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Philadelphia PD won't Look the Other Way on Open-Carry Gun Owners

Discussion in 'General Gun Discussions' started by usmarine0352_2005, May 21, 2011.

  1. usmarine0352_2005

    usmarine0352_2005 Well-Known Member



  2. usmarine0352_2005

    usmarine0352_2005 Well-Known Member


    Just because someone is open-carrying doesn't mean they are legal. Although the chance of that is slim to none.

    If someone needed to be stopped in this situation having them put there hands up, removing the pistol, checking their carry permit and then giving them their pistol back and sending them on there way isn't unreasonable.

  3. 9MMare

    9MMare Well-Known Member

    So according that article, people are stopped by the police for no legal reason. They are doing nothing illegal or even suspicious (because if it is legal, it's not suspicious by definition), and the police ask for ID and SEARCH them.

    This is worse than the NC drivers license random checks.

    I hate to bring up the N-word....and it's not the one related to racism....but that's what this makes me think of. (This and the laws they are trying to pass restricting people from taking pics or videos of police activity)
  4. If just walking down the street with open carry is legal without a permit, what is the probable cause for a stop? When I was a cop, I always asked myself what my probable cause was. This is what happens when the masses do not regularly exercise their rights, and excise unwanted and stupid policemen...............
  5. AK103K

    AK103K Well-Known Member

    As silly as it seems, open carry requires a concealed carry (LTCF) permit within the city limits in Phiily. Not sure how that works, as its not an issue anywhere else in the rest of the state (as far as I know), but, Philly is Philly, and they always want to be different. :)

    One thing that is probably a good point to it though, at least you can carry the gun loaded in your car (you cant if you dont have a permit) the way they have it set up. If they are worried about the gun being in the holster, can you imagine the ruckus if the cop drove by and saw you standing there, gun in hand, loading up next to the car right after you got out? :)
  6. We had some laws in some Ohio cities that exceeded the state laws regarding ownership and such of handguns, assualt rifles, etc. They were recently shot down in the supreme court (Ohio) as being unconstitutional BECAUSE they exceeded the authority of the state. Perhaps a strong challenge in the PA supreme court would nullify the Phillie law.
  7. General Geoff

    General Geoff Well-Known Member

    There already is established case law, specifically in terms of carrying a firearm in Philadelphia. The police do not even have reasonable articulable suspicion of a crime being committed in order to detain a man open carrying a firearm, let alone grounds to charge him with a crime. See: Commonwealth v. Hawkins.
  8. 4thPointOfContact

    4thPointOfContact Well-Known Member

    Agreed. Although a citizen must have a permit in Philadelphia, the conduct is as legal as driving an automobile. Do the police make a habit of targeting drivers to ensure they are properly licensed on a random basis?
  9. M-Cameron

    M-Cameron member

    umm.......wouldnt it be simpler......and all around more effective.....if you warned your officers not to "inconvenience" the gun owners....?
  10. Steve in PA

    Steve in PA Well-Known Member

    All police officers received the word during their official updates a few years ago that open carry was in fact, 100% legal in PA to include Philly.

    Apparently the Philly officers either fell asleep during this topic, or as it seems, just choose to ignore the law.

    Lacking any reasonable suspicion that the open carrier was involved in criminal activity, the police have ZERO authority to stop and/or detain the person. Its the same thing with driving a vehicle, the police can't just stop you to see if you have a drivers license.

    Philly is an embarassment to PA and Philly LEO's are an embarassment to law enforcement.
  11. For a while in my nearby town, before the state ratified a CCW law, the local police chief stated his men would probably stop a guy for open carry (which he knew was legal, but like Phillie, and other places, had become so uncommon that cops just thought they would intercede to "protect the public". I seriously considered drafting a handout, with my picture on it, and a statement that I was a citizen, not of ill intent, not under indictment, etc, and was going to be exercising my right to bear arms in the town, and that the notice was for the benefit of all the officers' knowledge of who I was, etc, so I would not be "molested". I figured they'd shake me down once or twice anyway, but after that, it would become harrassment, since I had carefully informed them of who I was and what I was doing. I contemplated strapping on a gun openly and doing all my downtown business that way, to re-establish the public right to bear arms. I guess I never got mad enough, or lost interest, and shortly later, Ohio became a CCW permit state. We STILL need to educate the cops and prosecutors, and take back our rights, but for now, packing concealed serves my purpose. Had I done all that, and been harassed, I would have miked it to the max with the press, attorneys, and any pressure I could muster to roust the city admin, police, etc, until they acknowledged the public's right to be armed openly as long as no ill intent was accompanying it.
  12. 9MMare

    9MMare Well-Known Member

    Apparently they are doing exactly that in NC.
  13. PavePusher

    PavePusher Well-Known Member

    I love it when the police publicly announce their intent to violate the Citizens' Civil Rights. It make the resulting law suits so easy.... :evil::banghead::fire::cuss:
  14. EddieNFL

    EddieNFL member

    Typical "head in the sand" attitude: "If I can't see it, I'm in no danger."

    Recently, a bill was introduced to allow OC in FL. The sheeple are in a panic as they believe those who now carry concealed will somehow become blood lusting murders if they're allowed to OC.
  15. Deanimator

    Deanimator Well-Known Member

    The Philly PD and prosecutor have made SO many damaging statements against penal interest that General Francisco Franco has a better chance of survival than their malicious prosecution. And when the victim's civil suit gets to court, the Philly PD is TOAST.

    If I were the victim, I'd take half of the settlement or judgment and use it to give out free video cameras just to make the Philly PD's life REALLY interesting in the future.
  16. One-Time

    One-Time Well-Known Member

    If OC is legal, then they have NO legal grounds on which to stop a person abiding by the law. You cannot as a LEO stop someone for following the law, if you cited that reason in court youd lose

    'Your honor I stopped the defendant because he was following the law'

    you did what...case dismissed
  17. Deanimator

    Deanimator Well-Known Member

    It's happened elsewhere and even MORE blatantly.

    A guy here obeyed officers' orders to remain silent during a felony stop, after trying to obey the "notification" requirement. After ***51*** seconds, he managed to inform... and was charged with... "failure to PROMPTLY inform". It actually went to trial and he was of course acquitted.

    Malicious, retaliatory prosecutions are a Philadelphia PD thing, but not EXCLUSIVELY a Philadelphia PD thing.
  18. jiminhobesound

    jiminhobesound Well-Known Member

    Seems to me this is another case where the police department needs to be severly punished for illegal, unconstituional activities. As stated in the case precedent there is a good basis for a suit involving substantial intentional harm to a law abiding citizen. When I lived in PA the sheriff issued the ccw permits.

    MICHAEL T Well-Known Member

    What has happened The states and the cities that figured so much in our rebellion and writing of the Constitution. Have become the states for most part with the worst gun control laws, High's taxes and general harassment of its citizens
  20. 9MMare

    9MMare Well-Known Member

    In WA St, we have pretty good gun laws, including open carry and Shall-Issue cc permits within 30 days.

    Seattle has tried to pass its own more restrictive gun laws (last yr most recently) and has been overruled because the laws went against the State Constitution.

    People over here on the west side do tend to freak out when they see open carry tho. It makes the news and the cops are often called by citizens.

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