FourthAmendment SecondAmendment
In a state that allows residents to carry a firearm in public, is it reasonable under the Fourth Amendment to stop and arrest someone for carrying a firearm without first asking or otherwise investigating whether they have a license to carry the firearm?
QUESTION PRESENTED FOR REVIEW In the wake of McDonald v. City of Chicago, 561 U.S. 742 (2010), jurisdictions throughout the nation have recognized the breadth and importance of the Second Amendment right to bear arms. Many states now allow some form of public carry of firearms, sometimes in conjunction with a license and registration requirement. The Fourth Amendment requires reasonable suspicion or probable cause that a person is involved in criminal activity before they can be detained by police. Terry v. Ohio, 392 U.S. 1 (1968). The question presented is: In a state that allows residents to carry a firearm in public, is it reasonable under the Fourth Amendment to stop and arrest someone for carrying a firearm without first asking or otherwise investigating whether they have a license to carry the firearm? i