D.Mont.: Reliable informant’s report defendant had a gun wasn’t RS because this is an open carry state. John Wesley Hall, Esq. Fourth Amendment .com

[Doug_Nightmare]

D.Mont.: Reliable informant’s report defendant had a gun wasn’t RS because this is an open carry state |

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fourthamendment.com

Posted on May 23, 2024 by Hall
Defendant’s motion to suppress is granted on the exhibits and briefs without a hearing because there was no reasonable suspicion for the stop. “However, the information provided by the caller was insufficient on its own for the police to have reasonable suspicion to conduct an investigatory stop. Based on the content of the call, the officers knew that Glenn was in possession of a gun. Openly carrying firearms and carrying concealed firearms are presumptively legal in Montana.” Nothing else supports reasonable suspicion. United States v. Glenn, 2024 U.S. Dist. LEXIS 91171 (D. Mont. May 20, 2024).

 

[color of law]

It is worth the read. It is really not a gun case, it's a 4th amendment case, but it does make it clear that carrying a gun openly or concealed does not rise to articulable suspicion. See footnote 1.