Court rules open carry now reason for detainment.

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Court rules open carry now reason for detainment.

Postby brainoncapitalist » Thu 18 Jun 2015 12:22 pm

I'm sure this will get shot down on appeal. Hope so anyway.

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Re: Court rules open carry now reason for detainment.

Postby KramerD » Fri 19 Jun 2015 2:53 am

I'm not a big fan of open carry for myself, but I will say this case is wrong. The judgment is wrong. Appeal it.
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Re: Court rules open carry now reason for detainment.

Postby UtahJarhead » Mon 22 Jun 2015 1:27 pm

KramerD wrote:I'm not a big fan of open carry for myself, but I will say this case is wrong. The judgment is wrong. Appeal it.

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Re: Court rules open carry now reason for detainment.

Postby DaKnife » Fri 26 Jun 2015 8:08 pm

This has the potential to be very beneficial. Of course the ruling could be upheld, but if overturned at the appeals court level as seems most likely, we gain a cite-able and widely binding ruling that affirms that such is not grounds for a terry stop or greater detainment. That RAS of actual criminal activity must exist, not simply a 911 call by a hoplophobe.
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Re: Court rules open carry now reason for detainment.

Postby BLKWJ » Wed 08 Jul 2015 4:39 am

My legal-fu isn't the greatest. But shouldn't deberry VS U.S. already solve this?
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Re: Court rules open carry now reason for detainment.

Postby Car Knocker » Wed 08 Jul 2015 7:26 am

BLKWJ wrote:My legal-fu isn't the greatest. But shouldn't deberry VS U.S. already solve this?

DeBerry took place within the Seventh Circuit Court of Appeals and the decision holds within the Seventh Circuit. Michigan, however, is in the Sixth Circuit Court of Appeals and the decision of the Seventh is not binding outside of it's boundaries. The Michigan District Court should consider the persuasive authority of the Seventh court decision but isn't required to comply with it as it would a binding precedent by the Sixth.
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Re: Court rules open carry now reason for detainment.

Postby BLKWJ » Wed 08 Jul 2015 11:39 pm

Ok, thanks :D
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Re: Court rules open carry now reason for detainment.

Postby Cinhil » Thu 09 Jul 2015 1:48 am

Car Knocker wrote:
BLKWJ wrote:My legal-fu isn't the greatest. But shouldn't deberry VS U.S. already solve this?

DeBerry took place within the Seventh Circuit Court of Appeals and the decision holds within the Seventh Circuit. Michigan, however, is in the Sixth Circuit Court of Appeals and the decision of the Seventh is not binding outside of it's boundaries. The Michigan District Court should consider the persuasive authority of the Seventh court decision but isn't required to comply with it as it would a binding precedent by the Sixth.



However, isn't it common for other courts to abide by decisions in other districts? I believe many rulings have been used as case setting precedents which even the Supreme Court has held up. I could be wrong, though regardless of jurisdiction, either could be struck down or upheld if their respective cases were to go to the Supreme Court.

Just my thoughts, I am no legal expert. (Though I did stay at a Holiday Inn last night :D )
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Re: Court rules open carry now reason for detainment.

Postby Car Knocker » Thu 09 Jul 2015 7:10 am

Cinhil wrote:However, isn't it common for other courts to abide by decisions in other districts? I believe many rulings have been used as case setting precedents which even the Supreme Court has held up. I could be wrong, though regardless of jurisdiction, either could be struck down or upheld if their respective cases were to go to the Supreme Court.

Just my thoughts, I am no legal expert. (Though I did stay at a Holiday Inn last night :D )


Sure, courts can cite a decision made by an appeals court in a different circuit as a persuasive authority in support of their decisions but they are not required to as they would a decision made by a superior court in their circuit. Likewise, appeals courts can cite the decision made by a different circuit to bolster its decision. But...just because the Tenth Circuit makes a particular decision doesn't mean it is automatically binding on other circuits. We saw this recently with differing decisions by different circuits regarding Obamacare federal subsidies - the D.C. Circuit ruled one way and the Fourth Circuit held the opposite (on the same day), thus setting up a conflict that went to the USSC.

And you're right, I think, in that the USSC quotes, when appropriate, appeals court logic to support their decisions...and dissents. Like you, I'm no legal expert but I do like to read decisions just to savor the logic, no matter how convoluted it may become. There are truly some seriously twisted minds within the judicial system.
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Re: Court rules open carry now reason for detainment.

Postby MrReverse » Mon 13 Jul 2015 5:32 pm

Here I thought twisted minds were required in courts these days. :raisedbrow:
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