Delaware Concealed Carry Forum
State News & Gun News => NRA & National Gun News => Topic started by: MarcWinkman on January 28, 2017, 10:51:31 PM
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Now this decision has me scratching my head on many levels and frankly has me slightly concerned for the implications that may carry over into our local Federal Appellate Corcuit (the Third which is Delaware, New Jersey, and Pennsylvania) and consequently, perhaps down to Little Ol Delaware.
https://www.nraila.org/articles/20170127/federal-appeals-court-s-shocking-pronouncement-lawful-gun-carriers-must-forfeit-other-rights
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Wow, the two legal opinions by 4th Circuit judges put 'informing the officer' is a whole new perspective. Instead of a police shooting being irrational and paranoid, the policeman is now acting reasonably. Twisted reasoning!
-- “individuals who carry firearms -- lawfully or unlawfully -- pose a categorical risk of danger to others and police officers, in particular.”
-- “If a police officer reasonably believes that a suspect poses a ‘threat of serious physical harm,’ he may use deadly force to protect himself ….”
Puts a damper on the national reciprocity legislation. I was looking forward to carrying in MD. Gives a fella pause. (4th Circuit covers MD, NC, SC, VA, and WV). On the bright side, there is no duty to inform in MD, VA, and WV. Caveat emptor in NC and SC.
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Really not much of a stretch to think this might put officers at a dangerous disadvantage. If the intent of a legal carry is to defend one's self then what happens when LE takes the first offensive action?
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Start a new movement. "White Lives Matter".
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Luckily we are under the jurisdiction of the 3rd District Circuit Court here in Delaware and southeastern Pa.