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Is it legal for a law enforcement officer to disarm a person in an open-carry state?

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,912
Location
North Carolina
When a officer might arrest, or shoot you legality is not what I consider important. It is going home to my family at the end of the day. In NC they should abide by the 4th district ruling in US vs Black that open carry in a state where it is legal is not RAS of a crime. RAS is the driving force behind Terry, without it there can be no legal Terry stop. That does not mean that officers understand the law, some will make it up as they go because they cannot be held accountable(qualified immunity).
 
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