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-   -   New Mexico - Court Expands police right to take guns from cars! (http://www.firearmstalk.com/forums/f97/new-mexico-court-expands-police-right-take-guns-cars-42935/)

Bigcountry02 05-24-2011 03:12 PM

New Mexico - Court Expands police right to take guns from cars!
 
Never heard anything in the news and this pops up! NM AG Gary King (D) applauded the courts unanimous ruling. I wonder how many of the NM Supreme Court Justices were appointed by former Gov. Bill Richardson?

Court expands police right to take guns from cars - NewsTimes

SANTA FE, N.M. (AP) Police can remove a gun from a car during a traffic stop to ensure their safety even when they have no specific suspicion that the occupants are dangerous and pose a threat, the state Supreme Court concluded in a ruling welcomed by law enforcement.

Protecting the safety of law enforcement officers justifies removal of a gun that's in the plain sight of police, the justices said, and temporarily taking the gun does not violate an individual's constitutional protections against an unreasonable search and seizure.

GunGal 05-24-2011 03:58 PM

Think I will...
 
Thankfully it is easy enough for me to steer clear of New Mexico!

JonM 05-24-2011 04:13 PM

Actually i dont have a huge problem with a citizen having a firearm taken during a traffic stop then returned. Traffic stops can easily escalate through self rightousness of the officer or citizen. The citizen can complain and sue later the officer cant to get his/her life back.

Ive done my share of traffic stops i was thankful the offender did not have a weapon.

If the police are taking guns just to take em as a harrassment thats an issue. But reading the story it doesnt appear to be the case nor does the ruling appear to give the po-po that power.

robocop10mm 05-24-2011 04:24 PM

What is the problem with temporarily securing the firearm until the contact is over? That has been the law in Texas since the Concealed Carry Law took effect.

gregs887 05-24-2011 04:54 PM

As long as it is returned at the conclusion of the traffic stop I don't see what the big deal is.

mjkeat 05-24-2011 05:40 PM

I agree. As long as the firearm is returned at the conclusion of the traffic stop there shouldnt be a problem. I can see how someone w/ an illegal firearm (not registered properly, stolen, etc.) might not like this law.

IGETEVEN 05-24-2011 05:54 PM

Quote:

Originally Posted by mjkeat (Post 510945)
I can see how someone w/ an illegal firearm (not registered properly, stolen, etc.) might not like this law.

And there ya have it.

orangello 05-24-2011 05:54 PM

Quote:

Originally Posted by gregs887 (Post 510915)
As long as it is returned at the conclusion of the traffic stop I don't see what the big deal is.

As long as the firearm is returned in the same condition it was removed in, no problem. Also, this shouldn't apply to any firearm that isn't "readily accessable", IMO.

PanBaccha 05-24-2011 08:19 PM

Well, there you go.
Round 1 has begun.
And the reverberating effect will manifest a round 2 in some other state.
Then the federal government will ban guns from ever being owned again.
Thus will begin the erosion and finality of our 2nd ammendment rights. :eek:
(If we allow it)

bkt 05-24-2011 08:58 PM

There seems to be pretty widespread approval that an armed man (a cop) may disarm another man (you) for no other reason than the first armed man feels uncomfortable or threatened in some way because the other man is armed.

Sorry guys but that's crap. It doesn't matter if the whole ticket-writing process is congenial and you get your firearm back promptly. By handing over your firearm for no reason whatsoever establishes that government may disarm you at will and you're OK with that. You can try to justify it any way you like. "Oh, it's not that. See, the cops just want to feel safe and I want to prove that I'm no threat, blah, blah, blah." That doesn't flush. No offense to any specific individual intended, but what some folks wrote in support of this is extremely disappointing.


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