Pennsylvania Firearm Owners Association
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  1. #1
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    Default Open carry in philly ID requirements

    Delete
    Last edited by jsriley; June 20th, 2014 at 04:56 PM.

  2. #2
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    Default Re: Open carry in philly ID requirements

    In a city of the First class a LTCF is needed to OC.
    FOAC Member, NRA Member

  3. #3
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    Default Re: Open carry in philly ID requirements

    That is something you should researched before doing! When it comes to the law, ignorance isnt an excuse.
    Gotta stay awake, gotta try and shake off this creeping malaise

  4. #4
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    Default Re: Open carry in philly ID requirements

    Yes, in Philly you are required to show your License to Carry a Firearm if you are asked to do so by an officer.

    Rob

    Quote Originally Posted by jsriley View Post
    I know you need a permit to oc in philly and I have a pa permit. I was wondering if you are required to show your permit if the only reason they are asking is because you are carrying.

    I searched many places including the legal search sites that i have access to as a law student. I even wen to the investigation division in philly at spring garden and could not get an answer.

    Normally if you are approached by the police and asked for ID you are not required to provide it unless you are suspected of committed a crime. Since carrying a firearm in itself is not a crime I was wondering if you can refuse to provide ID in philly if the only reason for them stopping you is the fact that you are oc.

  5. #5
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    Default Re: Open carry in philly ID requirements

    Normally, not Philly, openly carrying a firearm is not illegal, so for an officer to request identification or license would require reasonable suspicion that a crime was afoot.

    In Philly, however, the carrying of a firearm, open or concealed, is illegal, with an LTCF being a legal exception to the prohibition. Thus the officer can request such.

    We don't like the way that is, and work is being done to change it, but that's what we have to live with right now.

  6. #6
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    Default Re: Open carry in philly ID requirements

    Quote Originally Posted by jsriley View Post
    Normally if you are approached by the police and asked for ID you are not required to provide it unless you are suspected of committed a crime.
    They can require me to provide ID all they want if I am suspected of committing a crime. I won't, because I don't carry ID.

  7. #7
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    Default Re: Open carry in philly ID requirements

    Quote Originally Posted by Statkowski View Post
    In Philly, however, the carrying of a firearm, open or concealed, is illegal, with an LTCF being a legal exception to the prohibition. Thus the officer can request such.
    Quote Originally Posted by ungawa View Post
    They can require me to provide ID all they want if I am suspected of committing a crime. I won't, because I don't carry ID.
    But just like stat said, carrying a firearm in Philthy is illegal and the LTCF is the exception, so if you are approached by an officer while OCing and he requests your LTCF, you are required to provide it as you are actually committing a crime until you show that you have an LTCF. Anywhere else in the state that is not the case. Just happens to be so in the highest crime area in the state. How's that gun control thing working out for you Philthy?

  8. #8
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    Default Re: Open carry in philly ID requirements

    OK, it's illegal to carry in Philthy without a license. It's also illegal to drive anywhere in the State without a license, so does that mean a cop can pull over anyone they want to and check them for a drivers license since it's illegal to be on the road without one? Why not? What's the difference?

  9. #9
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    Default Re: Open carry in philly ID requirements

    Quote Originally Posted by jerkin View Post
    OK, it's illegal to carry in Philthy without a license. It's also illegal to drive anywhere in the State without a license, so does that mean a cop can pull over anyone they want to and check them for a drivers license since it's illegal to be on the road without one? Why not? What's the difference?
    Do you want to know the real difference or should we continue to try to justify it on a legal basis?
    The real difference is that it's EASIER and SAFER for the police to stop someone who is OC and they know that if they do cross that 4th amendment line they can always fall back on "for the safety of the community" or "for officer safety" and the courts, their department and the community will likely back them so not only is it physically EASIER but it's legally and physically SAFER for them to make contact with an OCer who is walking down the street than to randomly pull over cars.

  10. #10
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    Default Re: Open carry in philly ID requirements

    OP, be happy (s)he/they asked first. Assuming the position, being disarmed, and watching Barney Fife try to clear an unfamiliar weapon in public *BEFORE* being asked for your LTCF is something you would likely have found less pleasant...

    http://forum.pafoa.org/open-carry-14...ng-needed.html

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