Federal judge rules police cannot detain people for openly carrying guns

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."






http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m9d9-Federal-judge-rules-police-cannot-detain-people-for-openly-carrying-guns







Mr. St. John's attorney, Miguel Garcia, of Alamogordo, NM was pleased with the ruling and look forward to the next phase of the litigation which is a jury trial to establish the amount of damages, and possibly punitive damages. Garcia said that



"[i]t was great to see the Court carefully consider the issues presented by both sides and conclude that the U.S. Constitution prohibits the government from detaining and searching individuals solely for exercising their rights to possess a firearm as guaranteed by our state and federal constitutions."



Notably, Judge Black denied the police officers' requested "qualified immunity," a judicially created doctrine allowing government officials acting in good faith to avoid liability for violating the law where the law was not "clearly established." In this case, Judge Black concluded that



"[r]elying on well-defined Supreme Court precedent, the Tenth Circuit and its sister courts have consistently held that officers may not seize or search an individual without a specific, legitimate reason. . . . The applicable law was equally clear in this case. Nothing in New Mexico law prohibited Mr. St. John from openly carrying a firearm in the Theater. Accordingly, Mr. St. John's motion for summary judgment is granted with regard to his Fourth Amendment and New Mexico constitutional claims. Defendants' motion for summary judgment is denied with regard to the same and with regard to qualified immunity."















Judge Black's opinion and order can be read here.











Case 6:08-cv-00994-BB-LAM Document 48 Filed 09/08/2009 Page 1 of 16











I hope the link works.



It's high time we had someone on the bench that stands up for the rights of the law abiding citizens. Judge Black is to be commended for understanding what the Constitution means. He won't make the Supreme Court anytime soon. They are having this fight right now in Wisconsin. Open carry is legal there, yet there are police departments in some of the larger cities having a fit. The Wisconsin Attorney General even clarified the law for them and they are still harrassing citizens exercising thier rights. The only open carry allowed in Iowa is while hunting, fishing and trapping and then only in un-incorporated areas.













Judge Black's opinion and order is welcome news for the growing number of open carriers across the United States. Though police harassment of open carriers is rare, it's not yet as rare as it should be - over the last several years open carriers detained without cause by police have sued and obtained cash settlements in Pennsylvania, Louisiana, Virginia (see additional settlement here), and Georgia. More cases are still pending in Ohio, Wisconsin, Michigan, and Pennsylvania.







Open carry is legal in 42 states. Here'sm the map.



http://www.opencarry.org/opencarry.html





I know there will be some liberals that think it's horrendous that someone would exercise thier rights. Well, that's the way it goes. No is infringing thier rights. Last time I looked, the Bill of Rights was still in full force in this Country. That is unless you are exersiing your 2nd Amendment rights. Then you must be up to no good.

I have carried a handgun open and concealed for over 30 years. I have yet to commit a crime or even draw my weapon for any reason. I hope I go another 30 years. And to all the "guns are only for killing people", mine are defective, they haven't killed anyone.