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| Edd Skitz legally open carrying his handgun in Philadelphia, PA |
Tuesday, May 21, 2013
Open Carrying a Gun in Philadelphia
At the End the Fed (Federal Reserve System) Rally of Saturday, May 18, 2013 Edd Skitz, a local liberty activist, open carried a handgun in Philadelphia, Pennsylvania.
Edd was stopped by a police officer who checked his papers then let him go. Here is a short video of the detention:
This just goes to show that open carry with a license is legal in Philadelphia. No one should be fooled by cops that lie about the law to harass gun owners. Local law requires a license to carry a firearm for any kind of carrying. Unlike the rest of the state where open carry is legal without one.
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What was not shown makes me ask this question. Why was he asked for id? It is my understanding that in Hawkin v Commonwealth 1996 the police need reasonable suspicion a crime has been committed before they can stop you and ask for id.
ReplyDeleteA cop can walk up to anyone and ask for ID, or just about anything. Its a mere encounter. You dont have to give it to them.
DeleteI think because Philly is a city of the first class, and a license to carry is required for open or concealed carry.
ReplyDeleteIt is not a local Law. State Law requires a License to Carry Firearms In Philly.
ReplyDeleteNo local government can pass Gun Law in Penna.
I wish it were that simple
DeleteThe plain truth of the matter is that police officers are not lawyers or legal experts. Police are a deterrent and a reporting agency. Those of us with specific knowledge have a duty to inform others. when stopped by an officer honestly seeking to carry out his/her duties, be cooperative AND informative.
ReplyDeleteThe problem with that is that most of the time, trying to inform the police that you aren't breaking the law is met with "I'm a cop, I know what I'm talking about."
DeleteI have been flat-out told by PA state cops that they knew I wasn't breaking any laws by carrying a gun, but if I was seen doing it again, I would be arrested or shot on sight.
Yes, that's right, state cops threatened to murder me for partaking in a perfectly legal practice.
Whether the detentions are the law I doubt it. Regardless, the cops go by directive 137 which tells them to stop open carriers. See http://forum.opencarry.org/forums/showthread.php?90647-Directive-137&s=fe4e7d8b09834602a9e7d6798878a185&p=1534927&viewfull=1#post1534927
ReplyDeleteUnder PA state law, a license to carry firearms (LTCF) is required for any form of carry in a city of the first class (i.e. Philadelphia). However, the all-too-often-used argument by police that they just want to be sure an open carrier is legal by checking LTCF has no merit. It is the equivalent of stopping a driver who is doing nothing wrong and demanding to verify driver license or someone who appears to be a foreigner and demanding to see immigration papers without cause. Without suspicion that a crime is being committed, even a felon (unknown that is) just walking down the street packing should not be stopped "just to check" (even though he would be in possession illegally). No unreasonable searches or seizures! That's the Constitution at work, baby, and it must be defended to prevent tyranny!
ReplyDeleteWhen it comes to what cops can & can't do to you walking down the street this article explains it nicely:
ReplyDeleteJust Making It Up As They Go Along
"Courts may offer the consolation that we have the right to be left alone, but that right apparently ends upon a police officer's decision to not leave us alone. Don't try to reconcile the concept. It only exists on paper, and has no bearing on the real world."