Can police stop you just for carrying a gun?

[Michael M]

In other words, if a law enforcement officer notices you carrying a gun, is that sufficient justification for a pretextual stop?

The United States Court of Appeals for the Eleventh Circuit said no.

The Eleventh Circuit covers Florida, Georgia, and Alabama. If you live outside these states, this decision is persuasive, not authoritative.

Here is the decision just handed down in Olson Joseph v. United States:

https://media.ca11.uscourts.gov/opinion ... 311857.pdf

[wd4llq]

Very interesting decision. Bottom line is yes they can just stop you for carrying a firearm. Whether there is a valid probable or investigative cause is another thing. Are you a convicted felon or are you just going fishing? In this case I can guarantee you our suspect spent a lot of money on his lawyer. Yea, he's got the Do RA ME in that line of work .

[Michael M]

Yes, outside of simply carrying a firearm, you could be stopped based on probable cause - which is sufficient for an arrest - or on a reasonable, articulable suspicion that you have committed a crime or are about to commit a crime (a Terry stop). RAS is a lower threshold than probable cause, but in either case, the officer would have to clearly articulate the basis for the stop. So, to your point, yes, anyone, whether they are carrying a firearm or not, can be stopped if the officer is willing to lie.

As in every profession, there are bad cops, bad truck drivers, bad doctors, bad electricians, etc. Unfortunately, there are victims in all of these professions. Sometimes money can solve the problem, and sometimes all the money in the world cannot.

What’s interesting today is the result of several recent Supreme Court decisions that began with District of Columbia v. Heller, McDonald v. Chicago, and, more recently, New York State Rifle & Pistol Association v. Bruen. These are the cases that have now paved the way for the Second Amendment Foundation and the Firearms Policy Coalition to fight in the lower courts and overturn unconstitutional laws. The landscape surrounding Second Amendment issues is an extremely dynamic environment today - more so, by a good measure, than I’ve ever seen in my lifetime.