My Brother-in-law being misinformed by Pittsburgh police

[t1m0thy]

My brother-in-law keeps telling me that there is an ordinance against openly carrying in Pittsburgh. I told him that it is not illegal and I have heard of no such ordinance. He has mentioned it several times and I keep telling him that it is perfectly legal to OC in Pittsburgh. Yesterday at a family get together he told me he confirmed that was an ordinance. I asked him if he saw a copy of the ordinance and how he found out. He told me he talked to a cop and that the cop told him it would be brandishing a weapon. Well, since I know there are no brandishing laws in PA and that OC is most certainly NOT brandishing a weapon I immediately called BS on the officer and told my BIL that the cop outright lied to him.

He is a gun owner and hangs around with other gun owners in Pittsburgh and this is apparently something that has been propagated by disingenuous law enforcement and gun owners ignorant of the actual law.

[Azzy]

There is no brandishing in PA, and any local ordinance would fall under premption.

You should get him a copy of this, and that police fellow as well.

http://paopencarry.org/PennsylvaniaGunRights.pdf

[thefirstndsecond]

Happens all the time everywhere. People trust some Leos like they are God. There should be some trust but understand we are all people some with agendas or are misinformed. You know what to do... show them a copy of the law. Also remember it isn't what is right it is what you can prove.

[gnbrotz]

Forget the flyer. You need a copy of 6120 (the preemption statute) and the MPOETC training memo used to train all municipal officers in the state that open carry IS legal.

[bdevil73]

I could be wrong but I think there still is an old ordinance on the books that bans OC even though it violates preemption. I think there was a thread by Lildobe somewhere that dealt with the ordinance. I'll have to try to find it.

[t1m0thy]

I could be wrong but I think there still is an old ordinance on the books that bans OC even though it violates preemption. I think there was a thread by Lildobe somewhere that dealt with the ordinance. I'll have to try to find it.

Well, that is interesting. If so I have a new project.

[gnbrotz]

I could be wrong but I think there still is an old ordinance on the books that bans OC even though it violates preemption. I think there was a thread by Lildobe somewhere that dealt with the ordinance. I'll have to try to find it.

I thought that ordinance only covered the airport, which led to David Ross's challenge of his being cited (arrested?) for carry there.

Perhaps there are actually two ordinances currently in place?

[bdevil73]

I'm still looking for the thread. I thought it came up in a post lildobe made about him or someone he knew or had heard of being hassled at a restaurant in Pittsburgh.

[gnbrotz]

I'm still looking for the thread. I thought it came up in a post lildobe made about him or someone he knew or had heard of being hassled at a restaurant in Pittsburgh.

That's ringing a bell. I think it might have been a McDonald's, and happened on two occasions fairly close together - or the trip one night was uneventful, and he was hassled at the same location just a short time later.

[tl_3237]

Here's the current Pittsburgh ordinance. Note that it allows OC if you have an LTCF but it also violates pre-emption because it prohibits OC for unlicensed individuals.

§ 607.06 CARRYING OF OPERABLE FIREARMS PROHIBITED.
No person shall carry in any vehicle or concealed or unconcealed on or about his person except when on his or her land or in his or her own abode or fixed place of business any firearm; provided that this section shall not apply to:

(a) Those persons specifically exempted under 18 P.S. Sec. 6106(b)(1-10); or


(b) Any person issued a valid license to the Pennsylvania Uniform Firearms Act when carrying the type of weapon for which such license was issued.

(Ord. 11-1980, eff. 7-25-80; Am. Ord. 30-1993, eff. 12-9-93)