So then a person who IS NOT COMMITTING A CRIME BY WALKING DOWN THE STREET can be detained using a Terry stop, I think not... What does it say, "reasonable suspicion of involvement in criminal activity" Lets see, just carrying a gun is NOT reasonable suspicion of criminal activity. The Supreme Court has already ruled that when the carrying of arms is legal, there is no reasonable suspicion of criminal activity that raises the level to justify a Terry stop.
I figured you would attempt to bring up a Terry stop, and it just isnt so. Whatever cop stopped him should have to PERSONALLY pay the lawsuit that this guy will win, along with whatever court fees and if they cant then the cop should end up in jail, plain and simple. As I said before until the police stop with the heavy-handed Unconstitutional stops people will continue to despise the police.
Gunner
the gun was not the initial reason for the investigative stop, it was the citizens calls to police of a suspicious person. The holstered firearm was incidental to the encounter. The officer was dispatched, and upon arrival noted the odd behavior of the subject. He also noted the subject was armed. The officer had RS for a frisk because he knew the subject to be armed. The officer took control of the firearm, and after a brief investigation he was free to leave.