after he discovered that the defendant lawfully possessed a loaded firearm lacked sufficient basis because the firearm alone did not create a reasonable suspicion of criminal activity. In King, an Albuquerque police officer seized and searched King when, concerned that King's honking would cause an accident, he approached King's vehicle and observed a loaded firearm under King's *1162 thigh. Id. at 1555. Recognizing that King was allowed to carry a loaded, concealed firearm in his vehicle under New Mexico law, the court explained thatin light of the legality of King's actionspermitting such detentions would render the Fourth Amendment functionally meaningless:
In a state such as New Mexico, which permits persons to lawfully carry firearms, the government's argument [that the officer's investigatory detention of defendant was justified by concern forsafety of police officers is no doubt an important government interest, it can only justify a Fourth Amendment intrusion into a person's liberty so long as the officer is entitled to make a forcible stop.") (emphasis added).
More broadly, Defendants' actions are not protected by the community caretaker exception because they had no basis for believing that anyone's safety was at risk. Defendants simply received a report that an individual was carrying a firearm in a location where individuals could lawfully carry firearms. They received no indication that Mr. St. John was behaving suspiciously or in a threatening manner. When Defendants arrived, they found Mr. St. John sitting peaceably in the Theater preparing to watch a movie. They had no basis for believing that Mr. St. John's use of