Of Arms and the Law

Navigation
About Me
Contact Me
Archives
XML Feed
Home


Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools


2nd Amendment Discussions

1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ammo.com, deals on ammunition
Scopesfield: rifle scope guide
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
Concealed Carry Today
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Email Subscription
Enter your email address:

Delivered by FeedBurner

 

Credits
Powered by Movable Type 6.8.8
Site Design by Sekimori

« Ashli Babbit | Main | NYSRPA v. Whoever »

Fourth Amendment forbids temporary arrest of gun owner with permit

Posted by David Hardy · 10 August 2021 04:00 PM

From the federal District Court, District of Connecticut. Driver stopped, hands over his driver's license and permit to carry, informs officer that he had a gun and a permit. He winds up handcuffed, the officer gets carried away, and he sues. Motion to dismiss denied.

"In light of the uncontested fact that Plaintiff presented his pistol permit to Defendant before or at the time he disclosed that he was in possession of a pistol and the absence of any other indicia that Plaintiff was otherwise violating the statute, no reasonable officer could believe probable cause was present. Any contrary holding "would eviscerate Fourth Amendment protections for lawfully armed individuals" by presuming a license expressly permitting possession of a firearm was invalid. United States v. Black, 707 F.3d 531 (4th Cir. 2013) (holding that an individual openly carrying a firearm, even when in a high-crime area...."

5 Comments | Leave a comment

Pete | August 10, 2021 4:18 PM | Reply

Following the officer's logic, he could detain any driver to verify their DL was, in fact, valid and proceed to do a search of the vehicle.

Flight-ER-Doc | August 10, 2021 5:40 PM | Reply

And what happens to the officers who deprived the gun owner of his rights?

Fyathyrio | August 10, 2021 8:54 PM | Reply

Here we go again, say it with me folks . . . Never, ever, talk to the police.

A quick check shows that Conn is not a duty to inform state.

Bruce Gordon | August 11, 2021 12:19 PM | Reply

The Officer in Question needs a year long remedial course in Constitutional Law and another year as a Probational Officer under the supervision of a senior command Officer.. or he could look for another line of work…

Bobby | August 11, 2021 11:02 PM | Reply

@Bruce Gordon

No, the officer in question needs to be in f'n jail

Leave a comment