Pennsylvania Firearm Owners Association
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  1. #41
    Join Date
    Apr 2011
    Location
    Burgettstown, Pennsylvania
    (Washington County)
    Age
    72
    Posts
    1,008
    Rep Power
    13086165

    Default Re: You guys want to laugh... check this out

    I watched the whole video and did not see anything even remotely funny in it. If the pre-video story happened the way it was stated then the police officer overstepped his bounds. The carrier has way out of line also.

  2. #42
    Join Date
    Jun 2008
    Location
    State College, Pennsylvania
    (Montgomery County)
    Posts
    280
    Rep Power
    0

    Default Re: You guys want to laugh... check this out

    Quote Originally Posted by Gun View Post
    Dude better understand the distinction between 1st A rights and disorderly conduct.

    http://www.legis.state.pa.us/WU01/LI...5.003.000..HTM
    The Supreme Courts and the PA appellate courts have largely held that the First Amendment gives you the right to use obscene or otherwise generally understood offensive language. You can, constitutionally curse out a cop or just about any government official (do so at your own peril).

    This guy though is probably hitting the line because he is going on a multi-minute tirade. Some courts have allowed disorderly conduct charges to pass constitutional muster if it is part of a sustained practice. In practice - they only have to put up with so much. To the credit of that cop, who if true should not have tried to grab the gun from behind, he is showing incredible restraint. Many cops (albeit probably illegal) would be more then happy to deploy the taser a few times, club you some, and then give you one of those famous Philly Nickel Rides.

    As for revocation proceedings, basing one on solely speech would most likely be unconstitutional. If there were other facts and circumstances it might be different. But I suspect if Philly tries to revoke on him then a lot of First Amendment lawyers are going to offer their services.

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