[gnbrotz]

This story was originally posted over at OCDO, but needs to be made public here as well.

Earlier this morning, around 3am I was a bit hungry so I went to my local McDonalds to get a quick burger. I was open carrying as normal. This is what ensued:

Friday morning at 3:10 I was approached by Officer Klazcyk at the McDonalds on Forbes avenue in Oakland. The officer proceeded to voice his opinion that my firearm, which was not in any way concealed, was illegal. He asked me if I had a concealed permit to which I answered that I did. When he asked for it I refused stating that my weapon was not concealed and therefore, being over 18 years old, with no criminal record or mental instability, was allowed to carry it openly without a permit. The officer refused my explanation and continued to state that this was not the wild west and that my weapon had to be concealed. He went on to state his opinion that my open carrying was causing a disturbance. When i calmly tried to explain the case law and statutes that exist in the commonwealth he said: "you want to be a punk and do this the hard way". I reminded him that I have been nothing but calm and polite but unless I was driving, carrying concealed, in the city of Philadelphia or acting in a criminally suspicious manner I was under no obligation to show him my permit. I offered to tell him my name but he refused to listen. The officer then stated the he could just call the "wagon" and book me and then asked if that was what I wanted.

I told him that I did not want to be falsely arrested but if that's what he wanted to do I couldn't stop him. I then asked if I was being detained and he said that I was. I asked on what charge was I being detained and he said for carrying the way I was. I stayed where I was and ate my burger. At this point I offered my ID (not my permit), since i was officially being detained but the officer had no interest in seeing it at that point stating it was "too late". He called for backup and by the time I had finished my burger an excess of a dozen Pitt and City police officers were in that McDonalds.

A tall African American Sgt approached me and requested my ID which I gave him. It was my hopes to speed the process along since it was closing in on 3:30 in the morning. He asked for my permit which I refused to give him because they had no legal standing in which to make that demand since my firearm wasn't concealed. It would be like demanding my permit if I wasn't carrying at all. At this point he threatened to contact the sherriff and ahve my permit revoked. I tried to explain that a permit while OC'ing is needed only when in a vehicle or a city of the first class which, in Pennsylvania is only Philadelphia. Seeing that I was in Pittsburgh, on foot, I did not need to produce my permit. The Sgt. mocked me for being a "knowitall" and dismissed what I had said. A Pitt Police officer and I conversed and stated that while it was legal it may not be the wisest choice to OC. I told him I appreciated the concern. I wish his city police comrades had the knowledge and professionalism that he possessed.

After that, all but 3 officers went outside (the three surrounding me so I wouldn't go anywhere) and I was still being detained, not allowed to even make a phone call. When I flipped my cell phone open to check the time a female city officer told me to hang it up. Almost 30 minutes later the Sgt. come back and produced a city ordinance book from 2005 that stated open carry is against city code. I began to inform him of state preemption in statute 6120 that:

a) General rule - No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of the commonwealth.

The Sgt simply walked away halfway through my explanation.

Officer Klazcyk returned and handed me a citation for violating a city ordinance. Then he ordered me to conceal my firearm. I told him he had no authority in which to tell me that and i I didn't have a permit on me I would be breaking the law. Part of me believes that he intended on making me conceal in order to force me to produce a permit. After my refusal he threatened to keep giving me citations and that he would see me in court.

To which I simply responded with a grin: "Looking forward to it"

So, I plan on suing the police department for unlawful detainment or false arrest. On my citation the box that says On-view arrest is checked.

Also i want to sue for the public embarassment of being detained and having over a dozen officers surround me like I was a criminal.

I also plan on suing the city of Pittsburgh for making a law that goes against state preemption.

Anyone have any suggestions about what I should do, or what other laws the officers or city have broken that I can sue them over?

Pa. Patriot has already been in touch with this gentleman, and he has been referred to Kim Stolfer as well. Several of the following posts have been moved from another thread, as they belong with the discussion of this incident.