A recent case that pitted the 2nd Amendment (gun rights) against the 4th Amendment (search and seizure) was ruled on by the 4th Circuit Court of Appeals in favor of the police. They can search anyone suspected of carrying a concealed weapon, even if the person has a permit. By going too far with this ruling they have given more power to the police at the cost of two rights guaranteed under the Constitution.
19 Comments on A Wrong Ruling On Two Rights?
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Dead link. Fake News
Next.
Ditto
If you are LEGALLY carrying a concealed weapon then you shouldn’t have an issue with this.
Here’s the link. Not hardly fake unfortunately.
http://www.nationalreview.com/article/444180/gun-control-fourth-circuit-court-appeals-concealed-carry-permit-firearms-civil-rights
I suppose the databases are all linked together, so that’s just great every conceal carry permit will be searched regardless of a gun. Fuckers gunna mess up my lint collection I keep in all my pockets.
From MC:”If you are LEGALLY carrying a concealed weapon then you shouldn’t have an issue with this.”
Yeah, I do. By this ruling I’ve been designated a threat by that court. On the other hand, the state that issued my permit, executed my background and records check has deemed me not a threat.
They need to make up their fucking minds. Maybe compare notes.
And just maybe judges should interpret law, not coin them.
Any cop who pulls me over and checks my drivers license will know i am a concealed carry permit holder. That then gives him reasonable cause to assume I am carrying, and therefore he can (according to this insane ruling) search me (and presumably my car). If I am in a state other than my state of residence, I am subject to arrest if I am carrying. This is bullshit, and hopefully will be appealed (after DJT names Scalia’s replacement).
Lowell
It’s worse than that. “Suspected” of carrying. They’ve got no constitutional right. What justifies suspicion? It’s free reign to search anybody anytime
I can understand giving as much leeway to the police as possible, but this appeals court purposefully tried to make new law by giving them carte blanche to search anyone anywhere at any time on the suspicion that the individual has a fire arm. They don’t even need to know a person has a conceal carry or suspect that the person has broken a law.
All they have to declare is “I suspected the person had a fire arm.”
I wonder if the ruling applies to someone wearing a speedo or briefs underpants?
But they call stop and frisk unconstitutional? how?
This was an obviously political move from a trashy judge in Richmond. Maryland has been harassing VA drivers using license plate scanners, and bills are in the works to stop the sharing of CHP information to end that. Hopefully this one will make it to the Supreme Court, but expect it to be abused in the meantime.
This is why we elected Trump. Next stop, SCOTUS.
So now cops can search anyone at anytime. And the lefties hate
stop&frisk. This will pop their
corks. The NRA and ACLU on the
same side? Whoa.
the ‘State’ will always rule in favor of the ‘State’
Please call and refer to, “Stop and Frisk,” as to what is really is, Terry vs Ohio.
It doesn’t mean any officer can stop you on the street at any time and pat you down. However on the topic at hand, what Bull Shoney.
Got a CCW? Have a nice day. Take into consideration that good cops hate asshole cops too. Discretion is still the basis of quality policing.
BigGun,
If you were the only guy pulling my ass over for a broken tail light I wouldn’t sweat it. The CHP are a problem.
Not required to tell a cop if I’m carrying, it’s
in the law. Ever targeted for my 100% weapons
registration here on island and pulled over? Nope,
not in the last 20 years. Never even been asked if
I’ve been carrying or had weapons in the car.
We have huge concentrations of guns here on island.
We all buy munitions by the case and get targeted by
the BATF and NCIS when our clearances are renewed.
They can blow us.
But…. don’t put ANY limits on the SCOTUS-created “right” to an abortion at any time up to the moment the kid comes sliding out of the birth canal.
Put another way: If GUN rights were protected like ABORTION “rights”, we’d be driving M1 Abrams tanks and carrying fully-automatic weapons with grenade launchers attached.
“Fuckers gunna mess up my lint collection I keep in all my pockets.”
– eternal cracker p
You should switch to belly button carry for your lint.
My wife was the only one who knew I was carrying all day and no one has ever messed with it.
Applies to innies only.