Violated in Wilkes-Barre for open-carry!

[Pa. Patriot]

Originally Posted by HiredGoon

If it's not privileged info, I'd like clarification on the above 2 points, please.

1. Did mystery_man present an out of state permit?
2. Did the PD issue a receipt for the firearm?

1) Yes
2) No

[Pa. Patriot]

This is the WBPD reply/release as read by Sue Henry on the air today:

"According to Wilkes-Barre police. On Saturday 6/7 @ approximately 9:30PM officers responded to a complaint about a man standing on the corner of E. Northampton and Sherman streets with a gun in his hand. Officers responded and the male was located on Sherman and South St.s with a holstered weapon in plain view. Proper ownership of the weapon could not be established at that time, so the weapon was taken back to Wilkes-Barre police headquarters. The weapon will be returned to the legal owner once proper ownership has been established. The man was neither charged nor detained by the Wilkes-Barre police dept."

[MikeB0]

Originally Posted by Pa. Patriot

Proper ownership of the weapon could not be established at that time, so the weapon was taken back to Wilkes-Barre police headquarters. The weapon will be returned to the legal owner once proper ownership has been established.

There is this proper ownership crap again. No one should ever have to prove proper ownership of anything in their possession without some reasonable suspicion or accusation that the ownership isn't proper.

[andrewjs18]

Glad you joined and sorry to hear about your incident. I wonder what the good ol' days were like when my Grandparents were living up in that area Hazelton and Freeland(that's where they were both born/raised).

Best of luck to you!

All these incidents are making me nervous about OC and I haven't even strapped mine to my hip yet.

[LastManOut]

I'm not getting this "proof of ownership" thing from DC or WB. Unless one is required to carry a copy of their receipt of purchase, or if all guns in the Commonwealth are required to be registered to the owner, then how can one be expected to prove they own anything other than a motor vehicle or real estate.

Possession is 9/10 of the law

[Pa. Patriot]

Originally Posted by MikeB0

There is this proper ownership crap again. No one should ever have to prove proper ownership of anything in their possession without some reasonable suspicion or accusation that the ownership isn't proper.

Correct. The DA should be filing charges against these officers for theft.

[Damage control]

Originally Posted by Pa. Patriot

This is the WBPD reply/release as read by Sue Henry on the air today:

"According to Wilkes-Barre police. On Saturday 6/7 @ approximately 9:30PM officers responded to a complaint about a man standing on the corner of E. Northampton and Sherman streets with a gun in his hand. Officers responded and the male was located on Sherman and South St.s with a holstered weapon in plain view. Proper ownership of the weapon could not be established at that time, so the weapon was taken back to Wilkes-Barre police headquarters. The weapon will be returned to the legal owner once proper ownership has been established. The man was neither charged nor detained by the Wilkes-Barre police dept."

Well they admitted to violating his 4th and 14th amendments. What Asshats.


DC

[Exbiker]

Could some of the legal mind please explain how you prove ownership. The police I suppose could run the number and see if it`s stolen but some of my stuff is 30 years old. I have no proof. Then again I can`t prove ownership of my shoes, my pants are they going to take my shoes and pants?

Isn`t the burden of proof on them?

[Pa. Patriot]

Originally Posted by Exbiker

Isn`t the burden of proof on them?

Yes. They can NOT seize a firearm (or your cell phone) without PC that it is STOLEN or used/incident to a CRIME.

Running the serial number through the PSP database of some sales doesn't establish a damned thing.

They also had no authority to run it in the first place even if the database did establish ownership.

[wewo]

Originally Posted by Exbiker

Could some of the legal mind please explain how you prove ownership. The police I suppose could run the number and see if it`s stolen but some of my stuff is 30 years old. I have no proof. Then again I can`t prove ownership of my shoes, my pants are they going to take my shoes and pants?

Isn`t the burden of proof on them?

Interesting question on many levels. First proof of ownership is not required especially where the people who confiscated it know that it does not belong to them. Second, arguably a sworn statement in a Court of Law would which goes unrebutted would be sufficient, however, the OP would have to commence the lawsuit. Third, more specifically, in the case of a purchase from a Firearms store, they would maintain a record of your ownership, remember the papers you filled out at the store?