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Does Concealed Gun Give Cops Right to Search You?

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Gunscribe:
Way back in time there were no laws in any state that forbid open or concealed carry. Concealed carry laws came about in many states as the prevailing thought was that only brigands and trouble makers carried "hidden guns".

With "hidden guns" these miscreants could spring upon an unknowing citizen. People of that time believed that a solid citizen carried a firearm openly, only those with illicet intent "hid" thier guns.

The "Arms" in keep and bear arms is generally been understood to mean arms that can be carried on the person. Although there are "nukes" that will fit in a briefcase I would not readily concede that it is a defensive "arm".

DanClrk51:
Well as for the New Mexico case I could not agree more with this statement which sums it all up to me:

"Obviously, if the officers had asked Rodriguez if he had a license before the stop, and he had said no, the officers would have had both reasonable suspicion and even probable cause to make the arrest. But I think they have to ask first and get evidence of the crime before the stop, not stop first and then get evidence to justify it. And the fact that this occurred in a high-crime neighborhood doesn’t make a difference: The suspect was an employee of a convenience store who was working in the store at the time, so it’s not like the nature of the neighborhood suggests he was more likely to be involved in crime himself."

We have a right to carry arms and I do believe the 2nd Amendment includes both ways (open or concealed). We shouldn't be stopped, frisked, searched, and disarmed just because we did what......engage in 100% legal behavior guaranteed by the bill of rights? Just because the potential exists that a gun carried by someone could possibly endanger officer safety shouldn't give them probable cause. If that is the case then you could make the same argument with anything else (cars, pens, etc.) and they would be stopping every car.

Hardwood83:

--- Quote from: unfy on December 29, 2011, 07:10:53 PM ---Well, in a friendly stance towards LEO - if I was a LEO, I wouldn't mind knowing about weapons in the vicinity.  It's a dangerous profession after all. 

Also - the 'inform' helps diffuse a dangerous situation before it occurs.  I'd personally do it even if the law didn't require it... respect for the LEO as well as not eating pavement with my face if the weapon is discovered later as a surprise.

Searches - beyond the 'inform' bit is muddy if there's no cause (other than having the weapon on your person).


Is concealed carry a RIGHT ?

That's a fun question.

IMHO - the 2nd Amendment is quite clear about the right to bear arms.  There's no limitations there-in about fully automatic weapons and such... so.... according to the 2nd Amendment as it is, I don't see why I can't own a fully automatic howlitzer.  A tactical nuke might be a stretch... but...  in general - I see any limitations on what I'm allowed to own as infringing the 2nd Amendment (magazine size, bore diameter, fully automatic, type of ammo, etc).

BUT concealed carry might be quite a different thing.  Owning and bearing arms is clear.  Concealed carry might not necessary be 'bearing'. 

Open carry of a loaded firearm ? Sure... I can see that.  How do you open carry a pistol on a winter day ? Unless it's a 10" revolver in a sling across your back....  ;)

I'm not wholly convinced that concealed carry is protected by the 2nd Amendment.
--- End quote ---

(Rabbit trail alert)
unfy, I believe if you continue to think through this, you'll become wholly convinced. For instance would the same limitations apply to the 'keep' aspect? In other words, could you only keep your arms in very specific locations (your home, but not your car or place of business)? No, I think it's quite clear that the intent is that owning and carrying guns (however you choose) is not to be limited by government.

I will grant that the Founder's were not likely thinking of concealed carry for personal defense, but all legitimate uses (especially resisting tyrants) are covered.  As has been previously mentioned- rights are reserved to the people, duties and limitations on the government.

unfy:
... ponders ...

>:D

FarmerRick:
I don't see anything in the 2nd Amendment that says anything about conditions required for a God-given right.

An article of clothing preventing someone from seeing the firearm I have on my person is not referred to anywhere in the 2nd Amendment, and should NOT require me to spend hundreds of dollars and multiple hours of my time to get a plastic card issued by the State of Nebraska allowing me to exercise that God-given right.

We need to work on getting Constitutional Carry in Nebraska.... ASAP!!!

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