Judge dismisses traffic stop gun rights lawsuit against Jefferson Hills cop

[41 Redhawk]

http://triblive.com/news/adminpage/9...it-loaded-says

A Jefferson Hills police officer didn't violate a Washington County woman's civil rights by temporarily confiscating her loaded gun during a traffic stop, a federal judge ruled Friday.

Heather Dawn Flanegan of New Eagle says in the lawsuit that Officer John M. O'Learly violated her constitutional rights in December 2013 when he pulled her over for speeding on state Route 837.

O'Leary took possession of a loaded gun she had holstered on her car door while he checked her registration and issued her a speeding ticket, the lawsuit says. He returned it at the end of the traffic stop, the lawsuit says.

While the case law on the Second Amendment is in flux, U.S. District Judge Cathy Bissoon said in her order dismissing the case that she is confident that future rulings will not “bestow upon the citizenry a constitutional right to remain ‘armed and loaded' while police officers perform essential investigatory functions in their presence.”

[knight0334]

That case had no chance of winning anyways. Most, if not all, of the temporary detention rulings have allowed for the officer to disarm the person during the stop if the officer felt that his/her safety warranted it.

[libra8]

Why did he feel his safety was in jeopardy? The woman wasn't acting strangely and legally owned the gun. IMO this is BS. This is an illegal seizure.

[john9001]

How fast was she going?

[Bang]

As I have often reminded, the Constitution is not a suicide pact.

Flip this thing to read, officer stops traffic law violator and learns the driver has a loaded handgun in the driver side door panel. Officer follows the constitution allowing the driver to bear arms, and goes about his business (to police cruiser, writes summons, carries completed summon back to the stopped driver). Stopped driver is incensed at the unfairness of the ticket, shoots and kills cop.

Not good. Wait. Change that to officer hands the summons to the driver, hands the driver the gun, begins returning to his cruiser, motorist shoots officer in the back.

Wait. What good does it do to take temporary custody of the firearm in the first place?

[JAKIII]

Why did he feel his safety was in jeopardy? The woman wasn't acting strangely and legally owned the gun. IMO this is BS. This is an illegal seizure.

LEOs are getting shot far too often these days. Can you really blame them for doing this, regardless if it's a woman?

[zackattack784]

LEOs are getting shot far too often these days. Can you really blame them for doing this, regardless if it's a woman?

This is false.
http://www.usnews.com/news/us/articl...-across-the-us

[GunLawyer001]

This is false.
http://www.usnews.com/news/us/articl...-across-the-us

So, your argument is that "cops are getting shot at about the right rate"?

That's a tough one to defend, but I admire your spunk.

[JAKIII]

This is false.
http://www.usnews.com/news/us/articl...-across-the-us

Yeah you're right... law enforcement is a safe job, perhaps one of the safest... what was I thinking.

[Deleted]

Yeah you're right... law enforcement is a safe job, perhaps one of the safest... what was I thinking.

That is false... policing is always at the tops of the most dangerous list. May not be at the top of most deadly..But most dangerous yes... I believe we were beat by bartenders at last tally.