Pennsylvania Firearm Owners Association

View Poll Results: Do you think you have a right to retain your weapon?

Voters
91. You may not vote on this poll
  • Yes, they will not get my firearm and will defend myself if attacked while leaving

    69 75.82%
  • No, they can take my gun and walk me outside because I'm a good dog.

    4 4.40%
  • Yes, but I wouldn't resist my gun being taken.

    18 19.78%
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  1. #1
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    Question Right to resist being disarmed, do we have any?

    I was curious if you're outed in a business with a no firearms policy and part of that policy is that they sieze your weapon do you have a right to resist? I mean obviously you must vacate the premises immediately or risk defiant tresspassing charges, but do you have any legal right to retain your weapon and just leave?

    Example:
    Rent-a-cop: excuse me sir, we have reports that you are carrying a firearm. You're going to have to hand it over to us and we'll show you the door.
    Me: No you may not have my weapon, but you may still escort me from the property.
    Rent-a-cop initiates pissing contest I try to leave because I have no time for it, at this point THEY attempt to disarm me by physically assaulting me. Can I draw and defend myself, or am I just supposed to allow myself to be man handled because I'm leaving but not in a manner pursuant to their policies?
    Last edited by Yachera; September 5th, 2012 at 04:59 PM.
    No amount of law enforcement can solve a problem that goes back to the family~J.E.Hoover

  2. #2
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    Default Re: Right to resist being disarmed, do we have any?

    Excellent scenario.

  3. #3
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    Default Re: Right to resist being disarmed, do we have any?

    I would rather fight in the courts to get my firearm back instead of fight to defend a shooting or other "assault" on a rent-a-cop.

    But if you can get out of there then do it. Run away if need be.
    Practicing free speech outside of the designated free speech zones.

  4. #4
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    Default Re: Right to resist being disarmed, do we have any?

    Do not resist police.

    You may resist any other person placing their hands on you without justification, to a degree. Store security MAY detain and search you if they have a reasonable belief that you stole something, but not if you merely forgot a shirt or shoes (in violation of the signs) or if you are lawfully carrying a firearm (in violation of the signs).

    If they want to play "cop", they take their chances, they are not vested in the authority and power of the state. Of course, if 5 of them claim that you started a fight and they had to grab you to protect themselves and the other customers, then you may have troubles later. And if store security consists of off-duty cops who are moonlighting, then you're pretty much screwed.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
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  5. #5
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    Default Re: Right to resist being disarmed, do we have any?

    Quote Originally Posted by GunLawyer001 View Post
    Do not resist police.

    You may resist any other person placing their hands on you without justification, to a degree. Store security MAY detain and search you if they have a reasonable belief that you stole something, but not if you merely forgot a shirt or shoes (in violation of the signs) or if you are lawfully carrying a firearm (in violation of the signs).

    If they want to play "cop", they take their chances, they are not vested in the authority and power of the state. Of course, if 5 of them claim that you started a fight and they had to grab you to protect themselves and the other customers, then you may have troubles later. And if store security consists of off-duty cops who are moonlighting, then you're pretty much screwed.
    I would never resist a police officer unless my life was in danger. So a police officer that has a part time job still retains his/her legal authority and standing when employed by a private entity? If so, that's a load of bullocks!
    No amount of law enforcement can solve a problem that goes back to the family~J.E.Hoover

  6. #6
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    Default Re: Right to resist being disarmed, do we have any?

    Quote Originally Posted by Yachera View Post
    I was curious if you're outed in a business with a no firearms policy and part of that policy is that they sieze your weapon do you have a right to resist? I mean obviously you must vacate the premises immediately or risk defiant tresspassing charges, but do you have any legal right to retain your weapon and just leave?

    Example:
    Rent-a-cop: excuse me sir, we have reports that you are carrying a firearm. You're going to have to hand it over to us and we'll show you the door.
    Me: No you may not have my weapon, but you may still escort me from the property.
    Rient-a-cop initiates pissing contest I try to leave because I have no time for it, at this point they attempt to disarm me by physically assaulting me. Can I draw and defend myself, or am I just supposed to allow myself to be man handled because I'm leaving but not in a manner pursuant to their policies?
    If there is only one and he's a "Rent a Cop", there is no need to draw your weapon. The second he grabs you, lift up your leg and stomp down as hard as you can on the center of his foot, as his head goes towards the source of his pain, grab him in a headlock, swing him around and then throw him to the floor. Yell something like "Keep your hands off me", then turn around and calmly leave the premesis.. The second you were touched you were assaulted and have the right to defend yourself.

    A real cop is an entirely different matter.
    Last edited by Defender; September 5th, 2012 at 04:50 PM.
    Relationships between men and women can be difficult - but not impossible.

  7. #7
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    Default Re: Right to resist being disarmed, do we have any?

    Quote Originally Posted by GunLawyer001 View Post
    Store security MAY detain and search you if they have a reasonable belief that you stole something, but not if you merely forgot a shirt or shoes (in violation of the signs) or if you are lawfully carrying a firearm (in violation of the signs).
    My friend used to work in loss prevention for a big chain in NJ and he stated that he could not physically restrain or detain anyone. He can only verbally convince them to walk back into the store and wait for the police. Surprisingly, he had a high success rate. I'm not sure if this varies based on state or store policy.

  8. #8
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    Default Re: Right to resist being disarmed, do we have any?

    Quote Originally Posted by RXM View Post
    My friend used to work in loss prevention for a big chain in NJ and he stated that he could not physically restrain or detain anyone. He can only verbally convince them to walk back into the store and wait for the police. Surprisingly, he had a high success rate. I'm not sure if this varies based on state or store policy.
    In PA, loss prevention CAN put their hands on you and even handcuff if that particular store policy allows it.
    Practicing free speech outside of the designated free speech zones.

  9. #9
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    Default Re: Right to resist being disarmed, do we have any?

    Quote Originally Posted by Yachera View Post
    I would never resist a police officer unless my life was in danger. So a police officer that has a part time job still retains his/her legal authority and standing when employed by a private entity? If so, that's a load of bullocks!
    How about that cop that pistol whipped the 19yr old kid. If that were you, would you resist?
    I'm going to answer that one myself after i think about it for awhile.

  10. #10
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    Default Re: Right to resist being disarmed, do we have any?

    Quote Originally Posted by Shisno View Post
    In PA, loss prevention CAN put their hands on you and even handcuff if that particular store policy allows it.
    Lol, that would be funny.....not really.
    No amount of law enforcement can solve a problem that goes back to the family~J.E.Hoover

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