TriggerFinger


Gun rights are advancing


Princelaw BlogToday, the Pennsylvania Supreme Court issued a 53 page majority opinion, a 2 page concurring decision by Justice Baer and a 16 page concurring opinion by Justice Dougherty which Justice Mundy joined, in the case of Commonwealth v. Hicks, which addressed whether the mere open or concealed carrying of a firearm constitutes reasonable suspicion of a crime.

Before this Court, the Commonwealth again advanced its “radical position,” Hawkins, 692 A.2d at 1071, in the present iteration contending that police officers are not only entitled, but “duty bound” to seize and investigate the licensing status of every individual who carries a concealed firearm in Pennsylvania. Brief for Commonwealth at 11. We have little difficulty in again rejecting this proposition, because we conclude that the Robinson rule contravenes the Terry doctrine and, indeed, the fundamental guarantees of the Fourth Amendment.

If the police can stop you, search you, seize your firearm, and interrogate you simply for going about your business peacefully while bearing a firearm, you don't actually have a right to bear arms. It's heartening to see courts slowly beginning to recognize that.

This entry was published Fri Jun 07 06:47:33 CDT 2019 by TriggerFinger and last updated 2019-06-07 06:47:33.0. [Tweet]

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