Home Forums Hunting & Shooting Hunter's Campfire Gorsuch and concealed weapons and the 4th Amendment

It has to do with encountering potentially dangerous situations and how one chooses to handle that situation. Just because a job has dangers doesn't mean another's rights should be infringed.

The rest of that story is that about 10 years after that encounter with the guy with the illegal gun in his desk, he was at his second home in Jamaica, lounging around his pool, when two guys walked up to him and shot him dead and walked away. The killers were never caught and it was assumed to be a mob hit.

And what was the LEO's reasonable suspicion of a crime in this case? Is it the just fact that he had a gun? Is that all that's needed?

The LEO still should be able to verbalize the crime that he thinks is being committed or is about to be committed. If the clerk had been carrying, and, brandishing, or threatening, or acting aggressively then I could understand the LEO actions.

Why does everyone assume I didn't read the decision. I read it, I just don't agree with it.

In NY and CT "assault weapons" are illegal to buy or sell and to possess unless they were previously purchased and registered, and, magazine capacity are restricted to 10 rounds max. The SAFE Act was upheld in a lower court ruling and the US Supreme Court refused to hear the case. So, if you are implying court decisions are gospel, correct, and one can't disagree with them, then you all should embrace the "fact" (in quotes because I don't believe that the following is a fact or correct) that the 2nd Amendment doesn't protect "assault weapons" and large cap magazines.

I think the courts got both decision's wrong. Get it.

TRH . . . I'm assuming the cop was white and your uncle is/was a white man?

Dude, it was an original Ruger Charger ... but without the bipod (as usual).

he really is the Second Ammendments friend.

Why does everyone assume I didn't read the decision. I read it, I just don't agree with it.

In NY and CT "assault weapons" are illegal to buy or sell and to possess unless they were previously purchased and registered, and, magazine capacity are restricted to 10 rounds max. The SAFE Act was upheld in a lower court ruling and the US Supreme Court refused to hear the case. So, if you are implying court decisions are gospel, correct, and one can't disagree with them, then you all should embrace the "fact" (in quotes because I don't believe that the following is a fact or correct) that the 2nd Amendment doesn't protect "assault weapons" and large cap magazines.

I think the courts got both decision's wrong. Get it.

"For the last time CARRYING A CONCEALED WEAPON IS ILLEGAL IN NEW MEXICO!"

Except if one has a CC permit (I really don't care how it is worded, if he had a CC permit there would be no crime and the LEO did not know that he did not have a CC when he seized the firearm).

As for brandishing, it is usually more than just showing an interested person your firearm. If that was the case I've committed brandishing thousands of times. While laws may very from State to State and I could not find NM's definition of brandishing, I did find this:

"{Very generally, however, for an operating definition “brandishing” means to display, show, wave, or exhibit the firearm in a manner which another person might find threatening. You can see how widely and differently this can be subjectively interpreted by different “reasonable” individuals and entities}".

Usually brandishing implies or requires it to be displayed in some level of a threatening manner.

Uh, Dude, I have a 10/22 rifle and know the difference between a Charger and a cut-down rifle. Dude! Most people don't wrap duct tape around the pistol grip area of a Charger. Besides, the Charger was introduced in 2008 and the incident happened in the mid-90s. Dude.

Uh, Dude, I have a 10/22 rifle and know the difference between a Charger and a cut-down rifle. Dude! Most people don't wrap duct tape around the pistol grip area of a Charger. Besides, the Charger was introduced in 2008 and the incident happened in the mid-90s. Dude.

I believed you. I just wanted to show the Charger since it was mentioned. Why'd you call the cops on the guy for having a gun that violated an unconstitutional law, though?

"For the last time CARRYING A CONCEALED WEAPON IS ILLEGAL IN NEW MEXICO!"

Except if one has a CC permit (I really don't care how it is worded, if he had a CC permit there would be no crime and the LEO did not know that he did not have a CC when he seized the firearm).

As for brandishing, it is usually more than just showing an interested person your firearm. If that was the case I've committed brandishing thousands of times. While laws may very from State to State and I could not find NM's definition of brandishing, I did find this:

"{Very generally, however, for an operating definition “brandishing” means to display, show, wave, or exhibit the firearm in a manner which another person might find threatening. You can see how widely and differently this can be subjectively interpreted by different “reasonable” individuals and entities}".

Usually brandishing implies or requires it to be displayed in some level of a threatening manner.

Do you understand that under NM LAW having a concealed weapons permit is merely an affirmative defense to the crime, the same as carrying in one's owned property or vehicle, thus the mere observation of the concealed gun was REASONABLE SUSPICION OF A CRIME. upon asserts in ingredients that the defendant did not have a permit, nor was it his property, it became PROBABLE CAUSE for an arrest...is it sinking in yet?

so in your mind it's perfectly normal for two guys to be holding guns in a convince store?

I believed you. I just wanted to show the Charger since it was mentioned. Why'd you call the cops on the guy for having a gun that violated an unconstitutional law, though?

These days I have no fuggin' idea what is considered normal anymore. I had a classmate who was given permission to bring a 1851 .36 cal. revolver to high school to show our history class studying the civil war what type of firearms were used. No one raised an eye then, now, he and the teacher would be arrested. Where I live, in rural NY, a couple store clerks showing each other their CC pistols wouldn't raise my eyebrows at all, so long as they were not pointing it at me. I can't speak for other people though, but in my mind, yup, perfectly normal. Last year I saw 3 teen-aged boys walking down the streets through the next town over with uncased rifles. I thought, "They're going hunting."