I am sick and tired of seeing cops unlawfully commit un-Constitutional stops of individuals carrying a firearm in the
“open carry” manner.
On September 8, 2009, U.S. District Judge Bruce D. Black — a federal judge — held that the mere act of carrying a firearm in a lawful manner constitutes neither RAS (reasonable articulable suspicion) nor PC (probably cause), and that stops based solely on lawful carry are un-Constitutional.
In St. John v. Alamogordo, Judge Black’s 2009 ruling was at the U.S. District Court (New Mexico) level, which is a federal court.
He’s a federal judge, which means he was appointed by the President of the United States and confirmed by the United States Senate pursuant to the Appointments Clause in Article II of the United States Constitution.
For the complete text of the case, follow the link below. It’s such an incredibly well-researched case that if you are ever stopped for no other reason than the fact you’re openly carrying a firearm (See Note 1), just hand it to your attorney and file suit against the offending law-enforcement officers.
Un-Constitutional is un-Constitutional, regardless of your town, city, county, state, or federal district.
Note 1: This doesn’t apply to the blithering idiots to wander around trolling for responses by cops so they can post them on YouTube.