https://www.nationalreview.com/2019/06/a-win-for-gun-rights-in-pennsylvania/
i never knew some of this stuff was happening in Pennsylvania:
The Pennsylvania supreme court rules that legal gun owners aren’t second-class constitutional citizens. SCOTUS, take note.
For example, in 2017, the Eleventh Circuit held that a police officer enjoyed immunity from suit when he pounded on the door of the wrong apartment late at night, failed to announce himself, and then shot dead a young man when he lawfully answered the door, armed. The existence of the gun granted the officer the right to shoot with absolute legal impunity.
Two months later, the Supreme Court ruled in favor of police officers who, without a warrant, entered the modest dwelling (a one-room shack) of a man named Angel Mendez and opened fire when he pointed a BB gun at them. Mendez lost his leg. His girlfriend was also injured. SCOTUS then used this case as an occasion to reverse a Ninth Circuit use-of-force rule that would impose liability when police “provoke” a violent confrontation through an “independent Fourth Amendment violation.”
But perhaps the best expression of gun owners as second-class citizens under the Bill of Rights came from the Fourth Circuit Court of Appeals. The court ruled that police could frisk a person if they believed that the person carried a firearm, even if he possessed a concealed-carry permit. According to the court, “the danger justifying a protective frisk arises from the combination of a forced police encounter and the presence of a weapon, not from any illegality of the weapon’s possession” (emphasis added).
In a concurring opinion, a federal circuit-court judge actually typed these words:
i never knew some of this stuff was happening in Pennsylvania:
The Pennsylvania supreme court rules that legal gun owners aren’t second-class constitutional citizens. SCOTUS, take note.
For example, in 2017, the Eleventh Circuit held that a police officer enjoyed immunity from suit when he pounded on the door of the wrong apartment late at night, failed to announce himself, and then shot dead a young man when he lawfully answered the door, armed. The existence of the gun granted the officer the right to shoot with absolute legal impunity.
Two months later, the Supreme Court ruled in favor of police officers who, without a warrant, entered the modest dwelling (a one-room shack) of a man named Angel Mendez and opened fire when he pointed a BB gun at them. Mendez lost his leg. His girlfriend was also injured. SCOTUS then used this case as an occasion to reverse a Ninth Circuit use-of-force rule that would impose liability when police “provoke” a violent confrontation through an “independent Fourth Amendment violation.”
But perhaps the best expression of gun owners as second-class citizens under the Bill of Rights came from the Fourth Circuit Court of Appeals. The court ruled that police could frisk a person if they believed that the person carried a firearm, even if he possessed a concealed-carry permit. According to the court, “the danger justifying a protective frisk arises from the combination of a forced police encounter and the presence of a weapon, not from any illegality of the weapon’s possession” (emphasis added).
In a concurring opinion, a federal circuit-court judge actually typed these words:
The majority decision today necessarily leads to the conclusion that individuals who elect to carry firearms forego other constitutional rights, like the Fourth Amendment right to have law enforcement officers “knock-and-announce” before forcibly entering homes. . . . Likewise, it is difficult to escape the conclusion that individuals who choose to carry firearms necessarily face greater restriction on their concurrent exercise of other constitutional rights, like those protected by the First Amendment.