Great News for Open Carry

The ruling just took place on Tuesday this week…

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.”

Judge Black’s opinion is consistent with numerous high state and federal appellate courts, e.g., the United States Supreme Court in Florida v. J.L. (2000) (detaining man on mere report that he has a gun violates the Fourth Amendment) and the Washington Appeals Court in State v. Casad (2004) (detaining man observed by police as openly carrying rifles on a public street violates the Fourth Amendment).

While I am not a practitioner of open carry, I support it and… well, this is freedom, and law on the side of freedom is good.

To chat with others about this ruling and many other issues from your own state, please be sure to visit OpenCarry.org!

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