Fourth Circuit Decision: Legally Own/Carry a Gun, Give up Rights. Seriously. (Read 2646 times)

punaperson

I'm really getting tired of having to preface all these court decisions and government edicts with "You can't make this shit up!".

Federal Fourth Circuit Court of Appeals decides en banc that even if you are a legal firearm owner in your home, or a legal carrier of a firearm outside your home, by virtue of that legal ownership and/or carrying you forfeit at least some of your Fourth Amendment rights and First Amendment rights, because you are, ipso facto, "dangerous". No, I mean it, you can't make this shit up! The only good thing for us here in Hawaii is that we are immune to giving up our rights when carrying because we can't carry! How's that for making lemons into lemonade?!  :crazy: We deserve "no knock" raids in our homes simply because we are lawful firearms owners! I'm totally flabbergasted... but not quite speechless... :wtf:

Check out the "reasoning" (my emphasis):

"I see no basis — nor does the majority opinion provide any — for limiting our conclusion that individuals who choose to carry firearms are categorically dangerous to the Terry frisk inquiry. Accordingly, the majority decision today necessarily leads to the conclusion that individuals who elect to carry firearms forego other constitutional rights, like the Fourth Amendment right to have law enforcement officers “knock-and-announce” before forcibly entering homes. . . . Likewise, it is difficult to escape the conclusion that individuals who choose to carry firearms necessarily face greater restriction on their concurrent exercise of other constitutional rights, like those protected by the First Amendment."

The decision: http://www.ca4.uscourts.gov/Opinions.../144902A.P.pdf

Article from NRO: http://www.nationalreview.com/article/444180/gun-control-fourth-circuit-court-appeals-concealed-carry-permit-firearms-civil-rights

Excerpt:

The Fourth Circuit Court of Appeals just suffered from an outbreak of bad judging. In an en banc opinion, the court ruled that after a lawful traffic stop, the police may frisk any person who they believe may possess a firearm, regardless of whether that person possesses a concealed-carry permit. The court actually typed this sentence: “The danger justifying a protective frisk arises from the combination of a forced police encounter and the presence of a weapon, not from any illegality of the weapon’s possession” (emphasis added.) The implications were clear: Even lawful gun owners are by definition “dangerous” and can be broadly treated as such by the state.
« Last Edit: January 25, 2017, 09:43:41 AM by punaperson »

changemyoil66

I would give up some of my 1st and 4th right to be able to carry outside my home.

London808

I would give up some of my 1st and 4th right to be able to carry outside my home.



ALL RIGHTS ARE EQUAL AND A WILLINGNESS TO SURRENDER ONE IN EXCHANGE FOR ANOTHER IS A SURRENDER OF ALL RIGHTS.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

Heavies

This is ridiculous. Is this a court in the United States?   :grrr:

punaperson

This is ridiculous. Is this a court in the United States?   :grrr:
Why yes, yes it is. The United States Court of Appeals for the Fourth Circuit is in the Untied States. And the opinion was written by a judge appointed by none other than that stalwart of Second Amendment guaranteed rights president George H. W. Bush! Thank god the Republicans win the White House sometimes! (See also: Souter, Kennedy, Roberts.)  :crazy: The en banc decision vote was 12-4, so it wasn't even close.

eyeeatingfish

Thats scary and it wasn't even the 9th circuit....