an officer that you have a weapon. Mississippi is one that doesn’t require it.