Nees advice Attorney/Lawyer Philadelphia area

[Carson]

Honestly, Philly is already under a couple court orders for civil rights violations related to firearms. Given their long history of abuse I think it would be more then proper for a lawyer to ask and a judge to strip philly of any right to be involved in any case that involves firearm. Person carrying a gun interacts with Philly PD? Better call a State Trooper to supervise them.

Pennsylvania has a long and dark history of local police abuse, and it is the reason the Pennsylvania State Police were founded in the first place.

That’s not how it works. We probably make about 5 VUFA arrests citywide on any given day. You know, because of the many prohibited folks who have a propensity to shoot at each other

Also an ADA approves or disapproves all charges lodged by PPD personnel. So if there is an issue it will be addressed at that time. Nothing against the PSP, but overseeing the PPD making arrests is neither their function or responsibility.

Ironically you never hear about any issues with the majority of the arrests made on a daily basis by the PPD.

[gnbrotz]

Not sure what this means.

If:

get in front of the media and bash the PPD and the city for infringing on his rights, sue the city, officers, etc.

...is the type of path the jacked up guy wants to go down,

Then:
Phil Kline (you) may not be the best choice - "legal skills" aside.

We've never personally discussed your preferred strategies as an attorney, but I've never seen your name attached to that type of tactic in the media. If it was your go-to, or one of your specialties, I'd assume we'd all be well aware of it, even if you never mentioned it yourself, because media blitzes by their nature tend to usually be "not secret."

[gnbrotz]

I still am curious as to whether the firearm was returned or confiscated?

Based on your own experience within the beast, what would your assumption be? I'd expect that there's a clear trend one way or the other rather.

I'd also assume that my guess which outcome is more likely wouldn't suprise anyone, and it applies across the state, not just with PPD.

[GunLawyer001]

If:


...is the type of path the jacked up guy wants to go down,

Then:
Phil Kline (you) may not be the best choice - "legal skills" aside.

We've never personally discussed your preferred strategies as an attorney, but I've never seen your name attached to that type of tactic in the media. If it was your go-to, or one of your specialties, I'd assume we'd all be well aware of it, even if you never mentioned it yourself, because media blitzes by their nature tend to usually be "not secret."

Ah, now I get it.

No, I'm not the Gloria Allred or Jesse Jackson or Al Sharpton kind of advocate, and I doubt that it's possible to shame the Philly PD for not being conservative enough. The city that apologized for arresting foul-mouthed defiant trespassers because they shouldn't arrest trespassers unless they're white; the city that feels bad about not making Love Park comfy enough for transients and druggies; the city that just elected a new DA who is proud that he's going to go soft on black crime while cracking down on gun rights; they're not likely to respond favorably just to avoid looking like they're unkind to armed white guys.

And the Philly media aren't going to give you the kind of free propaganda help that you'd get if you were BLM or a casino that advertises with them every day.

[t1066]

Not sure what this means.

I know this was already answered, but I figured I poke my nose in anyway. (General response to the thread, even though I'm following up to Phil's question)

Given my experience with Phil, I would expect that someone coming to him would be asked for all the details that might be relevant to the situation, and asked what they would like to accomplish. Once he has that, Phil would advise them on their likely chances, what he would need to do, and how much time on the clock it would likely take. Also, depending on the situation, I might expect him to suggest an alternate course of action that would have a higher chance of success that the client should consider.

[Gunsnwater]

How expired was it? Pa law allows 6 months beyond as an exception:

Pa 18 C.S. 6106 (2) (b) (12) : A person who has a lawfully issued license to carry a firearm pursuant to section 6109 (relating to licenses) and that said license expired within six months prior to the date of arrest and that the individual is otherwise eligible for renewal of the license.

It was current. He just didn’t swap out the paper in his wallet. Anybody google the law that? I know you need to carry proof of insurance while driving, I would think it’s the same thing here but has it been made law?

[gnbrotz]

It was current. He just didn’t swap out the paper in his wallet. Anybody google the law that? I know you need to carry proof of insurance while driving, I would think it’s the same thing here but has it been made law?

.

§ 6122. Proof of license and exception.

(a) General rule.--When carrying a firearm concealed on or about one's person or in a vehicle, an individual licensed to carry a firearm shall, upon lawful demand of a law enforcement officer, produce the license for inspection. Failure to produce such license either at the time of arrest or at the preliminary hearing shall create a rebuttable presumption of nonlicensure.

(b) Exception.--An individual carrying a firearm on or about his person or in a vehicle and claiming an exception under section 6106(b) (relating to firearms not to be carried without a license) shall, upon lawful demand of a law enforcement officer, produce satisfactory evidence of qualification for exception.

(Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; Apr. 22, 1997, P.L.73, No.5, eff. 60 days)

[Delkal]

§ 6122. Proof of license and exception.

(a) General rule.--When carrying a firearm concealed on or about one's person or in a vehicle, an individual licensed to carry a firearm shall, upon lawful demand of a law enforcement officer, produce the license for inspection. Failure to produce such license either at the time of arrest or at the preliminary hearing shall create a rebuttable presumption of nonlicensure.

(b) Exception.--An individual carrying a firearm on or about his person or in a vehicle and claiming an exception under section 6106(b) (relating to firearms not to be carried without a license) shall, upon lawful demand of a law enforcement officer, produce satisfactory evidence of qualification for exception.

(Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; Apr. 22, 1997, P.L.73, No.5, eff. 60 days)

Yes or No? Did the OP carry a valid unexpired LTCF at the time he was stopped? Anything else is just a defense after you get arrested. It is lucky he was let go in 2 hours. He could have been telling it to a judge at a preliminary hearing.

[Walleye Hunter]

It was current. He just didn’t swap out the paper in his wallet. Anybody google the law that? I know you need to carry proof of insurance while driving, I would think it’s the same thing here but has it been made law?

I am not 100% on it but I believe that there is a grace period for one to produce evidence of insurance but when they do provide it it must show that they were covered at the time of the request.

[GeneCC]

In a nutshell: I am a suburban resident but grew up in City and now despise it. One of my employees(I'm a manager) was stopped by PPD on way home late at night because of headlight out. He was carrying his Glock in a Holster. Had just renewed his Philly LTCF but card he was carrying had expired date but he had in his possesion letter from PPD Gun permit unit he was renewed and card ready to pick up. That didn't matter , he was arrested, truck left on street, placed in hancuffs almost two hours moved to two Districts then detectives were he was eventually released. Philly PD did one of their "unarrests" He called me in case he had trouble coming into work. He did miss work.

This is the same "police force" which cites people for illegal parking. Your car magically left its parking spot, went to Philly, got a ticket and then came back. Happens from time to time out this way.

I would threaten a lawsuit. The City will probably settle for a modest amount. They're gambling that the average "gun nut" won't go to bat on this kind of thing.


I check my lights routinely. If I want to talk to Police on a social basis I can join a gym. I figure Police should go find real criminals, so I'll give them a hand by not standing out.