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Federal Courts Strike Again on Concealed Carry

9:57 AM, Jan 4, 2010 • By C.J. CIARAMELLA
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The First Circuit Court of Appeals in New England just handed down another horrible Second Amendment ruling, very similar to the ruling that recently came out of Georgia. In the case in question, the court ruled that a police officer acted appropriately when he not only detained a man for lawfully carrying a concealed firearm but confiscated his gun. From the Atlanta Gun Rights Examiner:

According to the case opinion, the lawyer, Greg Schubert, had a pistol concealed under his suit coat, and Mr. Schubert was walking in what the court described as a "high crime area." At some point a police officer, J.B. Stern, who lived up to his last name, caught a glimpse of the attorney's pistol, and he leaped out of his patrol car "in a dynamic and explosive manner" with his gun drawn, pointing it at the attorney's face.

Officer Stern "executed a pat-frisk," and Mr. Schubert produced his license to carry a concealed weapon. He was disarmed and ordered to stand in front of the patrol car in the hot sun. At some point, the officer locked him in the back seat of the police car and delivered a lecture. Officer Stern "partially Mirandized Schubert, mentioned the possibility of a criminal charge, and told Schubert that he (Stern) was the only person allowed to carry a weapon on his beat."

The officer eventually released Schubert but confiscated both his concealed carry license and his firearm. The court, of course, ruled that all of Stern's actions were appropriate to "ensure his own safety" and because he could not confirm the "facial validity" of the license.

A similar case is underway in Virginia, where a man is suing the city of Roanoke and two police officers after he was detained for refusing to answer questions regarding his concealed carry license. Officers pulled over Aaron A. Stevenson for an expired registration. When they learned about his license, they asked if he was carrying a firearm. Stevenson declined to answer, invoking his right to remain silent (which is admittedly not the best way to endear oneself to a police officer). I'll let the Roanoke Times take it from here:

The officers pulled Stevenson from his vehicle, the lawsuit said, took the .45-caliber handgun he wore in a belt holster, and put him in handcuffs in the back of a police car. Stevenson said he was threatened with loss of his permit, confiscation of his gun and indefinite detention while police investigated whether he was involved in anything criminal.

Officers never read Stevenson his Miranda rights, the lawsuit said, and Ayers told Stevenson the questioning would stop if he would admit to some criminal action.

As the incident continued, some of Stevenson's co-workers drove past and his employer stopped to see what was happening. The officers asked the employer if Stevenson had mental problems.

Because you have to be a little bit crazy to try and invoke your constitutional rights these days.