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Fourth Amendment Forbids Handcuffing Driver Just Because He Has Gun + Gun Permit
Posted: Wed Aug 11, 2021 7:28 am
by Grayling813
Judge gets it right.
Fourth Amendment Forbids Handcuffing Driver Just Because He Has Gun + Gun Permit
https://reason.com/volokh/2021/08/09/[abbreviated profanity deleted] ... un-permit/
"Any contrary holding 'would eviscerate Fourth Amendment protections for lawfully armed individuals' by presuming a license expressly permitting possession of a firearm was invalid."
Re: Fourth Amendment Forbids Handcuffing Driver Just Because He Has Gun + Gun Permit
Posted: Wed Aug 11, 2021 7:59 am
by Paladin
Re: Fourth Amendment Forbids Handcuffing Driver Just Because He Has Gun + Gun Permit
Posted: Wed Aug 11, 2021 10:38 am
by clarionite
There are quite a few good decisions on that site. It gives me some hope that maybe the judicial system isn't completely hosed. Even in NY and OH.
Re: Fourth Amendment Forbids Handcuffing Driver Just Because He Has Gun + Gun Permit
Posted: Wed Aug 11, 2021 10:44 am
by K.Mooneyham
Excellent, and doubly so that it happened in a "deep blue" Northeastern state. I want bad guys off the streets, for certain, but people shouldn't be harassed if they are doing everything they are required to by law.
Re: Fourth Amendment Forbids Handcuffing Driver Just Because He Has Gun + Gun Permit
Posted: Tue Aug 17, 2021 1:08 pm
by puma guy
Re: Fourth Amendment Forbids Handcuffing Driver Just Because He Has Gun + Gun Permit
Posted: Tue Aug 17, 2021 1:29 pm
by puma guy
By extension or logic (I am not a lawyer) wouldn't this prohibition and violation of the Fourth Amendment apply to any one in with a long gun in their car or person where it's permitted/not prohibited by law? No permit required, but the Texas statutes do not prevent it thus is perfectly legal. Treating any one with a long gun as a criminal seems to go against the reasoning of the ruling.
