jvquarterback wrote:
He may not be as conservative as you think regarding the 2nd amendment.
http://www.americanthinker.com/articles/2017/01/judge_neil_gorsuch_some_cause_for_concern.html
Interesting article. In a state that allows concealed carry permits, I struggle to see the logic that having a concealed handgun presents probable cause, or falls under the Terry stop and frisk. I hope some 2A senators do question him on joining in the opinion. He probably is more of a 2A supporter, and this case falls under one of the many I learned about in criminal procedure during law school called the "guilty as hell rule." If the criminal was truly guilty, the courts will find a way to justify the conviction, regardless of what the Constitution says...unless it is a really, really egregious Constitutional violation.
In this case, a man in New Mexico had an unlawful concealed carry weapon that a police officer noted. The officer disarmed and arrested the man. The police officer had no way of knowing if the gun was illegally carried, but the court upheld the conviction under the Terry stop and frisk logic. There are some facts missing that would be interesting to know. Did the officer ask him if he had a permit? Did the man voluntarily answer the question? The article states the officer disarmed first, and asked questions later, but I would like to know more about the case before I concluded that the Nominee is not a second amendment supporter.