The Fourth Circuit of the U.S. Court of Appeals has ruled that merely carrying a firearm in an open-carry state does not create reasonable suspicion of a crime.

Nathaniel Black was part of a group of men in Charlotte, North Carolina who local police officers suspected might be engaged in criminal activity. In particular, Officers suspected that after seeing one of the men openly carrying a firearm – which was legal in North Carolina – that there was most likely another firearm present. When police began frisking the men one by one, Mr. Black wished to leave, but was told he was not free to leave. Officers chased Mr. Black and discovered that he possessed a firearm; it was later discovered that he was a previously convicted felon. Mr. Black was charged with being a felon in possession of a firearm. Before the United States District Court for the Western District of North Carolina, Mr. Black moved to suppress the evidence against him. His suppression motion was denied, he entered a guilty plea preserving a right to appeal the denial of the suppression motion, and he was sentenced to fifteen (15) years imprisonment. The United States Court of Appeals for the Fourth Circuit, however, determined that the officers had improperly seized Mr. Black, suppressed the evidence against him, and vacated his sentence.

Read the whole article. Black had visibly been doing nothing wrong, merely standing on the sidewalk talking to friends. And because it is perfectly legal to openly carry a firearm in North Carolina, the court ruled that the police had not been given cause to detain him or search him. In other words, it though it might be illegal for you to be carrying the gun (as it was with Black), the mere presence of the gun does not give the police the right to suspect him of a crime.