>>Let’s say there’s a big old sign that says, among other things that there are no firearms allowed in the park. Does that make the arrest legitimate?
>
>Hmmm. Well, if the state law says it’s ok to carry in parks I think that would render the, assuming it’s a towns law, void.
Well, the State Constitution is supposedly the highest non-US Constitution law of the land (state).
>>Does this information change the answer you would have given above?
>
>Certainly gives one pause to be sure. For me, I have CCW’s for years and would never open carry. That’s just me, but you raise a great point. I guess it all comes down to how far we’d like to take it, ya know?
Indeed. I’m tempted to push the issue.
I could raise Seven Shit Storms, legally speaking...
Imagine:
I could call myself in to the police for carrying openly in the city-park and demanding that the officer arrests me.
(Hopefully they would use more than just one police officer to make the arrest... but that comes into play later.)
In court:
1 — Challenge the validity of the *law* under which I was arrested according to Art II, Sec 4.
2 — Challenge the validity of the *law* under which I was arrested according to Art II, Sec 6.
3 — Challenge the validity of the *arrest* itself, based on #1.
4 — Challenge the validity of the *arrest* itself, based on #2.
5 — Challenge the validity of the *law* under Art II, Sec 1.
6 — Charge the arresting officers on the basis of this law: http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000241——000-.html
7 — Charge the [entire] state legislature on the basis of the above.
Ah, I can almost smell the Chaos.
[NM State Constitution, Art II: http://www.conwaygreene.com/nmsu/lpext.dll?f=FifLink&t=document-frame.htm&l=query&iid=6c1804dd.55b72e94.0.0&q=%5BGroup%20%27nmc%20artii%27%5D ]
wear yer kevlar...8^}