Jump to content

wow...philadelphia police violate open carrier


crf69

Recommended Posts

I suppose I'll need to listen to this at home, probably not something I wanna crank up at work to hear - unless someone wants to provide a tl;dc(lick) summary beyond the thread title?

"On a Sunday afternoon, a Pennsylvania resident was walking up Frankford Avenue in Philadelphia, bound for an auto parts store, and happened to be legally openly carrying a Glock pistol on his hip, under PA state law.

A passing Philadelphia Police officer saw his walking up the road, pulled over his squad car in the middle of the busy street, and drew his weapon on the man, threatening to kill him multiple times if he moved.

The man was arrested, stripped of his possessions, and thrown in the paddywagon, while several Philadelphia Police officers made multiple phones calls to try and find out what law they think he broke.

In the end, they discovered that he was in violation of no laws, and was sent on his way, after having been illegally arrested for 45 minutes and his 4th Amendment rights blatantly violated

Link to comment
Share on other sites

"On a Sunday afternoon, a Pennsylvania resident was walking up Frankford Avenue in Philadelphia, bound for an auto parts store, and happened to be legally openly carrying a Glock pistol on his hip, under PA state law.

A passing Philadelphia Police officer saw his walking up the road, pulled over his squad car in the middle of the busy street, and drew his weapon on the man, threatening to kill him multiple times if he moved.

The man was arrested, stripped of his possessions, and thrown in the paddywagon, while several Philadelphia Police officers made multiple phones calls to try and find out what law they think he broke.

In the end, they discovered that he was in violation of no laws, and was sent on his way, after having been illegally arrested for 45 minutes and his 4th Amendment rights blatantly violated

$$$$$$

Link to comment
Share on other sites

SEW SEW SEW! F'em. They dont know the law they dont need to be cops! Period!

That shit pisses me off. Esecialyl the comment from the cop. I will put them through you if you dont keep your hands up. Ahole!

and when you're done knitting and sewing, perhaps contact a lawyer and sue those fucks

  • Upvote 1
Link to comment
Share on other sites

This is interesting:

18 Pa.C.S. § 6108: Carrying firearms on public streets or public property in Philadelphia

No person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless: (1) such person is licensed to carry a firearm; or (2) such person is exempt from licensing under section 6106 of this title (relating to firearms not to be carried without a license).

The LEO appears to have the right to question this individual whether he is licensed to openly carry in Philadelphia. By identifying him, you may find out if he's even allowed to possess a firearm.

With 24 police officer deaths as a result of gunfire, to this date, in 2011, I believe LEO's should approach any gun call with extreme caution. Until I know that this person openly carrying is legal to do so, I would remove, disable and secure the firearm. Once everything checks OK, I'll return his firearm and he can go about his day.

Just because you see an individual exercising his 2nd Amendment right, doesn't necessarily mean he's legally allowed to do so.

Link to comment
Share on other sites

This is interesting:

18 Pa.C.S. § 6108: Carrying firearms on public streets or public property in Philadelphia

No person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless: (1) such person is licensed to carry a firearm; or (2) such person is exempt from licensing under section 6106 of this title (relating to firearms not to be carried without a license).

The LEO appears to have the right to question this individual whether he is licensed to openly carry in Philadelphia. By identifying him, you may find out if he's even allowed to possess a firearm.

With 24 police officer deaths as a result of gunfire, to this date, in 2011, I believe LEO's should approach any gun call with extreme caution. Until I know that this person openly carrying is legal to do so, I would remove, disable and secure the firearm. Once everything checks OK, I'll return his firearm and he can go about his day.

Just because you see an individual exercising his 2nd Amendment right, doesn't necessarily mean he's legally allowed to do so.

i think you should take a moment to think about the implications of the highlighted phrase, reflect on the 2nd amendment and the constitution, maybe recite some poetry regarding liberty, and get back to us on that.

Link to comment
Share on other sites

It's not meant to be complicated, although it's amazing how quickly it can become that way. If the person walking down the street with a visible holstered firearm is a felon or a person declared by the courts to not own or possess a firearm, he should not be openly carrying a firearm. This particular individual has lost his 2nd Amendment rights.

