Open carry case federal 4th circuit court of appeals (NC)

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Rather than open carry case, this is a boost for the 4th Amendment, open carry is and has been legal in NC for a long time. Cops cannot detain a person without real probable cause, not some made up crap they always try to pin on folks.

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I open carry all the time down here, exercise your rights or they go away, similar to muscles.
 

Jason Flare

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The only part I frowned upon:

"More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. Permitting such a justification would eviscerate Fourth Amendment protections for lawfully armed individuals in those states.”
 

Jason Flare

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Without going into semantics! What is that you frown on? The court has supported the 4th Amendment which is the meat of this case.

The state does not, IMHO, "permit," a, "right." Rights don't come from the state. I would have preferred it were written, "More importantly, where a state recognizes the right to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. Permitting such a justification would eviscerate Fourth Amendment protections for lawfully armed individuals in those states.”

The bold part is what I would have preferred to see.
 

Jason Flare

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That was what I was saying, The court is just using the language that they use, this is still a win for us, but you must remember the court is supposed to address the challenge at hand. In this case it was search and seizure. Cleary a 4th Amendment issue.

True. And the court did a great job. It is a very big win for liberty.
 
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