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Second and Fourth Amendments. E. Volokh

Doug_Nightmare

Active member
Joined
Nov 21, 2018
Messages
551
Second and Fourth Amendments
"Since openly carrying a handgun is not only not unlawful [in Washington], but is an individual right protected by the federal and state constitutions [as the Washington Supreme Court had earlier held]," it cannot "be the basis, without more, for an investigative stop."
Eugene Volokh|January 31, 2019 8:36 pm

From yesterday's Washington Court of Appeals decision in State v. Tarango:
[ ... ]”

http://reason.com/volokh/2019/01/31/second-and-fourth-amendments
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,525
Location
Fairborn, Ohio, USA
See also US v. Black and (for us Ohioans) Northrup v. Toledo.

These rulings are rapidly becoming nationwide in scope: The mere act of lawful carry cannot provide RAS for an investigative stop.

To paraphrase Pink Floyd: Hey! Officer! Leave that carrier alone!
 

color of law

Accomplished Advocate
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Oct 7, 2007
Messages
5,358
Location
Cincinnati, Ohio, USA
This is all fine and dandy, but as long as qualified immunity remains those few 42 USC 1983 cases that fall through the cracks give the people false hope of getting justice in the courts. 99% of all 1983 cases are dismissed based on qualified immunity.
 

rapgood

Regular Member
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Jan 9, 2012
Messages
594
Location
Stanwood, WA
Just read the Tarango decision. It doesn't get any better than that, folks! Looking forward to reading the unpublished part.
This decision seriously weakens the Seattle-anti's arguments by clearly restating the strengths of 2Am and art. I, sec. 24.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,358
Location
Cincinnati, Ohio, USA
Just read the Tarango decision. It doesn't get any better than that, folks! Looking forward to reading the unpublished part.
This decision seriously weakens the Seattle-anti's arguments by clearly restating the strengths of 2Am and art. I, sec. 24.
The unpublished opinion is at the end of the published opinion.
 
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