Heien v. North Carolina
June 16, 2014 -Gun Owners Foundation (and GOA) submitted a brief before the U.S. Supreme Court in Heien v. North Carolina.
In this case, a driver was pulled over by police — even though he had not violated the law in any way. The North Carolina Supreme Court upheld the stop and search, claiming it to be “reasonable” — even though it was illegal.
GOF’s brief defends the Fourth Amendment property right to the security of one’s person. If no law has been violated, then the government has no superior interest in detaining a person or seizing property, and thus the search and seizure was unconstitutional no matter how “reasonable” the police may have acted.
This case is important because it will ultimately protect gun owners from having their firearms seized. The Supreme Court will hear oral arguments in the case this fall and issue its opinion thereafter.