Originally Posted by Calhoun
Originally Posted by MallardAddict
The appeal decision of this case specifically talks about vehicles and licensing as a comparison brought about by the defendant. His argument was bullshit as stated in the appeal and yours is also.

As the judges properly stated, the act of driving without a license is a small percentage of drivers and there is no way for the officers to know who does and doesn't have a license thus they cannot blindly stop drivers for suspicion of DWLS.

In this care the officers were responding to a report of armed individuals, they physically saw the gun protruding from his pants and ccw in that state is ILLEGAL by statute. The ccw becomes an affirmative defense to violation of the law as stated by the appeal judges. The officers were not guessing if the defendant was armed as they physically saw the gun when the guy bent over and his shirt rode up.

Also he was hardly "forcibly" disarmed, as the appeal verdict also clearly stated that officer simply removed the gun from his pants as the defendant opened the door to walk through and his shirt again rode up exposing the gun.

So yes under Terry the officer suspecting a crime (again ccw is illegal in that states) is allowed to pat down, disarm and detain an individual for as little time as necessary while assertaining if a crime has been committed.


Good reply, I appreciate it. So in this jurisdiction this is how the state allows LEO's to handle CCW. Okay, I don't understand anyone allowing that but I get it.

Now add national reciprocity into the mix. Now add bad actor states (NY/NJ/etc) allowing cops to engage and disarm any CCW's who have a gun print without first checking to see if they have a permit. Heck, Chicago PD is on record as saying they have no problem with cops shooting CC holders in their jurisdiction.

I can start throwing out examples of legal CCW's who have been shot down by cops during bad stops if you want a different example. Surrounded by multiple cops, some yelling "GET DOWN" and others yelling "DROP THE GUN" and then the guy gets killed when he tries to unholster and drop the gun. Guy dead because the cops couldn't simply ask first if he had a permit.

https://pjmedia.com/blog/gunned-down-in-vegas-what-really-happened-to-erik-scott/


That's why national reciprocity needs to be handle by a SCOTUS ruling and not Congress, and why Constitutional Carry is the best alternative.

However, even with ConCarry, in the situation of a perceived crime in progress and Terry Stop, officer safety WILL still permit the disarming of persons of interest until legality of possession and actions are ascertained.

Originally Posted by Mannlicher
America needs to understand that our troops are not 'disposable'. Each represents a family; Fathers, Mothers, Sons, Daughters, Cousins, Uncles, Aunts... Our Citizens are our most valuable treasure; we waste far too many.