Pennsylvania Firearm Owners Association
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  1. #1
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    Default Carrying, the State of Emergency, and the Supreme Court

    Obviously, we all know that this happened:

    "We find no justification for the notion that a police officer may infer criminal activity merely from an individual’s possession of a concealed firearm in public,” the state high court said. “Absent some other circumstances giving rise to a suspicion of criminality, a seizure upon that basis alone is unreasonable.”

    Some people are barred from gun ownership, and a license is required for a concealed firearm, the court said. But “there is no way to ascertain an individual’s licensing status, or status as a prohibited person, merely by his outward appearance.”"

    TL;DR: cops can't stop you just for seeing that you are carrying a weapon.

    But, we've been stuck in an SoE for what feels like forever, prohibiting firearm carry for all unlicensed or exempted individuals.

    Does the SoE in any way provide law enforcement with an end-run around the Supreme Court's ruling, enabling them to stop and detain (or more) individuals who are visibly carrying firearms?
    Last edited by ViperGTS19801; April 4th, 2020 at 06:48 AM.
    Junior

  2. #2
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    Default Re: Carrying, the State of Emergency, and the Supreme Court

    Quote Originally Posted by ViperGTS19801 View Post
    Obviously, we all know that this happened:

    "We find no justification for the notion that a police officer may infer criminal activity merely from an individual’s possession of a concealed firearm in public,” the state high court said. “Absent some other circumstances giving rise to a suspicion of criminality, a seizure upon that basis alone is unreasonable.”

    Some people are barred from gun ownership, and a license is required for a concealed firearm, the court said. But “there is no way to ascertain an individual’s licensing status, or status as a prohibited person, merely by his outward appearance.”"

    We've been stuck in an SoE for what feels like forever, prohibiting firearm carry for all unlicensed or exempted individuals.

    Does the SoE in any way provide law enforcement with an end-run around the Supreme Court's ruling?
    I would not want to be the officer trying to defend against such a clear statement.
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

  3. #3
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    Default Re: Carrying, the State of Emergency, and the Supreme Court

    Arrest anyone you see possessing a firearm, and let the judge sort it out... in 12-18 months of course.
    That's how it'll play.
    Member: NJ "undocumented" Felons Club. NRA Life Member

  4. #4
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    Default Re: Carrying, the State of Emergency, and the Supreme Court

    Quote Originally Posted by PAMedic=F|A= View Post
    I would not want to be the officer trying to defend against such a clear statement.
    Why? How does it affect the officer?
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  5. #5
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    Default Re: Carrying, the State of Emergency, and the Supreme Court

    Quote Originally Posted by streaker69 View Post
    Why? How does it affect the officer?
    In a just world, where judges sit an impartial observers, the officer would be held in contempt.
    Unlikely, I know.
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

  6. #6
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    Default Re: Carrying, the State of Emergency, and the Supreme Court

    Quote Originally Posted by PAMedic=F|A= View Post
    I would not want to be the officer trying to defend against such a clear statement.
    There's no remedy for that situation. It's called qualified immunity or cover up. The SOE that's been in effect by Wolf and his cronies is nothing more than a feeble attempt at Martial Law without declaring Martial Law.
    ​Masks are being used to promote fear in order to demonstrate control.

  7. #7
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    Default Re: Carrying, the State of Emergency, and the Supreme Court

    Quote Originally Posted by JenniferG View Post
    There's no remedy for that situation. It's called qualified immunity or cover up. The SOE that's been in effect by Wolf and his cronies is nothing more than a feeble attempt at Martial Law without declaring Martial Law.
    Nono. They have qualified immunity when thee hurt the public.

    This would be ignoring a judge.
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

  8. #8
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    Default Re: Carrying, the State of Emergency, and the Supreme Court

    Quote Originally Posted by ViperGTS19801 View Post
    We've been stuck in an SoE for what feels like forever, prohibiting firearm carry for all unlicensed or exempted individuals.

    Does the SoE in any way provide law enforcement with an end-run around the Supreme Court's ruling?
    Not sure where you got this, since you didn't post a link.

    If the state Supreme Court actually stated this, then the Court rewrote 6107. Prohibited conduct during emergency. (a) (2),

    which states;

    Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).

    in which police officers are in the clear.
    Quote Originally Posted by Aggies Coach View Post
    Cause white people are awesome. Happy now......LOL.

  9. #9
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    Default Re: Carrying, the State of Emergency, and the Supreme Court

    Quote Originally Posted by Gun View Post
    Not sure where you got this, since you didn't post a link.

    If the state Supreme Court actually stated this, then the Court rewrote 6107. Prohibited conduct during emergency. (a) (2),

    which states;

    Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).

    in which police officers are in the clear.
    Not sure what information you're trying to convey.
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

  10. #10
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    Default Re: Carrying, the State of Emergency, and the Supreme Court

    Quote Originally Posted by PAMedic=F|A= View Post
    Not sure what information you're trying to convey.
    I am confused myself now. Was the OP questioning whether police officers without a LTCF, can carry a firearm during this SOE. Or is he asking whether the police can stop someone seen carrying a firearm during the SOE ?

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