Open Carrier Arrested in Philly(?)

http://www.youtube.com/watch?v=yPStIKIQDtg

Just ran across this in my internet travels. Guy seems to be minding his own business outside place of employment, ends up ticking off cop and winds up in handcuffs. Cop seems to feel only cops should openly carry firearms.

This was posted yesterday. Law suit in the offing?

jhfc said:

http://www.youtube.com/watch?v=yPStIKIQDtg

Just ran across this in my internet travels. Guy seems to be minding his own business outside place of employment, ends up ticking off cop and winds up in handcuffs. Cop seems to feel only cops should openly carry firearms.

This was posted yesterday. Law suit in the offing?

Click to expand...

Wow...the training must not have stuck. Funny the officer says he's arresting the guy because he's being a d--k. IDK where that is in PA statute.

The other officer says that they made another arrest for failure to have an Act 235 card (to act as security guard)...a charge which was later dismissed...but that they have to do the same thing to this guy (even though he was not acting as security and there was no reason to suspect same).

Directive 137 + Fiorino Case + 6108 + Permit seem to be required to have on hand if you plan to OC in Philly...when so many officers on scene at once ALL demonstrate their lack of knowledge/understanding, it's the training that is the problem. The training is (or should be) put together by attorneys, which is pretty scary.

It's time to sue for declaratory and injunctive relief to stop the practice of 1. assuming an individual acting lawfully is acting unlawfully and 2. willfully training officers improperly.

There is no firearms exception to the 4A.

Why did he talk to the officer?

This guy could have handled it better.

He consented to the encounter by attempting to answer the questions...it just went downhill from there.

He called the stop a Terry stop...which only entitles a patdown for weapons while investigating a crime. No obligation to speak/cooperate with the officer.

He could have explained the law more clearly. PA is permitless OC outside Philly/Philly requires a LTCF for ANY carry. No requirement to conceal. Simple, then ****. Cop got it wrong at 9:45

The problem here for this guy is that someone inside said he was a security guard (according to the cop)...if he was an el-cheapo "security guard" that the owner of the bar/restaurant(i'm assuming) wanted to have around on the guy's personal LTCF instead of an actual Act 235 guard...he could be in violation and the arrest might be valid.

All of it goes away if you **** and exercise your 5A.

One day I hope we will see a video where the OCer states:

"Officer, I've provided you with my identification and my valid PA LTCF, I will not answer any further questions."

Yes, time and again it seems the best course is to say as little as possible.

Here, it looks like the cops were itching to find an excuse to charge him with something.

There were no more details on what happened next. Don't know if he was actually arrested and charged with some offense.

You will probably find this thread interesting, it looks like he is hooking up with legal counsel...

http://www.pa2a.org/thread-oc-er-arrested-in-philly

Just one more example of LE trying to enforce their OPINIONS as law.

Hope this guy takes them to the woodshed in court!

ETA - They knew this guy was no threat, they were trying to teach him to do as they say & "F" the law!

looks like he got charged for the knife.

the officer's charging documents misstate what took place on the video...should get tossed pretty easily once the DA hears/sees the video. i doubt a DA would want to go all the way and put this officer on the stand.

the bigger issue is if Fiorino's attorney takes this apparent lack of training and moves to hold the department in contempt for failure to train per the settlement. the settlement is a contract and apparently the department has not complied with the retraining requirement. if it turns out that they said they'd train, but can't show any proof that it actually happened, a judge may ORDER the training to take place. that's when you'll start to see changes.

PA is two-party but only so long as there is a reasonable expectation of privacy...so he's good with the video recording...unless the state argues that it was a private conversation. still, there were other cops there, the cop went to talk to other people inside the establishment...this is pretty far from a "private conversation."

FreeInAZ said:

Just one more example of LE trying to enforce their OPINIONS as law.

Click to expand...

http://www.humanevents.com/2013/10/13/philly-cop-hassles-arrests-open-carrier-with-permit

Human Events - the favorite conservative paper of Reagan, has the story today.

Initially the stop was for open carry, but when that did not work, Sergeant Kevin Bernard decided to charge Edward with “Carrying a bladed instrument on the Highway”

Click to expand...

I thought he was on private property? You cannot carry a Knife on private property in PA/Philly? Serious question.....

-Thor

"Ay, auhl I'm tryinna do is do my jahb! And mah jahb is to cahl people 'dicks' and arrest them for it! Ay!"

What a moron.