Had a discusson with a police officer today - open carry came up.

[Skuggi]

ah ok I get where your coming from now Tony. It was my thought that state parks and post offices were grey areas though?

[Steve in PA]

Well, first disorderly conduct is a cite and release, unless the action continues and then it climbs to a misdemeanor.

Next, the police cannot cite you for DC, just because a person is "scared". Open carry is a perfectly legal act in PA as proven by such cases as Comm v Hawkins. Open carry is a legal act....therefore DC (a)(4) does not apply.

Maybe, just maybe they will try and cite you for DC, don't start a big to-do about it, because you'll just end up getting hit with something else. Accept the citation and fight it in court. If they are trying to cite you for DC on the basis of open carry, you or your lawyer should present all the information enclosed in the letter floating around here. A LEo hell bent on citing you for something that is not illegal is looking at an offical oppression lawsuit.

If for whatever reason you are arrested (disarmed, placed in cuffs and taken to the station) they are goign to have a tough time trying to find a charge to hit you with. Eventually, you should be released. There is nothing to hold you for over night

[TonyF]

ah ok I get where your coming from now Tony. It was my thought that state parks and post offices were grey areas though?

I believe they are.

However, charging in and waving your scimitar is not the best way to get those policies changed IMHO.

[GunLawyer001]

Well, first disorderly conduct is a cite and release, unless the action continues and then it climbs to a misdemeanor.

Next, the police cannot cite you for DC, just because a person is "scared". Open carry is a perfectly legal act in PA as proven by such cases as Comm v Hawkins. Open carry is a legal act....therefore DC (a)(4) does not apply.

Maybe, just maybe they will try and cite you for DC, don't start a big to-do about it, because you'll just end up getting hit with something else. Accept the citation and fight it in court. If they are trying to cite you for DC on the basis of open carry, you or your lawyer should present all the information enclosed in the letter floating around here. A LEo hell bent on citing you for something that is not illegal is looking at an offical oppression lawsuit.

If for whatever reason you are arrested (disarmed, placed in cuffs and taken to the station) they are goign to have a tough time trying to find a charge to hit you with. Eventually, you should be released. There is nothing to hold you for over night

The cops can allege that you "intended" to cause a disruption, charge you with an M3, and let the finder of fact sort it out at trial. Read 5503(b).

It's possible to carry openly AND do it in such a way as to cause consternation; for example, dressing like Bin Laden and glaring at people, or suddenly grabbing at your holstered gun and then laughing maniacally. If the affidavit alleges that you "made furtive movements" (a favorite phrase), or that you "acted in such a manner as to incite panic" or other vague allegations, you're going to trial, or at least you'll get to see a prelim from the inside.

They can allege whatever they want, it costs the government none of their own money to try. The defendant gets to spend a few thousand just to get clear in the early stages, a lot more if it continues.

[Skuggi]

Hmm interesting thought, how much money can you stand to make off of a case like that? Can you sue them??? Like after your proven for having done nothing wrong.

I wouldn't look to make money on a case like this, this would go under my "If you represent me we can counter sue or something along that line and you can take 80% to the lawyer.

[gbrown221]

Could someone on this site please email me a copy of this training memo mentioned in the posts that says open carry is legal in PA

Regards,

Greg

grbrown@fastmail.net

[RocketFoot]

There is a lot of info in this printable flyer:

http://paopencarry.org/PennsylvaniaGunRights.pdf

[cz_40p]

Well...........after you are arrested, and taken to the station. They will get around to actually reading the statutes and realize they screwed up , two things may happen

1. They will release you with your gun and say " We are sorry, guess you were right"

2. Call a Asst. DA for help. He will then have you "302"d and have you permit revoked. They will make sure you are portrayed in the press as a NUT. You will never be able to own a gun again.


Which do you think is more likely?

[Chazman321]

Nobody, except a mental health designee, can 302 a person. No police officer or lawyer in the state can 302 you. All they can do is take you to a hospital and say "He was doing this" to the county designee, who must talk to you, and they call the shot from there... I have seen many people walk past the cops who were trying to 302 that person, just smile and wave... If you are not a danger to yourself and others, which includes having a motive or a plan, the cops can't do diddly... lol

[Chazman321]

And may the Lord help the officers and the Sheriff who tries to 302 me or revoke my permit for NOT breaking the law... Unlike some, I know EXACTLY how much my county has in the bank that is just surplus, I'll let them buy me a few really nice things... lol