More Bad Caselaw For Philly OC'ers......

[Deleted]

Comm v. Scarborough was published 04/07/2014 by the Superior Court. This was a stop and frisk case that originated with a violation of a Philly ordinance that prohibits operating a bicycle while using a cell phone.... The defendant ultimately is arrested for possessing a concealed firearm without a license.

The troubling rationale of the courts....

Section 6108 rationally addresses gun violence in Philadelphia.
Throughout the Commonwealth of Pennsylvania, a license is necessary only
if carrying a concealed firearm; openly carried firearms do not require a
license. However, in Philadelphia a firearm carried openly requires a license.
See Commonwealth v. Hawkins, 547 Pa. 652, 657 n.4, 692 A.2d 1068,
1071 n.4 (1997). Clearly the purpose of the Legislature in enacting this
prohibition is twofold. First, as the most populated city in the
Commonwealth with a correspondingly high crime rate, the possession of a
weapon on a city street, particularly the brandishing of a weapon, can invoke
a fearful reaction on behalf of the citizenry and the possibility of a dangerous
response by law enforcement officers.

Second, a coordinate purpose is to
aid in the efforts of law enforcement in the protection of the public; in
Philadelphia, the police are empowered to arrest an individual for overtly
carrying a firearm without first determining if it is licensed or operable. See
Commonwealth v. Taggert, 997 A.2d 1189, 1196-1197 (Pa.Super. 2010)
(viewing a gun allows for probable cause to arrest in Philadelphia), appeal
denied, 610 Pa. 578, 17 A.3d 1254 (2011). We find that Section 6108
serves a legitimate state interest.


We likewise find that Section 6106 rationally serves a legitimate
purpose in regulating the possession of concealed weapons. The licensing
process excludes criminals and the mentally ill. Therefore, the statute
ensures that those who cannot obtain a license will face additional
punishment if they are discovered with firearms concealed on their persons.
Further, we find that the interplay of Sections 6106 and 6108,
whereby a person who carries a concealed weapon in Philadelphia will always
face enhanced sentencing exposure on a third degree felony, also addresses
a legitimate state interest in curbing gun violence in Philadelphia. We find
that the Legislature could legitimately amend Section 6106 to include
carrying a concealed weapon in a city of the first class as a disqualifier for
grading as a first degree misdemeanor. The interplay of Sections 6106 and
6108 simply accomplishes the same.

Concealment without a license creates liability under Section 6106, while possession in Philadelphia without a license creates liability under Section 6108. Where there is both concealment and possession in Philadelphia without a license, we find that the Legislature can constitutionally impose a harsher penalty because the danger is magnified by the coalescence of two separate circumstances. We find that a legitimate state interest in curbing the culture of gun violence in Philadelphia is thereby served and due process and equal protection are not offended.

[Emptymag]

If I even halfway understand that (and legal text makes my eyes bleed) all I can say is - wow.

[GunLawyer001]

http://www.pacourts.us/assets/opinio...9152117719.pdf


http://ujsportal.pacourts.us/DocketS...=1759+EDA+2012

At some point, the legal community will figure out that the wrong judges sit on the Superior Court. And the pro-gun, pro-civil rights side will stop taking them cases.

[stainless]

/snip/Second, a coordinate purpose is to
aid in the efforts of law enforcement in the protection of the public; in
Philadelphia, the police are empowered to arrest an individual for overtly
carrying a firearm without first determining if it is licensed or operable. See
Commonwealth v. Taggert, 997 A.2d 1189, 1196-1197 (Pa.Super. 2010)
(viewing a gun allows for probable cause to arrest in Philadelphia), appeal
denied, 610 Pa. 578, 17 A.3d 1254 (2011). We find that Section 6108
serves a legitimate state interest. /snip/

Many times I have brought up on this forum that Philly has their own set of rules...

Many seem to blow off my remarks stating the if one has a CC permit all is well. To that I still say bullshit.

[knight0334]

And yet folks keep harping about the PICS/NICS thing or preemption?

A great deal of the preemption violations around the state stem from Philly's special guidelines in state law. ...the "if they can do it, we can do it" mentality.

I've been bitching about 6108 being more unconstitutional than any other of our state laws from day 1. And I don't ever plan on going to Philly.. That passage in law is a absolute smack in the face of the US and State Constitutions. Not just about the RTKBA issue, but a US 14th Amendment issue. You can also tack on a 4th Amendment issue as well.

Why should those in one part of the state have less rights than another part of the state? What part of "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws" do folks not understand?

That law needs to fucking go! NOW!

[Curmudgeon]

Meanwhile, Tennessee gets Constitutional open carry and we can't even get HB2011 passed without a fight tooth and nail.

I'm starting to seriously question whether I want to retire in PA the way things are here. This latest is a huge foot in the door of expanding Philly's idea of gun control. I agree with you Knight, but how would we ever roll it back when it seems to take an act of God to accomplish the smallest things.

Just venting.

[Bang]

Now all we need is an Alyson Schwartz in H'burg.

[GunLawyer001]

And yet folks keep harping about the PICS/NICS thing or preemption?

A great deal of the preemption violations around the state stem from Philly's special guidelines in state law. ...the "if they can do it, we can do it" mentality.

I've been bitching about 6108 being more unconstitutional than any other of our state laws from day 1. And I don't ever plan on going to Philly.. That passage in law is a absolute smack in the face of the US and State Constitutions. Not just about the RTKBA issue, but a US 14th Amendment issue. You can also tack on a 4th Amendment issue as well.

Why should those in one part of the state have less rights than another part of the state? What part of "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws" do folks not understand?

That law needs to fucking go! NOW!

I agree in theory, that exercising one Constitutional right (bearing arms) doesn't forfeit another Constitutional right (the right to be free of unreasonable searches.)

In practice, Philadelphia is Sodom on the Delaware, "a wretched hive of scum and villainy". Whenever I go into town, I could swear I hear this:
http://www.youtube.com/watch?v=kCGPt3XFxJk

The city has about 10% of the Commonwealth's population, but half of all the crime. Their courts are broken, the cops are in on the game, the residents don't want to be the snitches who get stitches.

To an objective observer, acknowledging the rights of Philadelphians to roam about with guns on their hips has all the appeal of extending the LTCF issuance process to 4 year old kids. The theory hits reality like your car hitting a 50-gallon pothole on the Surekill (see how I tied 2 threads together?)

[TaePo]

Three have touched upon it.

It gets back to my conceptual argument that a gun is such a dangerous article (see reference to Hawkins dicta regarding histrionics); that one automatically waives other rights...such as fourth or even first amendment rights. God forbid someone possessing a firearm speaks up with a counter point. That gun gives more weight since it COULD be seen as a threat even though no threat was made or even implied.

God help us all.

Maybe we need a movie where the founders are raised from the dead and decimate the current system and return it to its proper path?

[BenFoo]

I guess they need to amend the PA Constitution then....


Right to Bear Arms
Section 21.

The right of the citizens to bear arms in defense of themselves and the State shall not be questioned, [unless you're in Philadelphia then you're SOL]