Open Carry and The City of Philadelphia - UPDATE Post #149

[kcr121]

What was this stuff about needing the actual license on your person vs. a copy?

I think he's referring to this post by GunLawyer001:

The statute actually says that you have to show them the license upon lawful demand,not a copy of the license:

§ 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.

I would also be careful about making exact copies of government-issued licenses, certificates, cash or stamps of any sort, there are some broad counterfeiting statutes out there. If you vary the size or go to B&W, that's sometimes a defense.

Notably, the statute says "When carrying a firearm concealed on or about one's person...an individual licensed to carry a firearm shall, upon lawful demand of a law enforcement officer, produce the license for inspection." It doesn't say anything about a requirement to produce the license when carrying a firearm openly.

[mrjam2jab]

Philly cops Do not get the same... fixed it for ya!

Seriously, Its pretty well covered in the last training manual I saw posted here. If this Sergeant can clean things up and get Philly turned around.... can we nominate her for Mayor or something?

And a copy of that training is all that it should take to fix "The policy"...lawyers and such should not have to come into play...

[MischaBurns]

WOO! go Mark!

[normanvin]

Philly cops Do not get the same... fixed it for ya!

Seriously, Its pretty well covered in the last training manual I saw posted here. If this Sergeant can clean things up and get Philly turned around.... can we nominate her for Mayor or something?

And a copy of that training is all that it should take to fix "The policy"...lawyers and such should not have to come into play...

That is is what I thought.

I am guessing they need to confer with the lawyers to see if they really need to follow the law.

[ungawa]

Interesting.

Do Philly cops not get the same training as the rest of the state?

You have to pay VERY close attention to the 2009 MPOETC regarding Philly. It's easy to come away with the conclusion that OC in Philly is not permitted based on some of the statements in there.

[anonymouse]

Is anyone else bothered that she says that not carrying the original license (but producing a copy) is grounds for confiscating your firearm?

[ThomasJ]

Fantastic. Now what punishment will these officers face for having deliberately violated your rights?

[tsor39]

Whooot! A+ to you Mark. Keep after them.

[photoshooter]

Fantastic. Now what punishment will these officers face for having deliberately violated your rights?

"but the officers on South Street were only complying with department policy, and it looks like they didn't know the state law supersedes all"


Good news Mark.
When this whole mess is over I think you should buy us a beer

[ThomasJ]

"but the officers on South Street were only complying with department policy, and it looks like they didn't know the state law supersedes all"


Good news Mark.
When this whole mess is over I think you should buy us a beer

Surely, surely, you are not trying to suggest that ignorance of the law by a law enforcement officer is an excuse for a government agent infringing one's rights, or that this little whitewash from a fellow government agent is supposed to make one believe that it wasn't deliberate? I've got some real estate here in Florida I'll sell you if you do.