Traffic stop with firearms in the car and a permit

[wrmettler]

See attached article.

https://reason.com/volokh/2021/08/09/fourth-amendment-forbids-handcuffing-driver-just-because-he-has-gun-gun-permit/
Interesting Discussion re Traffic stop with valid firearm’s permit.
Case is good reading too.

I’ve been stopped for traffic issues with a gun in the car. I just did what the officer told me and there were no problems. I didn’t volunteer anything, however.

[Caballoflaco]

I’m glad he won the case on being handcuffed and having his car searched for having a licensed pistol.

I’m also disappointed that he didn’t get pulled out of the car and tased for just deciding to stop in the middle of the road in order to unfreeze his iPhone .


Defendant's basis for stopping Plaintiff's vehicle was that the car was stopped at night in the roadway with the engine running in an area known for drugs and prostitution. In Connecticut, a parked car may "not obstruct or impede the normal and reasonable movement of traffic."

[Le Français]

Defendant conceded at oral argument that his conduct following the initial stop and check of Plaintiff's driver's license exceeded the bounds of a Terry stop, but that the conduct was still justified because he had probable cause to believe Plaintiff was possessing a firearm without a permit as he had not yet been able to verify the validity of the permit.

So, his argument was that there's PC to arrest anyone with a gun, without any effort to determine illegality. How about no.

ETA: Nice to see a judge in a place like CT defending the 4th Amendment in a gun-related case.