Second Amendment vs. Fourth Amendment

[Knuckle Dragger]

The Second Amendment vs. the Fourth Amendment
Does exercising your right to carry a gun diminish your other constitutional protections?

Last week, an Illinois appeals court answered that question in the affirmative, ruling that mere possession of a handgun does not justify a search or seizure.

Unfortunately, not every court sees the issue that way. In January, the 4th U.S. Circuit Court of Appeals found that when officers conduct a lawful traffic stop, they may frisk the driver if they “reasonably believe” him to be armed—“regardless of whether the person may legally be entitled to carry the firearm.” ...While that might sound dramatic, Judge James Wynn admitted as much in a concurrence, declaring that gun owners “forego other constitutional rights,” including freedom from unannounced police intrusion and freedom of speech.

 

[CatSnoutSoup]

Nowhere in the 4th ammendment to the constitution does it say, "Does not apply when exercising the 2nd amendment of this same document."

So, I call on Judge James Wynn.

 

[swatgig]

Your first quote is taken out of context, and appears to indicate that the Illinois court held that exercising your right to carry a gun DOES diminish your other constitutional protections, where that is the opposite of their holding.

You removed the intermediate question:

What happens, then, if police officers search or seize a person solely because he is carrying a firearm? Is that “unreasonable” under the Fourth Amendment and therefore illegal?

 

[W.E.C]

Of course the judge is correct.

its right in the 28th amendment. VOID WHERE PROHIBITED.

think i just made this up ?

so did this activist judge in his ruling.


eta:from the above passage, this goes far beyond terry v. Ohio.

 

[Squire]

Rights aren't guaranteed by Nature, or a document, but because Individual assert and defend them. Which is why the Founders armed the People.

 

[VetteGirlMA]

We're living in pretty sad times for our rights and I don't know what the answer is. It just makes me wonder about the judges in these cases. You know basic questions like competency to even hold their job and critical thinking skills. It seems like the phrase 'probable cause' is going out the window and being replaced with 'respect my authoriti'. I wonder if these judges ever stop and think about the downstream effect of their decisions on the citizenry?

 

[Horrible]

More BS "interpretations" by judges trying push an agenda and claim that it is consistent with the Constitution.

That is the strategy of the left. Try and convince you that the Constitution doesn't say what it says cuz interpretation.

- - - Updated - - -

Rights aren't guaranteed by Nature, or a document, but because Individual assert and defend them. Which is why the Founders armed the People.

Correct. 2A isn't there for hunting

 

[GM-GUY]

I would love to see it applied to the 1st.

If you are a muslim, you give up protections under the 4th > yeah sure that would fly.

 

[amm5061]

A small victory considering how disastrous the 4th and 11th circuit rulings have been.

Didn't they used to tar and feather people who tried this kind of shit in this country?

 

[namedpipes]

The answer is as clear as daylight on the surface of the Sun.

Exercising your natural right to self defense in accordance with the Second Amendment does not diminish nor be diminished by any other rights, natural or otherwise, that you have.

It's just that the police, the courts and society in general don't seem to grasp that. So you'll be squashed.

 

[JJ4]

Rights aren't guaranteed by Nature, or a document, but because Individual assert and defend them. Which is why the Founders armed the People.

Well said. Did you just write that or is it a quote or paraphrase from somewhere?

 

[Chevy 2 65]

BULLSHIT !! same can be applied to the 1st, 3rd etc.. Use one, loose them all. What a joke

 

[bigblue]

Any reasonable person would forgo their constitutional protections for a warm fuzzy feeling of safety.

 

[wahsben]

Government is the one diminishing my constitutional protections and my rights.

 

[Rob Boudrie]

The MA courts have already ruled that the 2A and 5A are "pick one or the other, you can't have both".

 

[MAGA99]

A small victory considering how disastrous the 4th and 11th circuit rulings have been.

Didn't they used to tar and feather people who tried this kind of shit in this country?

That's old fashioned, plus, who has that many feathers hanging around anyways?? I think that hanging or firing squad would be in order. Every time.

 

[swatgig]

The MA courts have already ruled that the 2A and 5A are "pick one or the other, you can't have both".

In Massachusetts, a court would uphold a denial because the applicant failed to donate to the police retirement fund.

We don't get to "pick" 2A - we get to beg for it.

 

[namedpipes]

The MA courts have already ruled that the 2A and 5A are "pick one or the other, you can't have both".

Incorrectly, but yes, you're correct. They have so ruled.

Being addressed as "Your Honor" does NOT confer infallibility.

 

[Chevy 2 65]

The MA courts have already ruled that the 2A and 5A are "pick one or the other, you can't have both".

 

[endus]

4th amendment barely applies anymore. Basically anything can be used as an excuse to circumvent it at this point.

 

[SKumar]

Any reasonable person would forgo their constitutional protections for a warm fuzzy feeling of safety.

Obama on 2013 AWB: "If there's even one thing we can do, if there's just one life we can save....we've got an obligation to try."

 

[bigblue]

Incorrectly, but yes, you're correct. They have so ruled.

Being addressed as "Your Honor" does NOT confer infallibility.

Or intelligence, morality, wisdom, or prudence.

 

[drgrant]

4th amendment barely applies anymore. Basically anything can be used as an excuse to circumvent it at this point.

Particularly if one is driving a motor vehicle.... the courts have already granted them a whole bunch of exceptions (namely the DUI checkpoint bullshit, amongst other things).

-Mike

 

[Knuckle Dragger]

Particularly if one is driving a motor vehicle.... the courts have already granted them a whole bunch of exceptions (namely the DUI checkpoint bullshit, amongst other things).

-Mike

And which judges do you think are granting those exceptions? I don't think all the Ginsber/Kagen/Sotomayor haters appreciate what a court full of Scalias and Thomases would do to our non-2A rights.

 

[Radtekk]

Any reasonable person would forgo their constitutional protections for a warm fuzzy feeling of safety.

I'm not a reasonable person.

 

[namedpipes]

I'm reasonably sure most of us are not reasonable.

 

[omega42]

Judge James A. Wynn, Jr.
Born 1954 in Robersonville, NC
Federal Judicial Service:
Judge, U. S. Court of Appeals for the Fourth Circuit
Nominated by Barack Obama on November 4, 2009, to a seat vacated by James Dickson Phillips, Jr.; Confirmed by the Senate on August 5, 2010, and received commission on August 10, 2010.

One of Obama's leftist ideologues, law be damned. [sad2]

 

[MachineHead]

Looks like some AGs are real patriots. Baffling how a real AG can see citizens as people with rights.

State Attorney Generals: Being Armed Not the Same as Being Dangerous

http://news.valubit.com/state-attorney-generals-being-armed-not-the-same-as-being-dangerous/

 

[71montess]

Where is our AGs stand on this ?

 

[Waher]

Where is our AGs stand on this ?

Superior Court Judge Heidi Brieger, “There is no requirement that the Attorney General (has) probable cause to believe that a violation has occurred (to subpoena 'evidence'). She need only have a belief that a person has engaged in or is engaging in conduct declared to be unlawful.”

Due process? 4th amendment? Constitution is void where prohibited in MA. If the AG thinks you have committed crime because "she said so" it's perfectly fine for her to investigate the shit out of you and demand all your paperwork, property, testimony, etc. in the minds of the commonwealth's pretend judiciary.