http://www.krqe.com/dpp/news/crime/...packing_theater_patron_wins_suit_200909382015 Pistol-packing theater patron wins suit Updated: Thursday, 01 Oct 2009, 8:33 AM MDT Published : Wednesday, 30 Sep 2009, 8:16 PM MDT Reporter: Jeff Todd Web Producer: Bill Diven ALAMOGORDO, N.M. (KRQE/KBIM) - Matthew St. John prefers to be prepared should violent crime come his way, but his habit of wearing a visible sidearm caused a problem for Alamogordo police although not for a federal judge. Last year St. John went to a movie at an Alamogordo theater and later went outside to meet a friend and buy a ticket for a second movie. He believes that is when theater management saw him openly carrying a pistol, which is allowed under New Mexico law without a permit. During previews for the second movie between five and seven police officers arrived and took St. John out of the theater. St. John considered his removal from the theater to have been illegal and said he was searched and questioned by police for nearly an hour. "They kept asking why I had a gun in the theater over and over and over," St. John told News 13 on Wednesday. "I answered them the first couple of times, and then I stopped answering the question in general." He says he cited his right to bear arms under the Second Amendment to the U.S. Constitution. Police eventually let him go and did not arrest or charge him. Still St. John decided to take legal action, not under the Second Amendment but as a Fourth Amendment search-and-seizure issue. "The question presented was, based on him legally carrying that firearm, were the police officers justified in seizing and searching him," Miguel Garcia, St. John's attorney, said. "And the answer to that is no." St. John sued seven Alamogordo police officers in U.S. District Court. The judge ruled this month that the officers had violated St. John's civil rights and awarded him $21,000. The Alamogordo Department of Public Safety said it’s learned from this case. “We meet with the officers and then conduct additional training so that we can prevent these situations from occurring," DPS Director Sam Trujillo said. The DPS said some training has already taken place, and after the city’s legal department reviews the case, there will be more training. It's dark, dude was sober; i wouldn't be bothered at all by his carrying. I like the 4th amendment angle.