Federal judge rules police cannot detain people for openly carrying guns

<img src="http://image3.examiner.com/images/blog/EXID2782/images/OC_photo.jpg" align="right" height="180">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."

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photo: Open carriers (courtesy Oleg Volk)

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admin

Mon, 09/14/2009 - 10:53

Here is the ruling in PDF form. Note this, and other statements in the opinion:

Relying on well-defined Supreme Court precedent, the Tenth Circuit and its sister courts
have consistently held that officers may not seize or search an individual without a specific,
legitimate reason.

Judge Black's opinion and order can be read here.