Friday, May 3, 2013

Open Carry of a Firearm Isn't Probable Cause to Detain, Says 4th Circuit

Posted by  on in Criminal Defense Blog

In a good federal case for open carry of firearms, the 4th Circuit holds that the open carry of a firearm, alone, does not constitute probable cause to detain someone absent some other evidence that the person is engaged in criminal activity. 
Gun rights are civil rights, from right there in the Bill of Rights beside freedoms of Speech, Press, Expression, Religion, etc.   Anyone who considers themselves defenders of the Bill of Rights (like the ACLU claims) and individual freedoms should applaud this ruling.  But don't hold your breath for the normal civil rights crowd to cheer.  When guns are the issue, some people want to pretend the Second Amendment doesn't exist.
Note, however, that Georgia is NOT an open carry state, so this may not help Georgia residents directly.  Don't carry openly in Georgia without a weapons permit. 

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