Posted on 12/31/2009 9:46:30 AM PST by Still Thinking
It's open season on gun carriers.
A case out of the First Circuit has some painful lessons for gun carriers in Georgia. A United States Circuit Court of Appeals last week upheld the constitutionality of pointing a gun at any citizen daring to carry, lawfully, a concealed weapon in public.
The First Circuit Court of Appeals is the Court just below the United States Supreme Court in the New England states. The case stems from a lawyer who sued a police officer after he was detained for lawfully carrying a concealed weapon while in possession of a license to carry concealed. According to the case opinion, the lawyer, Greg Schubert, had a pistol concealed under his suit coat, and Mr. Schubert was walking in what the court described as a "high crime area." At some point a police officer, J.B. Stern, who lived up to his last name, caught a glimpse of the attorney's pistol, and he leapt out of his patrol car "in a dynamic and explosive manner" with his gun drawn, pointing it at the attorney's face.
(Excerpt) Read more at examiner.com ...
So, the officer felt threatened or privileged? Not really following you.
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His question was clear to me ... I see tigers at the zoo but I don’t feel threatened by them and I wouldn’t feel threatened if I saw a glimpse of a gun being carried by someone that did not appear to be up to something.
Good for the cop. A real man can handle himself without a gun. If the lawyer is too afraid to go out without a weapon he is either a punk or a pansy.
Then what about the cop?
So? The incident occured in MA and the news source is out of GA. Did you even bother to read the article?
Texas may not honor a person’s right to carry as they choose but they are in the minority of states.
Hmm, that puzzles me.
In Michigan a CPL (concealed pistol license) is in the system along with drivers license and plate registration. Therefore, if a cop 'lights up' and pulls over a vehicle he knows if the registered owner has a CPL just by running the plates.
Now, in this instance, the cop was in his cruiser when he spotted the citizen. Why couldn't he verify the concealed carry license along with the drivers license (valid state ID) and case closed?
Do not all states have this interchange of information or ability of officers to verify information from within their vehicles?
Indiana does.
I have a concealed carry permit from my state.
My state requires you to carry your firearm concealed. If it bulges out but is covered by clothing that is OK.
I don't know where you get the idea that the law is anything that you say it is. Good luck with that.
The officer confirmed that the lawyer had a facially valid concealed carry permit, then impounded the firearm, and left the permit holder defenseless in a high crime area after telling the lawyer that he was the only one allowed to have a firearm in his beat.
The court upheld this insane bit of illogic by saying that the officer had no way to immediately check the records to see if the permit was valid (presumably it might have been revoked, I suppose. This makes no sense to me, because if the officer thought the permit was not valid, why would he have left the lawyer without arresting him?
This is a truly bad court decision, but what do you expect from the New England States.
http://www.opencarry.org/ga.html
Best regards,
I was talking about my state.
You were talking out your exit orifice.
Perhaps "your state" will one day once again understand and re-establish the glories of the Constitution!
Only a minority of states require concealment. You live in one of the oppressive ones that do which has nothing to do with anything in this article. Neither the state this article is pulished in or where the incident took place in require a firearm to be concealed.
ping (a few days late)
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