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March 31st, 2020, 05:58 PM #1
Carrying, the State of Emergency, and the Supreme Court
Obviously, we all know that this happened:
"We find no justification for the notion that a police officer may infer criminal activity merely from an individual’s possession of a concealed firearm in public,” the state high court said. “Absent some other circumstances giving rise to a suspicion of criminality, a seizure upon that basis alone is unreasonable.”
Some people are barred from gun ownership, and a license is required for a concealed firearm, the court said. But “there is no way to ascertain an individual’s licensing status, or status as a prohibited person, merely by his outward appearance.”"
TL;DR: cops can't stop you just for seeing that you are carrying a weapon.
But, we've been stuck in an SoE for what feels like forever, prohibiting firearm carry for all unlicensed or exempted individuals.
Does the SoE in any way provide law enforcement with an end-run around the Supreme Court's ruling, enabling them to stop and detain (or more) individuals who are visibly carrying firearms?Last edited by ViperGTS19801; April 4th, 2020 at 06:48 AM.
Junior
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March 31st, 2020, 10:32 PM #2
Re: Carrying, the State of Emergency, and the Supreme Court
"Cives Arma Ferant"
"I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001
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March 31st, 2020, 11:26 PM #3Grand Member
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Re: Carrying, the State of Emergency, and the Supreme Court
Arrest anyone you see possessing a firearm, and let the judge sort it out... in 12-18 months of course.
That's how it'll play.Member: NJ "undocumented" Felons Club. NRA Life Member
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March 31st, 2020, 11:44 PM #4
Re: Carrying, the State of Emergency, and the Supreme Court
Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
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April 1st, 2020, 07:40 AM #5
Re: Carrying, the State of Emergency, and the Supreme Court
"Cives Arma Ferant"
"I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001
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April 1st, 2020, 05:52 PM #6
Re: Carrying, the State of Emergency, and the Supreme Court
Corruption is the default behavior of government officials. JPC
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April 1st, 2020, 07:26 PM #7
Re: Carrying, the State of Emergency, and the Supreme Court
"Cives Arma Ferant"
"I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001
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April 2nd, 2020, 05:18 AM #8
Re: Carrying, the State of Emergency, and the Supreme Court
Not sure where you got this, since you didn't post a link.
If the state Supreme Court actually stated this, then the Court rewrote § 6107. Prohibited conduct during emergency. (a) (2),
which states;
Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).
in which police officers are in the clear.
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April 3rd, 2020, 08:30 AM #9
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April 3rd, 2020, 09:21 AM #10
Re: Carrying, the State of Emergency, and the Supreme Court
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