Question concerning Section 5 of PA crimes code

[rflynn]

Originally Posted by J8300

I guess if you live that far off the main road you'd never see anyone jog past anyway?



If you stopped me to ask what I was I was doing I would tell you. Then I'd continue jogging.

It's the same as OC of a pistol. What criminal OC's a pistol? Havent we seen that debate before? What criminal would be jogging down the street with a slung shotgun? Same deal to me. I would be scared if someone was walking down the street with a shotgun at ready, but not jogging past with one slung.

(What criminal would be jogging down the street with a slung shotgun?)

One getting ready to do a home invasion! again JMO. Wee seem to have that going on around here.

[JayBell]

this whole debate on the OP story is all interpreted by SITUATION, and where you live.

If I saw a guy walking down the road with a shotgun, possibly in an attemped disguise, yeah, I MIGHT call the cops.
If in hunting gear, no worry to me, if in a hoodie, and moving furtively, yeah, i'm gonna think about what I just saw, and what it may mean to me, my neighbors, and the general public at large.

I personally dont OC, I dont see the advantage in it. I certainly dont care if you do, and I dont look askance at a guy with a holstered gun on the hip.

If I see a punk looking kid with big pants and such, with a gun tucked into his pants, I'd get a hinky vibe off that..if not anything else, its irresponsible and insecure carry.

I myself try to be circumspect in my actions, and try not to draw attention to myself, even knowing that where I live is gun country, and nobody is going to flip if they see me walking around armed, or whatever.
For my view, its better to be a wolf in sheeps clothing, than what can be taken as a threat.

theres a huge difference between what you feel, and what the law says, or worse, is USED for.

I know a case where a armed, uniformed, valid act 235 bearing security guard was charged with disorderly conduct for simply walking into a library, making copies and walking out.

he did nothing wrong, yet the cops charged him with DC, and tried REALLY hard to get him convicted.

huge waste of time, and NOT what the law was for.

so yes, you CAN be doing nothing wrong whatsoever, yet be charged with who knows what, simply because they think you shouldn't be doing whatever.


note the general terms of the DC code...
§ 5503. Disorderly conduct.
(a) Offense defined.--A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:


engages in fighting or threatening, or in violent or tumultuous behavior;
makes unreasonable noise;
uses obscene language, or makes an obscene gesture; or
creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.
(b) Grading.--An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a summary offense.

(c) Definition.--As used in this section the word "public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public.


the Bold portion is what they like to go for in gun related DC cases.
they ignore the INTENT in the first sentence, but that comes up in defense of course.

basically, all i'm saying is BE AWARE of HOW you exercise your rights..sure, you have a right to walk around armed, but THINK of the situation you can create knowing that most of the people around you everyday are total SHEEP, and dont take getting thier wool ruffled very well

exercising your rights is an act of power, and as Stan Lee summed it up
"With great power comes great responsibility" so be responsible in your actions, or you may be called to task for them by the sheepdogs.

also, as a note, try and remain civil, if you cant discuss something without resorting to ad hominem attacks, perhaps you should just keep your fingers off the keyboard.

[kevindsingleton]

While I don't think I'd be too concerned about someone jogging by the house with a shotgun slung across his back, I'm darn sure I'd be interested to know what's chasing him!

[pex]

My valid reason for jogging with a shotgun slung would be 'to raise the "public" threshold for "inconvenience, annoyance or alarm"'.