Good ruling from CA US District Court
Opinion here. Some open carriers, complying with CA law at the time, were handing out leaflets. Two officers approached them, apparently made critical statements about their activities, handcuffed and frisked them, then ran a records request and a check on the firearms.
They sued under §1983, and the court here denies a motion to dismiss their First, Second, and Fourth Amendment claims, and motion to dismiss on grounds of qualified immunity. The only thing the City won was that they can't recover punitive damages against it (though they can against the officers, which in practice the City winds up paying), and one paragraph of the complaint (which referred to one of the officer's having been sued by a girlfriend) stricken.
"Plaintiffs allege that after Defendants checked to make sure that Plaintiffs’
firearms were unloaded, Defendants went beyond the scope of a permissible search by running
background checks on them and serial number checks on their firearms, as well as handcuffing
Plaintiffs, ordering them to get on their knees, and forcibly removing Plaintiffs’ wallets without their
consent. Therefore, Plaintiffs have properly alleged a Second Amendment violation."
hat tip to reader Alice B. ...
Something has gone disasterously right... Are you sure this is Cali?
Posted by: TinCan Assassin at November 18, 2011 10:45 PM
I hope those a++holes get their a$$es sued off.
Posted by: Anonymous at November 19, 2011 02:47 AM
I still struggle to see how any stop of a person open carrying in CA is legal (before the law changed). Its true that there is/was a statute that allowed a law officer to verify an openly carried handgun is unloaded, but under the 4th Amendment, I don't see how such a law could be sustained.
If I am driving down the road, an officer can not stop me just to see if I have a drivers license. Once they have a reason to stop me they can check.
Posted by: Jim at November 19, 2011 04:00 AM
Hacopian makes youtube videos ( hacopian5900 ). Long arm open carry has been his specialty. Watch his you tube vids they are excellent examples of illegal actions by california cops. Good job hacopian.
Posted by: kwikrnu at November 19, 2011 02:31 PM