Discussion about specific topics of Delaware law. Suggest new topics of discussion in General Discussion forum.
 #81721  by scampbell3
 
David wrote:
New Fourth Circuit ruling addresses open carry:

This is a fascinating case on reasonable suspicion calculus and what an appellate court is expected to do in judicial review, rather than rubber stamping the trial court’s conclusion reasonable suspicion existed. Two guys standing around, one with a prior, doesn’t support a stop of both, let alone the other. Seeing a gun is not reasonable suspicion in an open carry state. United States v. Black, 2013 U.S. App. LEXIS 4251 (4th Cir. February 25, 2013):

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The Government contends that because other laws prevent convicted felons from possessing guns, the officers could not know whether Troupe was lawfully in possession of the gun until they performed a records check. Additionally, the Government
avers it would be "foolhardy" for the officers to "go about their business while allowing a stranger in their midst to possess a firearm." We are not persuaded.

Being a felon in possession of a firearm is not the default status. More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. ...
United States v. Black,
http://www.ca4.uscourts.gov/Opinions/Pu ... 5084.P.pdf
 #81734  by SugarBoy13
 
scampbell3 wrote:David wrote:
New Fourth Circuit ruling addresses open carry:

This is a fascinating case on reasonable suspicion calculus and what an appellate court is expected to do in judicial review, rather than rubber stamping the trial court’s conclusion reasonable suspicion existed. Two guys standing around, one with a prior, doesn’t support a stop of both, let alone the other. Seeing a gun is not reasonable suspicion in an open carry state. United States v. Black, 2013 U.S. App. LEXIS 4251 (4th Cir. February 25, 2013):

--------

The Government contends that because other laws prevent convicted felons from possessing guns, the officers could not know whether Troupe was lawfully in possession of the gun until they performed a records check. Additionally, the Government
avers it would be "foolhardy" for the officers to "go about their business while allowing a stranger in their midst to possess a firearm." We are not persuaded.

Being a felon in possession of a firearm is not the default status. More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. ...
United States v. Black, http://www.ca4.uscourts.gov/Opinions/Pu ... 5084.P.pdf
Link is broken...
 #112745  by newarticl
 
There was once a blind man who had so fine a sense of touch that, when any animal was put into his hands, he could tell what it was merely by the feel of it. One day the cub of a wolf was put into his hands, and he was asked what it was. He felt it for some time, and then said, "Indeed, I am not sure whether it is a wolf's cub or a fox's: but this I know -- it would never do to trust it in a sheepfold."
Evil tendencies are early shown.

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