Link to comment
Share on other sites

It's not meant to be complicated, although it's amazing how quickly it can become that way. If the person walking down the street with a visible holstered firearm is a felon or a person declared by the courts to not own or possess a firearm, he should not be openly carrying a firearm. This particular individual has lost his 2nd Amendment rights.

you are really not thinking this through. seriously... give it a shot.

If we accept your line of reasoning on matters of presumed innocence and the basic tenets of trusting your citizens, and since you like simple, here are some examples:

open carry is legal.

man was open carrying.

assume he must be a violent felon that is about to shoot up the place, therefore arrest, detain, threaten that man with death, then let him go after 45minutes since it took that long to check necessary ID and background because that is how to presume innocence.

driving is legal

man was driving

assume he must be a violent felon that is about to run over children, therefore arrest, detain, threaten that man with death, then let him go after 45minutes since it took that long to check necessary ID and background because that is how to presume innocence.

sitting at a park is legal

man was sitting at a park

assume he must be a child raping sex offender, therefore arrest, detain, threaten that man with death, then let him go after 45minutes since it took that long to check necessary ID and background because that is how to presume innocence.

Edited by jbot
  • Upvote 2
Link to comment
Share on other sites

The LEO appears to have the right to question this individual whether he is licensed to openly carry in Philadelphia. By identifying him, you may find out if he's even allowed to possess a firearm.

commonwealth v hawkins states that open carry itself is not grounds for a stop and ID by the police.

lawfully carrying a firearm does not constitute reasonable suspicion, and a police officer must have probable cause to stop and demand id.

Link to comment
Share on other sites

you are really not thinking this through. seriously... give it a shot.

If we accept your line of reasoning on matters of presumed innocence and the basic tenets of trusting your citizens, and since you like simple, here are some examples:

open carry is legal.

man was open carrying.

assume he must be a violent felon that is about to shoot up the place, therefore arrest, detain, threaten that man with death, then let him go after 45minutes since it took that long to check necessary ID and background because that is how to presume innocence.

driving is legal

man was driving

assume he must be a violent felon that is about to run over children, therefore arrest, detain, threaten that man with death, then let him go after 45minutes since it took that long to check necessary ID and background because that is how to presume innocence.

sitting at a park is legal

man was sitting at a park

assume he must be a child raping sex offender, therefore arrest, detain, threaten that man with death, then let him go after 45minutes since it took that long to check necessary ID and background because that is how to presume innocence.

commonwealth v hawkins states that open carry itself is not grounds for a stop and ID by the police.

lawfully carrying a firearm does not constitute reasonable suspicion, and a police officer must have probable cause to stop and demand id.

This^^^ Performing a legal act is not grounds for a stop. You must have probably cause for a stop and there wasn't any.

This is exactly why Ohioans For Concealed Carry is currently sending out paperwork to every police and sheriff station in the state of Ohio informing them of our open carry laws. I do believe the case John brought up is in that packet also.

Link to comment
Share on other sites

thats a PA case (hence commonwealth), ohio probably has something like it on the books though too.

Ah yes. Must have been some other court case then. I know there's a couple with the same rulings as the PA one.

Dude was looking for a confrontation with police. Open carry a glock in Philly with a recorder? That was made for YouTube! Right or wrong, do as the police say, then sue. That's a dangerous game.

How is that looking for a confrontation? I open carry a lot and carry a voice recorder. I'm not looking for trouble but if something goes down, I have some proof to back me up.

Link to comment
Share on other sites

you are really not thinking this through. seriously... give it a shot. . . .

I understand what you're saying and your point of view. Rather than compare apples to oranges, I'd rather attempt to deal with this particular situation for what it is. In reading the PA code, an informed LEO in Philadelphia would have reason to question the open carry of a citizen.

In Ohio, an informed LEO would have to approach this particular scenario differently. How it would be approached depends on the LEO, the citizen open carrying and the circumstances surrounding the encounter.

Link to comment
Share on other sites

I understand what you're saying and your point of view. Rather than compare apples to oranges, I'd rather attempt to deal with this particular situation for what it is. In reading the PA code, an informed LEO in Philadelphia would have reason to question the open carry of a citizen.

In Ohio, an informed LEO would have to approach this particular scenario differently. How it would be approached depends on the LEO, the citizen open carrying and the circumstances surrounding the encounter.

So could he pull everone over to check for a drivers license? Also, he was a jerk during the whole stop.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...