Thursday, September 10, 2009

Sometimes, good things come out of New Mexico

Including this Federal District Court decision.

This is a very important decision for law abiding citizens who choose to openly carry firearms for self-defense. Even though I have a New Mexico Concealed Handgun permit, there are times that I choose to openly carry one of my handguns. I have never been hassled for doing so, in fact most people don't even notice, but I have heard plenty of horror stories of those who have been detained and forcibly disarmed while engaged in lawful conduct.

From the decision:

In sum, Defendants had no reason for seizing Mr. St. John other than the fact that he was lawfully carrying a weapon in a public place. Because New Mexico law allows individuals to openly carry weapons in public—and Mr. St. John had done nothing to arouse suspicion, create tumult or endanger anyone's well-being—there were no articulable facts to indicate either criminal activity or a threat to safety. Accordingly, Defendants' seizure of Mr. St. John violated his Fourth Amendment rights.

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