Is There Any Limit To Law Enforcement A**holes ?
” A Keystone resident is stripped of his carry permit and firearm, detained and issued a city citation for possession of cutting weapons on a highway.
“The officer did not have the legal right to confiscate my firearm. He also had no grounds to revoke my license to carry firearms,” said Edward Yealey, a professional audio engineer and production manager.
Yealey said Oct. 8 at or around 11:30 a.m., he was standing outside a diner owned by a friend on Philadelphia’s East York Street, when he was approached by a city police officer concerning the .45 caliber Glock 30 he was open carrying.
“Instantly I turned the camera on, I had my arms crossed, so the phone is up in a good location. I don’t think he noticed it at first,” he said.”
Read the whole article to get a grasp of how convoluted the gun laws are from one place to another .
” While Pennsylvania has a specific law that requires a License To Carry Firearms for the concealed carry of a firearm, and the carry of firearms in vehicles, the law is silent on the legality of openly carrying a firearm in other situations, making it de-facto legal.
There is however a law that requires a License To Carry Firearms to carry either way in “cities of the first class”, which as defined by law is only the city of 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(b) of this title (relating to firearms not to be carried without a license).
To summarize, open carry is legal in Pennsylvania without a License To Carry Firearms except in “cities of the first class” (Philadelphia) and vehicles where a License To Carry Firearms is required to do so.
With that said, we would like to point out that there is much debate among firearm owners about whether openly carrying firearms is really a good idea. While we will leave that choice to the individual we will state that in many urban areas (namely Philadelphia) doing so will draw unwanted attention from law enforcement that may include (but not be limited to) the following repercussions:
- Being stopped and questioned by law enforcement.
- Having your License To Carry Firearms seized and sent back for revocation.
- Being arrested either improperly or for other charges like disturbing the peace or creating a public nuisance.
While this may not happen should you choose to carry openly, many urban law enforcement officers we have talked to have expressed a very negative opinion towards the idea. Some have suggested that law enforcement will do everything in their power to make your life difficult should you choose to.”
This post would seem to indicate that the officer that harassed Mr Yealey was in fact wrong about openly carrying in Philadelphia : Packing Heat? You Can Show it in Philadelphia . Here is an excerpt …
” A police officer spots a citizen on a crowded city street with a handgun proudly strapped to his hip. The officer draws his own gun, and asks the gentleman to kindly get on the ground (using slightly stronger language.) The man insists that he has the right to carry his gun openly. Who’s right?
- Open carry legal in Philadelphia with concealed carry permit
- Man suing city for civil rights violations after being detained for openly carrying
- Laws vary by state; know before you strap on
Get on the Ground
Gun rights activist Mark Fiorino is suing the City of Philadelphia after an incident last year in which he was detained for 40 minutes by police for walking around in public with a pistol holstered on his hip, for all the world to see. The altercation, which was captured on audio tape, features an agitated police officer telling Fiorino he can’t open carry in the city, and Fiorino lecturing the officer that he can, too. Backup soon arrives and Fiorino is made to lay down on the ground, but eventually the police concede that he is right, and send him on his way.
It wasn’t over, though — Fiorino posted his audio to Youtube, and police were annoyed enough to arrest him after the fact for disorderly conduct and recklessly endangering another person. Fiorino spent 16 hours in jail before posting bail and eventually being cleared. Last week, he filed a lawsuit in conjunction with the ACLU for civil rights violations.”
The audio recording of Fiorino’s confrontation (contains profanity)
These “public servants” need a course in the law and in how to deal with the people that pay their salaries . The arrogance is astounding and goes a long way towards explaining the general lack of respect for authority in this country today .
—
