New Mexico Supreme Court Lets Cops Grab Guns During Stops

New Mexico Supreme Court Lets Cops Grab Guns During Stops
New Mexico Supreme Court Lets Cops Grab Guns During Stops

Police officers in New Mexico can take guns away from drivers who pose no threat. The state supreme court ruled on May 20 that “officer safety” is more important than any constitutional rights a gun-owning motorist might have. The ruling was handed down in deciding the fate of Gregory Ketelson who was a passenger in a vehicle pulled over on November 13, 2008.

During the stop, Hobbs Police Officer Miroslava Bleau saw a 9mm handgun on the back seat floorboard. Ketelson and the driver of the car were ordered out and away from the car while Officer Shane Blevins grabbed the gun. The officers later learned that Ketelson, as a convicted felon, could not legally possess a firearm. The court, however, only considered whether the officers acted properly in taking the gun before they had any reason to suspect Ketelson, who was entirely cooperative during the encounter, of committing a crime.

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Anonymous

Wait he was a felon? He’s not allowed being around guns I mean doesn’t he know he is breaking the law?? Good thing those gun laws kept him from getting or being around one……oh wait…..[end sarcasm]

lostliberty

WTF!!!  >>>>“officer safety” is more important than any constitutional rights a gun-owning motorist might have.The idiot judges admit it’s a “constitutional” right! So nice these learned individual can pick and choose. I am so relieved, no more controversy about what is “constitutional”. All we have to do is burn that pesky document and leave it up to the Judiciary to make the laws up as they go along. They only have our best interest and “safety” at heart.
 If the Police Officers don’t feel comfy around law abiding citizens… get another job. Maybe one not paid by tax dollars where they are there to uphold the law!
 Glad they got the “felon” hopefully off the street again. No crap about him being a felon. They didn’t know it at the time but guess they were being cautious but the Court set a new precident in that the “Constitution” doesn’t matter!
 A “felon” around guns, we definitely need more gun control laws!
 “Any society that would give up a little liberty to gain a little security will deserve neither and lose both.” A take on B. Franklin.

Herbstnebel2ss

What makes things worse is that New Mexico has extended dominion, your car is an extension of your home. What do you expect from a bunch of clowns in black robes?

Crow T Robot

Now, I hate the pigs as much as the next human, but in this case I can sort of see their point. Sort of. If they see a loose handgun in the vehicle, they’re going to at least take possession of it for their own safety. To me, this isn’t particularly unreasonable. It’s actually damn common for pigs to take temporary possession of any weapons they discover in a traffic stop. I’d have grabbed the gun, too – temporarily. The point is to keep anything you wish to remain private in a private place and to ALWAYS refuse ANY searches 100% of the time WITHOUT FAIL!

However, the tone of the article is the usual hysterical THEY’RE GONNA TAKE YER GUNS!! bullshit we always hear from some gun fanatics. It’s not true.

This article isn’t even controversial.

[…] Mexico High Court Rules Cops Can Seize Guns During Traffic Stops – Hit & Run : Reason Magazine New Mexico Supreme Court Lets Cops Grab Guns During Stops The reality is if you look into what the "supreme court" has ruled constitutional in […]

ftk67

If it is not illegal to own or transport the firearm do the police have the right to take it?  I would consider the reason for being stopped.   If they take it is it returned to me at the end of the stop?   Returned with an apology without further inconvience, maybe yes.   Easier to ask why and comply then get into a pissing contest.   If you feel the police person was in the wrong take notes and report it.   Call a lawyer or group with knowledge of the gun laws and handle it legally.  I feel attitude of both parties will make a difference.