LEO's and Open Carry

[gnbrotz]

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.

And afterwards, would you make any effort to confirm the details for future reference, or is that "not your job", since it wasn't already covered in your training? (not trying to be a smart ass, just wasn't sure how to say it more clearly)

[sgt7546]

Originally Posted by Pa. Patriot

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

No on scene I would cite, if I was aware of the ordinance, and have no reason to believe that it is an illegal ordinance, I would not call anyone.

[fingers80002]

Originally Posted by Pa. Patriot

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

That would be good info to have........
If they are not available,who is going to make the call.....?

[sgt7546]

Originally Posted by gnbrotz

And afterwards, would you make any effort to confirm the details for future reference, or is that "not your job", since it wasn't already covered in your training? (not trying to be a smart ass, just wasn't sure how to say it more clearly)

Honestly I doubt I would, Not on the OC issue in an of itself, because I got an answer from it at an incident about a year on the job. But as far as the ordinance goes, if the local government passed it, and i DID NOT know it was illegal, than yes I'd enforce it.

[fingers80002]

Originally Posted by sgt7546

No on scene I would cite, if I was aware of the ordinance, and have no reason to believe that it is an illegal ordinance, I would not call anyone.

Even if a check of a statute # at hand,what would 1 call hurt.
I would feel better if a LEO made a call and found out the statute was wrong, rather than going to court about it.

[sgt7546]

Originally Posted by fingers80002

That would be good info to have........
If they are not available,who is going to make the call.....?

Allegheny County (Pittsburgh) definitely HAS on call D/A's

[Mtbkski]

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.

Now I went a long time ago. But there was nothing about private citizens carrying a firearm ever covered. Nothing.

I've said it before. I was an LEO for 4 years and never knew that OC was legal. Why should that be any different now.

We need to address the problem at the root. I know PaPatriot sent his flier to them. But maybe they need some other kind of nudging to get them to try and teach the laws.

[Pa. Patriot]

Originally Posted by sgt7546

No on scene I would cite, if I was aware of the ordinance, and have no reason to believe that it is an illegal ordinance, I would not call anyone.

The person in this incident cited the state law, by number, that makes the local ord illegal.
Would you not consider that "reason to believe"?

[sgt7546]

Originally Posted by fingers80002

Even if a check of a statute # at hand,what would 1 call hurt.
I would feel better if a LEO made a call and found out the statute was wrong, rather than going to court about it.

I doubt any of the City guys had a crimes code at the scene.

[Mtbkski]

Heck, most the lawyers around here don't know the Gun Laws as they are on the book. I called a couple and asked if they knew if OC was legal and was told no. Duhhhh.