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Disturbing the peace?

derhammer

Regular Member
Joined
Apr 10, 2012
Messages
66
Location
Pennsylvania
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?

-derhammer
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
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.
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
See http://www.criminaldefenselawyer.co.../the-disturbing-peace-penal-code-pennsylvania


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;
or
(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:

Steve in PA

Regular Member
Joined
Nov 12, 2006
Messages
158
Location
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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