Why? Cops had no lawful reason to stop him?
And that doesn’t even get into questions of if the SOE is legal.
Good to see you btw.
Printable View
I would argue that the PA Supreme Court says otherwise in Commonwealth v. Hicks. The mere presence of a firearm, absent any other reason, is not a valid reason for a stop. I am well aware of the LTCF requirement during any declared SOE. To me, the Court is clear on this, whether it is a concealed carrier (LTCF required) or an open carrier during SOE (LTCF required) there is no difference. Just my two cents.
Huh? You still need reasonable, articulable suspicion that a crime is happening, is about to happen, or has happened. Correct or not? If you have reason to believe that the person does not have an LTCF (for example, you talked to him a few weeks ago and he told you he only open carries because he doesn't have an LTCF), then sure.
But barring that, how can you simply stop anybody who is opening carrying during a SOE?
Driver's licenses are required by anybody operating a motor vehicle (at any time, let along a SOE), can you stop anybody driving a car to check for driver's licenses?
Lets talk about the end of the video. Note that the OC'r was carrying handcuffs. LEO's insinuated that he could be charged with impersonating a Police Officer. That is where the Erie PD used some discretion. Given how the OC'r was dressed, he could have been perceived as LEO. However, he was not reported as exhibiting LE behaivor. My question is should a CC or OC'r carry handcuffs? It makes sense. But is it a good idea??