Police in this situation would certainly have “qualified immunity” meaning they cannot be held individually responsible. Piercing this immunity is quite difficult and a simple case of false arrest will not do so. Can one recover costs etc. from the agency etc? Probably, especially since this interpretation is held by the AG’s office and it is the responsibility of the agencies to keep up with the laws and train their officers. However; we need a lot more 2A case law before we can go around taking away the homes and other property of cops who arrest honest, law abiding gun owners. Once we get to that point the game changes dramatically.
We’re getting closer, bit by bit.
Want a chance to meet Alan Gura and discuss this sort of thing with him? Then you should go to this year’s Gunblogger Rendezvous!