NM - Examiner Bio Federal judge rules police cannot detain people for openly carrying gun

[Dial 1911 for Help]

On September 8, 2009, United States District Judge Bruce D. Black of the United States District Court for New Mexico entered summary judgment in a civil case for damages against Alamogordo, NM police officers. The Judge's straight shootin' message to police: Leave open carriers alone unless you have "reason to believe that a crime [is] afoot."

Link to article (http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m9d9-Federal-judge-rules-police-cannot-detain-people-for-openly-carrying-guns)

[Rich-D]

Excellent Ruling! Hopefully Officials in all of the States where there is no law against open carry, will take heed and instruct their Officers on lawful procedure.

Thanks for sharing!
Rich

[Dial 1911 for Help]

And best of all, the judge refused immunity from personal liability to the guys that did this.

I do think that police officers should have immunity if they're doing what they're supposed to be and there's a problem or they make an honest mistake anyone could have made, but to do this obviously doesn't fall into that category.

If enough individuals are on the hook personally when they violate someone's rights, then they have a bigger incentive not to do so. Personal immunity is especially repugnant in a case where they violators knew better and violated the civil rights of a public citizen. The people who pay the judgment are from the same side of the aisle as the one who suffered the violation!

[d90king]

Excellent ruling! I also liked how he denied them immunity! In Pa we have a very active OC movement and we are excited about the language in the ruling. Thanks for posting!

[Aguila Blanca]

I am also encouraged. "Qualified immunity" should be limited to making an honest mistake, not for cases in which the officer(s) either make up their own rules, or blatantly ignore the law.