Court upholds police pointing gun at lawful carrier

[Have Blue]

This isn't too scary . . . Welcome to the new concealed carry . .

http://www.examiner.com/x-5619-Atlanta-Gun-Rights-Examiner~y2009m12d31-Court-upholds-police-pointing-gun-at-lawful-carriers

 

[skyydiver]

Can't quite figure out what Georgia has to do with it, but this is pretty bad news, and might should go to SCOTUS, but they won't hear it.

 

[Zaphod Beeblebrox]

Looks like the writer works for an Atlanta newspaper. Really can't say I'm surprised; it IS Massachussetts afterall. It's more of a surprise they even allow CCW.

 

[338LapuaMagnum]

This is not good news.

 

[MoBoost]

Obviously he wasn't concealing very good ... the whole article is written very bias and it's hard to get any facts. I guess he sued for harassment - good luck buddy.

 

[thayton]

A few points as I see them
1 he wasn't concealing very well
2 the LE officer probobly overreacted initialy
3 the citizen was a lawer, did he smart off to officer who then removed offending hardware and licence.
4 the last person that pointed a weapon at me was dead very shortly after, but that a long time ago in a place far far away.
I don't type fast enough for an internet argument.

 

[thayton]

Two more points
1 There are bad apples in any profession
2 The media always gets it wrong

 

[mons meg]

also: This really only affects Massachusetts and other state in that circuit that have similar overbearing laws regarding "officer safety". No offense to our boys in blue, it's just officer safety always gets thrown out there to defend practices that otherwise offend the 4A.

That being said, I'm willing to bet Mr. Attorney deserved his "lecture".

 

[Michael Brown]

also: This really only affects Massachusetts and other state in that circuit that have similar overbearing laws regarding "officer safety". No offense to our boys in blue, it's just officer safety always gets thrown out there to defend practices that otherwise offend the 4A.

That being said, I'm willing to bet Mr. Attorney deserved his "lecture".

This is not necessarily correct.

Circuit court rulings are frequently held as valid in other circuits if that circuit does not have a contrary ruling.

I am pretty confident every circuit will agree with the use of force. Courts are very leery about denying police officers the ability to protect themselves at work.

Where the rub lies is in the officer's actions after the subject was secured and prima facia evidence was uncovered that he was not breaking the law by carrying.

Michael Brown

 

[Roadking Larry]

Lessons learned:
Concealed means CONCEALED dammit.
Don't live in communist states like Massof2chits.