New Mexico law lets cops take all guns during stops

[Yamabushi7]

Did you guys see the the case that came down from the New Mexico Supreme Court allowing police to take all guns if you are pulled over? It says officer safety more important then Constitutional rights.
New Mexico vs. Ketelson What is your reaction?

[Snake Plissken]

Because a gun would only taken for the duration of the traffic stop, the court decided such seizures were reasonable.

"The retrieval of the gun from the vehicle during the limited context of the traffic stop was at most a minimal interference with the suspect's possessory interest," Justice Petra Jimenez Maes wrote. "Our decision in this case, which addresses a temporary separation of a firearm from the occupants of a car during the duration of a traffic stop, does not depend on any requirement of particularized suspicion that an occupant is inclined to use the firearm improperly."

Go deeper

[BadUglyMagic]

and put in the case and or a link to the decision.

[Snake Plissken]

and put in the case and or a link to the decision.

FILTHY LIBRULZ STEELIN' R GUNZ
http://www.thenewspaper.com/rlc/docs...nm-gungrab.pdf

[Warchief]

Texas Law allows peace officers in the lawful perofrmance of their duty to temporarily disarm individuals who are carrying with a concealed weapons permit in the interest of safety. I don't see any difference in intent between the Texas or New Mexico laws.

[toyamabarnard]

Excerpt:
Officer Bleau saw a black nine millimeter handgun lying on the back seat floorboard.

The background check revealed that Defendant had a prior felony conviction in Texas for
burglary in 1999.

http://www.nmcompcomm.us/nmcases/nms...s/SC32,170.pdf

Cases like this are a bad way for matters to be tested. It was a criminal defense for evidence suppression. It's been legal in Michigan for some time for officers to disarm on a stop for officer safety, but you also have to disclose that you're licensed to carry immediately if you have a firearm in the car. If you don't have a license to carry because you're a convicted felon you shouldn't have one in the car to begin with.

I have mixed feelings on this. I understand the need for officer safety, but (and it has never happened to me) I would be pretty damn nervous if an officer wanted to remove my loaded pistol from my person. Everyone is much safer if they stay secured with no one handling them. Laying loose in the vehicle somewhere though... Personally I'd have done the same thing if I was the officer making the stop.

[dougguod]

I would be pretty damn nervous if an officer wanted to remove my loaded pistol from my person

Why? Who's going to come along and victimize you with a cop present?

[Snake Plissken]

Why? Who's going to come along and victimize you with a cop present?

another cop?

[Gezere]

Why? Who's going to come along and victimize you with a cop present?

I truly understand the reasoning behind the law but I am also weary of being disarmed dealing with an armed individual who might already hold preconceived notions against me. I believe that most LEOs are fine outstanding citizens but just like anywhere else you have the douchebags. Unfortunately I've dealt with my share of douchebags. I'm already intimidating to most LEOs being a BBM. I think that it being known that both of us have legal firearms would make be a lot politer.

[DKJr]

I'm already intimidating to most LEOs being a BBM.

Big Bullshido Mod? Boring Brown Monsieur? Baffled Black Minister? Brash Bugler Mounting? or simply a Brainchild of Bumbling Monsters?

I get it but I feel like the reverse would be true the cop is a whole lot less jumpy.