by MadisonConservative
HotAir.com
January 6, 2010
I’ve lamented the struggle for people who openly carry firearms, particularly in Wisconsin where that’s our only option to carry. However, Massachusetts, like 47 other states, observes the right of their citizens to carry a concealed weapon – with a permit, of course. However, to cops on a power trip, the law means nothing. Apparently, the same goes for the courts:
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.
The article continues at HotAir.com
