I finally had a bad OC experience.

[Bang]

Never heard of malicious prosecution being applied to an arresting officer. Maybe it should be as often as appropriate.

[normanvin]

Never heard of malicious prosecution being applied to an arresting officer. Maybe it should be as often as appropriate.

Aren't they protected against prosecution some way?

[1st8th83]

Someone at Geno's, either a worker, or patron called the Police because you "had a gun".

Probably more like someone from pat’s steaks called

[Bang]

Dunno....pro-gun Geno is deceased, isn't he?

[soberbyker]

Dunno....pro-gun Geno is deceased, isn't he?

Yup, since 2011, and I'll never forget it, because when the forum had changed the software last time any infractions you received are listed front and center every time you open your "settings" page, my last (of 5) infraction was in a thread about his death.

.

.

[GunLawyer001]

Yup, since 2011, and I'll never forget it, because when the forum had changed the software last time any infractions you received are listed front and center every time you open your "settings" page, my last (of 5) infraction was in a thread about his death.

.

.

Tell me about it. My deceased friend Jay comes up every time I come to the site, because he once gave me an infraction and they just sit there forever.

[bogey1]

Had to look it up. Here is the video SB posted. Great video BTW. Its a shame he is gone.

[PAMedic=F|A=]

That doesn't matter. The PASC just recently ruled that carrying a gun (open OR concealed), on it's own, is NOT enough to justify a stop/license request.

I really should dig out all my old posts and be like....told you so.

Just like driving.

[Gunsnwater]

I have been diligently keeping up with this thread for all eight pages and I still haven’t come to the conclusion has anybody answered the actual question at hand can they request to see your permit if you’re open carrying based upon them seeing it or do they have to make a lawful demand them meaning police.

Can? Anybody can do anything. Legal? In Philadelphia I think so. Anywhere else? I think not. Why? Because Philadelphia is a 1st class city and gets a carve out to make it’s own rules. You need a license to open carry in Philadelphia, so if you are, they can ask. Everywhere else in Pennsylvania you can open carry without a license as long as you don’t conceal. A guy was convicted of concealing because he turned away the gun side from police. Any vehicle or conveyance is considered concealed. So you best be walking. No declaration of emergency can be in effect.

IanL so take it with a grain of salt.

[BenGlock]

But note that the Court in Hicks also did away with the dichotomy of whether being licensed is an element of the offense or for the defendant to prove as a defense. Courts had, in the past, used that dichotomy to hold that mere carrying of a firearm in Philadelphia, openly or concealed, constitutes not only reasonable suspicious, but also probable cause. The Court didn't have to even get into that issue unless, in my opinion, it is poised to apply the decision to 6108 also.

Good question; I think your issue is more about this:

§ 6108. Carrying firearms on public streets or public property in Philadelphia.

No person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless:

(1) such person is licensed to carry a firearm; . . .

The way it's worded, it also applies to open carry, and also makes the license an exception (the word "unless"). If they worded it "it's illegal to carry in Philly without a license" then they'd have to prove the lack of a license; but they instead said nobody can carry, unless you have a license, moving the burden to the citizen.

Hicks was in Allentown, I believe, so § 6108 wasn't relevant. You could maybe argue that the principle of Hicks extends to weaken § 6108, but that would be an extension of the law, not a direct application of Hicks.

I'm not a fan of police encounters with armed citizens, because there seems to be a Pavlovian kill-response to "GUN!GUN!GUN!", with some cops feeling entitled to empty their guns into citizens merely for being armed (or holding a wallet or cellphone). I'm REALLY not happy about cops seizing guns, racking slide, manipulating unfamiliar controls with the gun aimed at your head, emptying the magazines into baggies . . .we have rights, we shouldn't be treated as though we're evading justice on some technicality.

At the same time, I've seen enough videos of bland-faced citizens suddenly pulling guns and doing their best to murder cops for no apparent reason.

I think the best solution is NOT to treat every citizen as a likely murderer. Instead, we should stop coddling bad guys, we should identify the stone-cold killers and remove them from society earlier. I don't think anyone kills a cop as his first offense (even Lee Harvey Oswald shot the president before he shot the cop), they mostly were caught and released multiple times before. Catch & release is indulging the bad guys at the expense of the rest of us. Imagine a world where violent criminals get imprisoned once and permanently, and police deal with the rest of the people. Fewer cop killings, less reason for cops to fear any free man, fewer cops emptying their guns into suspects.