Estimated read time: Less than a minute
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
CHARLESTON, W.Va. (AP) — West Virginia Attorney General Patrick Morrisey, joined by four other states, has asked the U.S. Supreme Court to overturn an appeals court ruling they say infringes on gun rights.
In a brief Tuesday, they say the 4th U.S. Circuit Court majority erred in concluding police can frisk someone they believe has a weapon.
Morrisey, joined by attorneys general from Indiana, Michigan, Texas and Utah, says innocent gun owners have the right to carry weapons "without the fear of being unreasonably searched."
They say existing case law requires police determine someone is dangerous as well as armed.
The case involved Shaquille Robinson, a felon with an illegal gun in his pocket. He was arrested by Ranson police in West Virginia's Eastern Panhandle after an anonymous tip of someone seen loading a handgun.
Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
