Texas Law Shield Independent Program Attorney Michele Byington talks about the pros and cons of Judge Neal Gorsuch’s nomination to the U.S. Supreme Court. Will he likely be a friend of the Second Amendment, or not? Click to watch the more-in-depth interview to find out.
You need to read the full text of this case at
https://casetext.com/case/united-states-v-rodriguez-83
before drawing a conclusion. Officers were called to business because people saw men in store showing each other guns. This occurred in NM. Police saw a gun on the subject and also tattoos on subject that implied criminal conduct history and took possession of gun from subject. Subject did not have a license to carry, was a felon, and gun was stolen. LEO instincts proved correct and potentially he was protecting his own life. The police in this case had a reasonable reason to remove the gun from this guy to protect themselves.
since a lot of the states that the 10th circuit Appeals Court cover are shall issue states, it really depends on the states definition of brandishing. a lot of states are now wording the section of their brandishing statute to read that accidental showing or printing of firearm due to movement or weather conditions does not constitute brandishing, so it really depends on the state and whether or not the business owner knew he was a felon and if employees were allowed to carry while at work and not just keep it behind the counter in case of robbery
That 4a case definitely disqualifies him in my opinion. Any license required to carry in a business is unconstitutional in my opinion, so would not be relevant. Allowing a search because a cop saw a weapon opens the door for searches where a cop claims to have seen a print of a weapon as well. This of course opens the door for anyone to be searched at any time by half the cops in America, if not more. I hope Trump’s plan is to nominate someone even better qualified after this guy gets obstructed by the libtards, and thereby giving credibility to using the “nuclear” option for approval.
As I understand the facts of the 4th A. case, the clerk was in the Stop n Rob. If it were a clerk in the store, the clerk is, in many jurisdictions, within his legal right to be armed even without any sort of permitting process. So the unanswered question is what are the rules regarding being armed in private property open to the public when one is either the owner or the employee of the property? If one assumes the unknown fact that local law requires the possession of some sort of permission slip from local authorities to carry a firearm in one’s property, then the search would be legal. In the absence of such requirement, the search would be illegal in my opinion. So, my opinion of Gorsuch’s ruling would depend upon the unknown facts of the case. Perhaps that was mentioned and I missed it. While it is unfortunate that the appellant was a felon and that clouds the case, it should be de minimis in this case unless the officer actually knew the the appellant was a felon. It would appear otherwise.
4th Vs 2nd amendment is confusing. Declaring Being a CCW holder is awesome, but will never circumvent officer safety .I Also delt with a lot of gunowners who became irrational and were armed due to medical conditions or family-domestic issued that are not always apparent. So as a police officer control of any weaopon and person becomes important all of the time when you are there in order to stay alive and not get shot. I realize it feels twisted but it has become a scary world. Thanks
Who cares about some old judge. Michelle is HOT and anytime we get to see her, it’s a good day. Too bad I don’t live in Texas.
i am between an 8 and a 9. reason is. the 4th amendment ruling he did, was based on a couple factors. the officer saw the weapon first. then went to check to make sure he was carrying legally. not sure what state this was in. it is NOT like the officer just stopped him for no reason, then searched him. i do believe it is reasonable cause to check on this person. which he found out he was a felon, illegally carrying a firearm,
i know when an officer finds out i am carrying, i show them my CCW and they do a quick check, hand me my firearm back and i go on my way. this is for safety for all.