Federal judge rules police cannot detain people for openly carrying guns

[Cyrano]

Here's a refreshing breath of sanity from the courts in the matter of Second Amendment rights:
On September 8, 2009, United States District Judge Bruce D. Black of the United States District Court for New Mexico entered summary judgment in a civil case for damages against Alamogordo, NM police officers. The Judge's straight shootin' message to police: Leave open carriers alone unless you have "reason to believe that a crime [is] afoot."

Here's a link to the article:

Federal judge rules police cannot detain people for openly carrying guns

This case is only applicable in states that allow open carry, of course. But considering that open carry is allowed in 42 states and requires no license in 26 of them, it's definitely a victory for American gun owners.

[ArkansasHunter]

After reading yall click on...The Blue colored Legal in 42 states. You'll be glad you did...A.H

[SightNSqueeze]

That is great news. We don't have an official open carry policy in South Carolina, but early morning hunters have been known to stop off at the local convenience stores with guns strapped to their hips rather than risk leaving them in their trucks. It’s kind of hard to conceal carry a .44 mag Ruger Super Blackhawk.

[SwedeSteve]

If you are "to and from" it should be legal...PERIOD !!

[SKS NOOB]

Well, if one wanted to be "politically correct" about it, an officer COULD ask to see just their CC license and leave it at that if there is suspicious behavior about it.

On a side note, one has to remember that we live in a society that has "put down its guns" letting the police take care of everything. That doesn't make them sheep necessarily but does put them in a "blind spot" about presonal safety and personal defense. Even I still wouldn't feel comfortable carrying in the open because of "what the populace thinks" syndrome. Acutally, it's almost the same thing that Christians would feel about expressing, not pushing, their faith in public. Sometimes I think that society an impossibly pristine environment of "no conflict" so we go screaming at our government to fix it all. Laws are beginning to micro manage our lives as opposed protecting us. Ok, turning the RANT leaver back off.

[Lobo0311]

Originally Posted by SKS NOOB

Well, if one wanted to be "politically correct" about it, an officer COULD ask to see just their CC license and leave it at that if there is suspicious behavior about it.

On a side note, one has to remember that we live in a society that has "put down its guns" letting the police take care of everything. That doesn't make them sheep necessarily but does put them in a "blind spot" about presonal safety and personal defense. Even I still wouldn't feel comfortable carrying in the open because of "what the populace thinks" syndrome. Acutally, it's almost the same thing that Christians would feel about expressing, not pushing, their faith in public. Sometimes I think that society an impossibly pristine environment of "no conflict" so we go screaming at our government to fix it all. Laws are beginning to micro manage our lives as opposed protecting us. Ok, turning the RANT leaver back off.

Without getting into the content of the second paragraph, your first paragraph is invalid due to the fact that OPEN carry negates the debate on CONCEALED carry. If you are in one of the "gold star" states you don't need a license to OPENLY carry, as long as it is visible and you are conducting yourself in a safe and otherwise law abiding way, there is no need to have undue interaction with LEO's anyway.

[CrazyIvan]

I'd be affraid to go into Denver with an Open Carry. The Denver cops have gotten pretty bad the last couple of years. A friend of mine works for Denver Sheriff's Dept. and he is always telling me stories of how people are brought in after being beat up by the Denver cops for no apparent reason. It's not just that though. Publicly, they have been having the same stories go on, and it is only getting worse.

No doubt there are some great cops on the DPD, but quite a few of them are nasty, nasty guys who will throw ya up against a car, beat ya down with their flip stick or taze you for not a very good reason.

[DesertRaider109]

What's the law relating to open carry of rifles?

[Earl Easter]

Although my state allows both conceal or open carry in certain areas with the proper license this is mostly why i conceal. There still are way to many pencil necks that do not know the laws and as far as detained, personally i would not like that a bit. Good to hear that a true honest person had such great patients under those conditions....

[larmus]

Originally Posted by DesertRaider109

What's the law relating to open carry of rifles?

in our state you can carry a loaded rifle or shotgun anywhere on your person or in your vehicle, just not concealed on your person... if it is an assult type rifle as long as it is standard I.E. not short barreled or full auto you will not be questioned but if it is a SBR or full auto you need to carry all certs. and stamps that go with the weapon you carry

[BunnyWabbit]

It says Kansas is an open carry state, but the only time I see anybody open carry is people that work at gun shops. And me being a CCW holder, if my gun shows at all I can get in trouble for brandishing a weapon.

[patrick70]

That is some refreshing news for a change.

[DaTeacha]

When I lived in Michigan, I had a carry permit for concealed carry that specified that it was for hunting and hiking only -- the basic idea was if you were hunting with a handgun and your coat should happen to cover the gun, the license covered your butt.

Here in Ohio, an open carry state according to the link A.H. so thoughtfully pointed out, I couldn't have the gun in the car without a CCW permit, and couldn't bring it onto school property or within 1000 feet of any school building thanks to the federal law about school zones. Most schools are easily within 1000 feet of a roadway, so in theory at least, anyone driving past a school with a firearm in their vehicle could be arrested and charged with violating the federal law.

Be very sure of what you are doing and where you are going, including your travel path, if you decide to open carry. Again, a gun on my hip while in my car is considered concealed in this state and requires a permit.

[TXplt]

Open carry and concealed carry both have their advantages. I personally prefer concealed in most cases when in urban areas (TX doesn't allow OC but hopefully will at some point) but both should be allowed without encumbrance (and technically are for those who can still read our Constitution).

One major advantage of OC is it desensitizes the sheeple and reminds them of their right and responsibility as a Free Man or Woman to be armed. If more folks OC it becomes an accepted part of everyday society (kind of like AZ when I was stationed there years ago and folks would OC routinely while riding) which is entirely appropriate and a good thing. The down side to OC is while it might be more comfortable and deter crimes of opportunity you have tipped your hand and do become a target for the "dillinger" type of criminal who is going to commit their crime no matter what.

We need to work to get rid of "no carry" zones btw.

The 1000' thing was overturned as far as I know in the mid 90's by the SCOTUS and the law which was amended as a result was limited to demonstration that your carrying/transporting in some way affected interstate commerce (although it's still unacceptable from an RKBA perspective):

http://www.law.cornell.edu/supct/htm...4_0549_ZS.html

However, I believe there is still technically a chance for enforcement if a prosecutor can prove that going within 1000' (without a CHL--with a CHL you're OK as long as you're not carrying on the actual grounds as defined by your state as far as I know -- an example would be OC without a license within 1000' of a school) would affect interstate commerce in some way which is quite a stretch.