Wonder if the 5th Circuit has anything in the pipeline similar to this case.v7a wrote:While we wait for the children to play nice, some legal news from the 6th Circuit:
The Fourth Amendment and open carry of guns (where such open carry is legal)While open-carry laws may put police officers (and some motorcyclists) in awkward situations from time to time, the Ohio legislature has decided its citizens may be entrusted with firearms on public streets. Ohio Rev. Code §§ 9.68, 2923.125. The Toledo Police Department has no authority to disregard this decision — not to mention the protections of the Fourth Amendment — by detaining every “gunman” who lawfully possesses a firearm. And it has long been clearly established that an officer needs evidence of criminality or dangerousness before he may detain and disarm a law-abiding citizen. We thus affirm the district court’s conclusion that, after reading the factual inferences in the record in Northrup’s favor, Officer Bright could not reasonably suspect that Northrup needed to be disarmed.
Also, with that being said, it still doesn't address 4th Amendment protections in states where a license is needed to OC.