questions on philly carry

[Black Rock Trucks]

Hey guys, have a question in regards to CC in Philly. I have read many posts on this situation but have not found the answer im looking for. If i have missed a post that will answer my question please point me in that direction.

So this past Saturday night A few friends and i went to Philly to go to south street (not my choice) so i have my LTCC so i straped my XDm.40 on and we went. Had no problems and had fun.

So the next day i was at school with some college buddies and i told them how i carried while i was down there. Well, that brought up so questions. My one buddy was trying to tell me that you had to have a "Philly license" to carry. Well, thanks to this great website i set that straight when i showed him a post on here that clearly stated that was not true.

But, then another story was brought up and i didn't have an answer or what i would do in this situation. Which now brings upon my senaro/question:

My one friend said that a friend of his dad's was carrying in Philly one day and some one seen the gun and called the police. The police came and confronted the man and asked what he was doing. The man presented his License to carry and they said they were going to make his gun and if he refused they were going to charge him with "refusing ---------" (don't remember) so the man give up his gun and it took him two months and a call from a lawyer to get it back.

So my question is if you are confronted in Philly or anywhere by a police officer and are asked to hand over your firearm do you do so???

Thanks Kyle

[lildobe]

Originally Posted by Black Rock Trucks

So my question is if you are confronted in Philly or anywhere by a police officer and are asked to hand over your firearm do you do so???

I'll let the more legal-minded among us give you details, but in short...

NO!

Basically, if no crime has been committed, the police cannot confiscate your gun. Period, end of story.

A gun is just like any other personal possession and is protected from unreasonable seizure by the 4th amendment of the constitution. If the story is true as you told it, then the police officers didn't even have enough RAS to stop the guy and check his LTCF (Comm. v. Hawkins - anonymous tip of a man carrying a gun is not RAS for a stop) and if he WERE licensed to carry, then no law was broken and the police have no grounds for confiscation.

[mythaeus]

Your LTCF is a PA license. Last time I checked, Philly is very much a part of PA. Whenever someone tells you something about a supposed law, ask them to cite the law. If they can't, they are full of shit or just grossly misinformed. Your first source is the UFA (along with the bright minds here of course). In short, your friend is either FoS or grossly misinformed, your PA LTCF is valid in Philadelphia.

As to the confiscation of your firearms, it's easy to say "No" when you're not there, but reality may be different. It doesn't have much to do with Philly, but with uninformed cops in general. If the gun is exposed intensionally, as in to threaten someone (or someone claimed that you threatened him), when the cops show up and ask for it and you don't give it up, I'm not so sure if they are going to just say "OK" and walk away. If the exposure is accidental, your LTCF covers your "open carry"-ness legality, so as lildobe saids, your 4th Amendment right prevails in addition to the fact that you broke no laws, but may have to be fought in the court of law if the cops really want to be dicks about it. Most of the time, your demeanor will dictate the outcome. Know your rights, be firm, but don't be an ass when dealing with cops.

Al

[Black Rock Trucks]

thank you very much guys. They were the answers i was looking for. thanks kyle

[Mocha Java]

If you are ordered to do just about anything (including "give up your gun") by the police you are going to have to comply or risk arrest. I wouldn't pay much attention to anyone who who claims otherwise.
You straighten these things out later just like the person in your friend's story did.

I'll let the more legal-minded among us give you details, but in short...

NO!

Basically, if no crime has been committed, the police cannot confiscate your gun. Period, end of story.

[BimmerJon]

Originally Posted by Mocha Java

If you are ordered to do just about anything (including "give up your gun") by the police you are going to have to comply or risk arrest. I wouldn't pay much attention to anyone who who claims otherwise.

Sure.. it usually escalates to a point where you do, but remember to clearly and repeatedly verbally state that you do NOT consent to any of it. Ask if they are forcing you. Take Notes

[lildobe]

Originally Posted by Mocha Java

If you are ordered to do just about anything (including "give up your gun") by the police you are going to have to comply or risk arrest. I wouldn't pay much attention to anyone who who claims otherwise.

Perhaps I should have said they cannot legally confiscate your property...

That being said, if I haven't committed a crime, I'm certainly not letting them take my firearm. They can arrest me if they like. Just one more thing to add to the civil rights lawsuit.

[fingers80002]

Turn on the recorder and protest every UNLAWFUL request!

Don't resist, but make sure everything is recorded.

Review the post, don't talk to the police!!!!!!

ETA: That needs to be a sticky........

[Black Rock Trucks]

ok i will reveiw that post then. thanks Kyle

[Pennywise]

I do NOT consent to your removal of my firearm!

After that if they decide to take it, That's up to them .
And then they need to explain to a judge why the took it in the first place.
Now, If you give it up just because they asked then it's on you.