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by jmorris
Mon Oct 18, 2021 10:58 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Need a little clarification on new law
Replies: 13
Views: 4592

Re: Need a little clarification on new law

Soccerdad1995 wrote: Mon Oct 18, 2021 9:58 am Regarding #2, I always thought that a LEO needed probable cause that a crime was being committed in order to stop anyone (general statement not limited to just carrying a gun). And I further thought that just having a handgun was not probable cause (by itself), any more than seeing someone driving a car would be probable cause that they are an unlicensed driver.

Of course now, seeing someone with a gun would be even less probable cause of a crime since people can legally carry without a license.
If I remember correctly when the open carry bill was introduced there was another bill introduced that made it explicit that an LEO could NOT stop and ask for LTC just because you were open carrying. That bill was withdrawn because of existing 4th amendment protection.

The new law contained a similar provision but was stripped out before passage. The only thing that remains is "acting in the lawful discharge of the officer's official duties may disarm a person at any time the officer reasonably believes it is necessary for the protection of the person, officer or another individual." So, can an officer, for the protection of the person, officer or another individual, stop you for an ID check? Wait for the court case.

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