"Too_Many_Tools"  wrote in message 
news:ee666b46-1c94-4427-9075-6de69cbbf8b4@d34g2000vbm.googlegroups.com...
On Sep 19, 9:27 am, "Cole Firearms Inc."
 wrote:
> http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner%7Ey2009m9d9-Fed...
>
> Federal judge rules police cannot detain people for openly carrying guns
>
> 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."
>
> The facts of the case are pretty simple. Matthew St. John entered an
> Alamogordo movie theater as a paying customer and sat down to enjoy the
> movie. He was openly carrying a holstered handgun, conduct which is
> legal in 42 states, and requires no license in New Mexico and
> twenty-five other states. Learn more here.
>
> In response to a call from theater manager Robert Zigmond, the police
> entered the movie theater, physically seized Mr. St. John from his seat,
> took him outside, disarmed him, searched him, obtained personally
> identifiable information from his wallet, and only allowed him to
> re-enter the theater after St. John agreed to secure his gun in his
> vehicle. Mr. St. John was never suspected of any crime nor issued a
> summons for violating any law.
>
> Importantly, no theater employee ever ordered Mr. St. John to leave.
> The police apparently simply decided to act as agents of the movie
> theater to enforce a private rule of conduct and not to enforce any rule
> of law.
>
> On these facts, Judge Black concluded as a matter of law that the police
> violated Matthew St. John's constitutional rights under the Fourth
> Amendment because they seized and disarmed him even though there was not
> "any reason to believe that a crime was 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).
>
> Mr. St. John's attorney, Miguel Garcia, of Alamogordo, NM was pleased
> with the ruling and look forward to the next phase of the litigation
> which is a jury trial to establish the amount of damages, and possibly
> punitive damages. Garcia said that
>
> "[i]t was great to see the Court carefully consider the issues presented
> by both sides and conclude that the U.S. Constitution prohibits the
> government from detaining and searching individuals solely for
> exercising their rights to possess a firearm as guaranteed by our state
> and federal constitutions."
>
> Notably, Judge Black denied the police officers' requested "qualified
> immunity," a judicially created doctrine allowing government officials
> acting in good faith to avoid liability for violating the law where the
> law was not "clearly established." In this case, Judge Black concluded 
> that
>
> "[r]elying 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. . . . The
> applicable law was equally clear in this case. Nothing in New Mexico law
> prohibited Mr. St. John from openly carrying a firearm in the Theater.
> Accordingly, Mr. St. John's motion for summary judgment is granted with
> regard to his Fourth Amendment and New Mexico constitutional claims.
> Defendants' motion for summary judgment is denied with regard to the
> same and with regard to qualified immunity."
>
> Judge Black's opinion and order is welcome news for the growing number
> of open carriers across the United States. Though police harassment of
> open carriers is rare, it's not yet as rare as it should be - over the
> last several years open carriers detained without cause by police have
> sued and obtained cash settlements in Pennsylvania, Louisiana, Virginia
> (see additional settlement here), and Georgia. More cases are still
> pending in Ohio, Wisconsin, Michigan, and Pennsylvania.
>
> Judge Black's opinion and order can be read here.
>
> NOTE: Mathew St. John's attorney, Miguel Garcia, is an associate at
> John R. Hakanson PC, 307 11th St., Alamogordo, NM 88310 and can be
> reached at Miguelo.Garcia AT gmail.com

How is an exposed firearm any different than a cell phone in a
theater?
======================

If you have to ask, you're too stupid to be trusted with a firearm, asswipe.



TMT