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Thread: Disturbing the peace?

  1. #1
    Regular Member derhammer's Avatar
    Join Date
    Apr 2012

    Disturbing the peace?

    So you're OCing your gun, and the police tell you you have to put it away because it's causing a disturbance of the peace. Can they do it? As I'm under 21 I couldn't conceal any firearm, so can they tell you you have to stop carrying just because people are little wusses, or what?

    Basically, if the cops tell me I can't carry and say it's because I'm disturbing the peace, do I have to stop carrying?


  2. #2
    Regular Member
    Join Date
    Aug 2007
    Granite State of Mind
    They can tell you that, yes. They have no legal authority to force you to do so, but they can tell you just like they can tell you to put it away just like they can tell you to go jump in the lake.

    What will happen if you don't? A number of things, ranging from an unpleasant chewing-out while they attempt to intimidate you into complying, right up to pulling guns, dog-piling you, and arresting you.

    Legal? No. Consequences? Almost none for the individual officers involved.

  3. #3
    Regular Member Fallschirmjäger's Avatar
    Join Date
    Sep 2007
    Georgia, USA

    Disorderly conduct - 18 Pa. Cons. Stat. § 5503
    § 5503. Disorderly conduct.
    (a) Offense defined.--A person is guilty of disorderly
    conduct if, with intent to cause public inconvenience, annoyance
    or alarm, or recklessly creating a risk thereof, he:
    (1) engages in fighting or threatening, or in violent or
    tumultuous behavior;
    (2) makes unreasonable noise;
    (3) uses obscene language, or makes an obscene gesture;
    (4) creates a hazardous or physically offensive
    condition by any act which serves no legitimate purpose of
    the actor.
    (b) Grading.--An offense under this section is a misdemeanor
    of the third degree if the intent of the actor is to cause
    substantial harm or serious inconvenience, or if he persists in
    disorderly conduct after reasonable warning or request to
    desist. Otherwise disorderly conduct is a summary offense.
    (c) Definition.--As used in this section the word "public"
    means affecting or likely to affect persons in a place to which
    the public or a substantial group has access; among the places
    included are highways, transport facilities, schools, prisons,
    apartment houses, places of business or amusement, any
    neighborhood, or any premises which are open to the public.
    Last edited by Fallschirmjäger; 06-28-2012 at 04:40 PM.

  4. #4
    Regular Member
    Join Date
    Nov 2006
    Somewhere in PA
    There is no "disturbing the peace" law in PA, however there is disorderly conduct.

    But, the legal, open carry of a firearm is NOT disorderly conduct.

    It is not a violent act, nor is it hazarous or physically offensive merely because someone who does not like firearms doesn't like the fact the person is carrying openly.

    Has it been done? Yes.

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