LEO's and Open Carry

[Pa. Patriot]

Originally Posted by sgt7546

Just a thought from the Pittsburgh incident, the Officer involved in that incident issued a citation based on a law that is on the books. Do you find fault with that action, or just his attitude and general handling of the situation.

I'd say that's hard to say without having been there.
But based on the incident report, the OC'er did point them in the direction of the preemption statute, by number, and apparently they were not interested in hearing about it.
I would have been much less bothered if they listened and then perhaps had a supervisor call the DA's office for clarification.

[gnbrotz]

Personally, just the handling of the situation. For anyone who is a LEO, how would you respond (on scene) if it became apparent to you that a particular local law actually was clearly in violation of state law?

[sgt7546]

Originally Posted by fingers80002

I am not sure that the officer was TOTALLY at fault, I think that there is a lack of training ,and that the Local Government is at fault for not repealing the ordinance after Pre-emption was passed. His attitude could use a little adjustment.

Yeah thats kinda my take on it as well. I know I never learned a thing about OC in the academy, nor in any of the mandatory yearly legal updates.

[Pa. Patriot]

Originally Posted by sgt7546

Yeah thats kinda my take on it as well. I know I never learned a thing about OC in the academy, nor in any of the mandatory yearly legal updates.

This is a major part of the "issue" in PA.

[sgt7546]

Originally Posted by gnbrotz

Personally, just the handling of the situation. For anyone who is a LEO, how would you respond (on scene) if it became apparent to you that a particular local law actually was clearly in violation of state law?

If I were on scene and did not previously know that the ordinance was in violation of state law, I would of cited him also.

[fingers80002]

Originally Posted by sgt7546

Yeah thats kinda my take on it as well. I know I never learned a thing about OC in the academy, nor in any of the mandatory yearly legal updates.

That is One of the things we are pushing for.

[sgt7546]

Originally Posted by Pa. Patriot

This is a major part of the "issue" in PA.

I agree totally, I can't bash a guy that wasn't properly trained.

[Pa. Patriot]

SGT: What about, as in my earlier reply, upon being informed of statute by #.... calling the DA's office for clarification first?

[fingers80002]

Originally Posted by sgt7546

If I were on scene and did not previously know that the ordinance was in violation of state law, I would of cited him also.

Do LEO's have access to DA's after "normal working hours" for inquiries about such issues?

[Pa. Patriot]

Originally Posted by fingers80002

Do LEO's have access to DA's after "normal working hours" for inquiries about such issues?

There is typically a ADA "on-call" for the county.... I do not know if every county does this though...