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Reply #49: to clarify [View All]

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Home » Discuss » Topic Forums » Guns Donate to DU
gejohnston Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-29-11 05:51 PM
Response to Reply #41
49. to clarify
Edited on Fri Jul-29-11 05:56 PM by gejohnston
not having a licence plate is an infraction. Yes you would get pulled over.

So how about requiring that guns that are toted around in public be registered, and the toter display the relevant licence plate on their body?

If the required it, and the carrier did not have it on his body, then it would be the cop's duty to stop him. Since the law does not, and it is lawful for him to carry, the cop has no probable cause. Our courts have ruled that violates the fourth amendment.

You may "open carry" without a permit IF you are not LEGALLY DISQUALIFIED from doing so.

It is not begging the question in our system. The same way the cop would know if the driver next to him has a suspended or revoked DL, he doesn't unless there is probable cause or witness a traffic infraction, he has no right to pull him over. Same principle applies.

That said, if those laws existed, then the same rules would apply. Since they do not, the question is moot.

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