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In Louisiana, a court case is headed to the Supreme Court that’s based on the right to keep and bear arms amendment that was overwhelmingly approved by voters there last year. The case is one of those that people point to as showing the insanity of current law. Rico Webb, a 22-year-old man with no criminal record, was in his girl friend’s car when it was stopped for a broken tail light. He had possession of a legal handgun and he told police that he had a “blunt” (small cigar with marijuana filler) in his backpack . . .

Possession of the marijuana blunt alone would be a misdemeanor. Possession of both the blunt and a handgun, under the inflexible drug and gun laws of Louisiana, meant a felony conviction with a sentence of 5-10 years and no possibility of parole. The case was appealed under the new constitutional amendment, that protects rights that many in Louisiana thought that they already had. The Supreme Court has agreed to hear the case.

Another case, one that challenges a broad prohibition on convicted felons possessing guns, has already been heard by the Supreme Court. A decision is expected shortly.

There is no current case before the court that challenges the law banning concealed carry of weapons without a state permit. Many think there’s a good chance that law would be found to be unconstitutional.

©2013 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

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  1. Strange. In CA it would be the gun that caused all the distress, the blunt wouldn’t even move the needle.

    • My thought exactly.

      He TOLD them about the ‘blunt’? Why on earth would he do that? Way to turn a traffic infraction into a life changing travesty.

      Sit there, shut up, take the ticket and drive away. Informing the cop about the gun was bad enough, telling him about the joint was just dumb.

      As bad as NY is about everything else at least there’s no ‘duty to inform’.

    • “Hey guys, three of my cards have the letter ‘A’ on them, see?. Is that good? I thought they mostly had numbers.”

  2. I think we’ve said it before — STFU. Spill your guts at your peril.

    And any requirement to inform is a clear Fifth Amendment violation if the gun is illegal. If it’s legal, not so much. How stupid is that?

  3. Repeat after me: “Never, ever, talk to the police!” “ALWAYS invoke your 5th amendment rights immediately.” If the police persist, ask for your, or demand they provide, a lawyer. Then SHUT UP.

    • Do you have a warrant? Am I being detained? Am I free to go? I want to talk to a lawyer. Only things you should EVER say to a cop.

    • Correct, and I would add that we need to be careful not to appear as if we are blaming the victim. It was not his fault he got arrested for possessing some dried leaves no matter what he said, it is the fault of the politicians, cops and society in general who condone this unethical behavior.

  4. Some “gun rights advocates” would recommend talking with the cops. Last time I open carried those “gun rights advocates” were upset because I exercised my right to remain silent…

    • And because you carried an AK-47 pistol with an orange tip while dressed in camoflauge fatigues……….

      and carried an AR-15 with body armor and a silencer in nashville, and for carrying a pistol in your hand while walking down the street.

      you really are a reminder there are people too stupid to exist living in society….

      • Dressed in blue jeans with a camo jacket in winter 30 degrees.

        With a black powder pistol in my hand as required by law.

        Carrying a locked case with an unloaded ar rifle and lawfully registered silencer inside while handing out 2a literature.

        At no time in violation if any law.

        • yeah I’ve read your thread that got you banned on OCDO.

          I never said you committed a crime, I said you’re an idiot. you can legally yell out in a public square that Obama is the antichrist and alien bugs are invading while wearing a speedo too, it doesn’t mean you’re not stupid.

          and if you’re dumb enough to pull stunts like walking down a populated street carrying a loaded handgun of any type in your hand, you’re definitely stupid. and I’m not convinced by your internet law school education that that is legal anyway….

  5. See, this is why you never talk to the police without an attorney present, not even to acknowledge your Miranda Rights. It doesn’t matter if the cops get pushy. Invoke your right to remain silent by being silent until your lawyer arrives.

    He could have just signed the ticket and got his tail light fixed.

    Then there’s the whole Right To Transit and traffic laws debate, but that’s a whole ‘nother animal.

  6. I don’t really see how this is a gun rights case. Lots of crimes are made more serious for being conducted by while armed. Even public possession of an otherwise legal firearm becomes its own crime if possessed while intoxicated, for example, aside from the intoxication itself. Robbery gets bumped up to armed robbery if there’s a firearm involved. Assault steps up to aggravated assault.

    He possessed marijuana while possessing a firearm. 5-10 without parole does sound harsh to me, I’ll concede, but the cruelty or unusualness of the punishment is a separate legal theory from firearms rights and not one apparently being argued in this case.

    • I agree. This case is really about Being Stupid in Public and running your mouth at the wrong time.

  7. “Never talk to cops!!”
    Yeaok. Cuz even looking them in the eye will get you thrown in jail!!!
    The gall of some of you commandos. The fool clearly sank his own ship when he told the cop about the blunt. Certain times require the SHUT YER DAMN MOUTH game plan, but not ALL of them.
    I’ve been stopped plenty of times. Being respectful (w\o being a boot licker) and treating them like human beings has gotten me out of more than my fair share of tickets. Sheesh, what happened to treat others the way you wanna be treated?

    That being said, I look forward to hearing the word “unconstitutional” about this law real soon.

  8. Alcohol, pot, guns, and driving are mutually exclusive pastimes. That said a J should not make for a felony just because you have a firearm. There is no reason you cant like them all at different times.

    • I’m really tired of hearing people compare the affects of alcohol and pot to each other. They are not similar at all. We’ve all had out experiences and I throw the bs flag. Guns and booze don’t mix, I agree. Pot and guns? I’ve known plenty of people who shoot stoned. I’ve never seen any of them violate any of the 4 rules.
      That being said the kid in this story is an fool.

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