Whitehall Borough PD Sergeant makes Veiled Threats over OC...

[lildobe]

So yeah... the cover letter pretty much says it all. Only my second "negative" encounter. Why is it that the smaller PD's are the ones that cause more problems?

Anyway, I'm sending them a training memo, and this is the cover letter. (Thanks Greg and Rich for helping edit it!)

11-04-2008

Chief Donald Dolfi
Whitehall Borough Police
100 Borough Park Dr
Pittsburgh, PA 15236

Chief Dolfi,

On Thursday, October 30th at approximately 16:45, I had a disturbing interaction with one of your patrol sergeants. I had witnessed a motor vehicle accident in the 4400 block of Rt-51 and during the process of providing my contact information and statement to the reporting officer, your sergeant (who's name I neglected to obtain) observed that I was carrying a firearm openly in a holster on my hip, as I do every day.

As you are probably aware, and as the attached training memo explains, open carry of a firearm by persons not prohibited from owning said firearm is legal in the Commonwealth of Pennsylvania.

Your sergeant made reference to the firearm and stated that "your permit says concealed, which means you must keep it concealed" or words to that effect. When I politely disagreed with him, stating that the word "concealed" appears nowhere on a Pa. LTCF (License to Carry Firearms), and that controlling case law affirms the legality of open carry, he responded in a very threatening tone that I "don't want to push this" and to "pull my shirt over the gun."

At that point we parted ways; but even after thinking about this over the weekend I am still disturbed by the implied threat that was made.

Please bring this training memo to the attention of the sergeant involved, as well as the rest of your command and patrol officers so as to avoid the possibility of complaints, civil or even criminal legal action against your department should one of your officers illegally detain a citizen for open carry of a firearm.

If an officer were to illegally detain a citizen or, under threat of arrest, order them to cover their weapon they could not only face citizen complaints against them, they could also face charges under 18 PaCS §5301 (relating to official oppression) or under 42 USC §1983 (relating to deprivation of rights).

I appreciate your attention to this matter, and look forward to hearing from you regarding it. If you have any questions, or would like to meet for a discussion regarding the growing open carry movement in Pennsylvania, I would be happy to at your convenience.

Respectfully


Andrew Koch
Enclosures: 1 (Pa Open Carry Training Memo, 4 pages)

[1861]

sounds good to me . keep us posted on what develops

[FFEMT128]

Good cover letter. Gets to the point and leaves future discussions open.

[ByAnyMeans]

Great letter and hopefully brings a good reply from the chief.

[d90king]

Well done and nicely written.

[Shawn.L]

very professional, well done

[jahwarrior72]

be glad you weren't in possession of a rodent; they'd have thrown your ass in jail.

[96D]

Great letter! Please keep us posted!!!!!

[Johannes_Paulsen]

Good letter. Respectful, but to the point. Please let us know how they respond.

[SteveXD]

Very nice letter!