LEO encounter at Home Depot in Allentown

[Hokkmike]

Whew! Kudos to you for the way you handle it. It is a shame the way people such as yourself (and me, others, etc.) are villanized for exercising their rights. I fear it is only going to get worse. Thanks for being one of our guys on point!

[Pa. Patriot]

UPDATE:


New document is available in the civil proceedings.

Brief filed in support of motion for summary judgment:
http://paopencarry.org/allentown/bri...ort_of_msj.pdf

.

[kadar]

I wonder how offended the court would be if people showed up in white pants?

[ihunt49]

Originally Posted by kadar

I wonder how offended the court would be if people showed up in white pants?

Now that's funny!

[GunLawyer001]

That's a well-written brief.

I would also argue that any "gun exception" to the 4th Amendment requirements would necessarily also strip all 4th Amendment rights from any person trained in the martial arts, any muscular man, and any person possessing the theoretical ability to hurt others.

Carrying a gun in a peaceable manner is distinguishable from wearing white after labor day, or being openly gay; but it's not much different from driving a 2-ton vehicle or chopping down a tree with an ax. Having the present physical ability to inflict harm on others is not enough for a cop to conduct a search and seizure, there has to be more, there must be some present behavior indicating an intent to commit the misdeed that the ax or gun or car or muscles would enable.

The anti-gun paranoiacs are like that spinster who is sure that every man would rape her, given the opportunity. Except that cops don't take her seriously when she dials 911 because a man walked past her house and he "might" assault her; but if that man had a holstered gun, and he "might" misuse it, they'd be all over it, and they'd be locking down the schools and dispatching multiple units to form a perimeter.

[YBNORMAL]

Originally Posted by GunLawyer001

That's a well-written brief.

Carrying a gun in a peaceable manner is distinguishable from wearing white after labor day, or being openly gay; but it's not much different from driving a 2-ton vehicle or chopping down a tree with an ax. Having the present physical ability to inflict harm on others is not enough for a cop to conduct a search and seizure, there has to be more, there must be some present behavior indicating an intent to commit the misdeed that the ax or gun or car or muscles would enable.

.

I agree that the white pants after labor day is a bit of a stretch, I mean whille it does hold similarities, its so far "out there" that its meaning may be cast away by people who would otherwise see the light.

It was very well written and I dont presume to say I could do any better in a million years though.

[Mocha Java]

He brought up Hiibel which stands for the proposition that your name can be demanded under penalty of law where such a state law exists.
Do we have such a law here? If not, he should have taken the opportunity to distinguish that issue as well.

[anonymouse]

Originally Posted by Mocha Java

He brought up Hiibel which stands for the proposition that your name can be demanded under penalty of law where such a state law exists.
Do we have such a law here? If not, he should have taken the opportunity to distinguish that issue as well.

There is no such law in Pennsylvania. As it should be.

[ehidle]

Originally Posted by GunLawyer001

That's a well-written brief.

Those exact same words started flying around in my head about the time I got to page 3. Wow, I know who I am calling if I am ever illegally detained by the police.

[HBGMarine]

I just read through this thread for the first time. Best of luck to the OP with the legal proceedings and thanks for taking a stand!