Page 1 of 3 123 LastLast
Results 1 to 25 of 62

Thread: Have to goto Court in PA because Someone at Wendy's Saw my Firearm

  1. #1
    Newbie
    Join Date
    Sep 2015
    Location
    Glenolden, PA
    Posts
    1

    Have to goto Court in PA because Someone at Wendy's Saw my Firearm

    Does anyone know how to help me here? I went to a Wendy's for lunch with a friend, I was backing up to park in a handicapped spot and this kid pulled up on my rear and just laid on his horn. I was pointing to the parking spot but he would not stop his honking. I got out of my car went back had a few words with him and evidently my seatbelt lifted my shirt exposing my firearm. I have a Concealed Carry Permit and I never leave my home with out it and my .40Cal. This kid said "well you don't have to pull a gun on me" I said I never touched my firearm and I have a permit to carry. He called the Police and about 10 cars showed up. One Officer said "did you pull your weapon?" I told him No I never even touched it. He said "You know there are cameras all around here" I replied great check them, I never touched my firearm. I had to repeat my story to at least 5 different Officers. My story was the same each time. They had this kid, well I think he was a collage student on the other side of Wendy's and he swore that I pulled my firearm. I was given back my Firearm and given a $460.00 ticket for pulling a firearm and causing "inconvenience". I have not gotten my court date yet but aren't you also allowed to open carry in Pennsylvania, I know Philadelphia does not like it, and even threaten you, but I've heard the this type of thing was frowned upon and no longer happens as long as you are a legal permit carrying citizen. I'm hoping that they have cameras that prove I never touched my weapon. But there is a chance that it was showing because of a lifted shirt. Is there an open carry option in PA. I have heard there is but a lot of Police don't like it, and if I broke some kind of law why did they give me my firearm back. The only inconvenience was caused by this idiot not just going around me then having 10 Police vehicles pull into the lot thinking I pulled a weapon on this jerk.
    Thank you in advance for any and all replies or suggestions.

  2. #2
    Regular Member solus's Avatar
    Join Date
    Aug 2013
    Location
    here nc
    Posts
    6,872
    INAL.
    find a criminal attorney cuz the advice you will get here is worthless for all intents!

    best of luck.

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  3. #3
    Accomplished Advocate color of law's Avatar
    Join Date
    Oct 2007
    Location
    Cincinnati, Ohio, USA
    Posts
    3,731
    Get a criminal attorney immediately. And don't discuss this issue on this forum again, if you're smart.
    Last edited by color of law; 09-13-2015 at 03:18 PM.

  4. #4
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    This needs to be moved to the Pennsylvania forum so that it can be better seen by those familiar with PA laws, which will be the only ones that matter.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  5. #5
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,613
    Moved this to the PA sub-forum.

    The OP did a number of things for which he could be criticized, but wont beat him up over them.

    Direct advice - consult a good gun rights attorney soonest and post nothing to this forum that has not been approved by that individual.

    At the OP's request this, this thread could be deleted.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  6. #6
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    Quote Originally Posted by CJones58 View Post
    ...I got out of my car went back had a few words with him and evidently my seatbelt lifted my shirt exposing my firearm...
    The details missing here are all that matters. As mentioned, you are probably better served by not filling them in here. More than likely, they can only hurt you. You've announced that you carry everyday, yet you couldn't tell your firearm was exposed while you escalated a situation, regardless of who started it. A judge may not buy that.
    Last edited by MAC702; 09-13-2015 at 06:14 PM.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  7. #7
    Regular Member WalkingWolf's Avatar
    Join Date
    Jul 2011
    Location
    North Carolina
    Posts
    12,276
    Get a attorney, and get that surveillance footage before it is recorded over. If you get the footage, the college kid will possibly be charged for false report. I seriously have my doubts he shows up in court for your first appearance. And get a video, and a audio recorder as soon as possible, if you had you would most likely get the charges dropped, and again the liar would be going to jail.

    This sounds like a case of an anti swatting you once he saw your gun. Next time I would suggest just ignoring fools, it will bug them more than debating with them.
    Last edited by WalkingWolf; 09-13-2015 at 06:30 PM.
    It is well that war is so terrible – otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

  8. #8
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,613
    Having more than adequate free time, I would have put my vehicle in park, activated the 4-way flashers, and called the manager of the store out to see me.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  9. #9
    Regular Member WalkingWolf's Avatar
    Join Date
    Jul 2011
    Location
    North Carolina
    Posts
    12,276
    Quote Originally Posted by Grapeshot View Post
    Having more than adequate free time, I would have put my vehicle in park, activated the 4-way flashers, and called the manager of the store out to see me.
    Over the years I have learned I can ignore most anything, including honking horns, stereo base booms, and screaming tantrums from children. I just zone them out, just like a nagging women.

    No offense ladies...
    It is well that war is so terrible – otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

  10. #10
    Regular Member rightwinglibertarian's Avatar
    Join Date
    Mar 2014
    Location
    Seattle WA
    Posts
    881
    Well this is interesting. It looks as if there is a battle going on with the pre-emption statute. It would seem that statute has actually been struck down. Quite incredulous. Seek legal advice and hopefully whoever you get accepts the constitution as final. If you get an anti-2A judge you never know. I'm not a legal expert by any means but if you get one of them i'd try to get said judge to recuse themselves as they are clearly biased and you won't get a fair hearing
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

    Conservative Broadcast || Google Plus profile

  11. #11
    Regular Member solus's Avatar
    Join Date
    Aug 2013
    Location
    here nc
    Posts
    6,872
    well, to be honest, I suppose WW's initial perception is probably correct ~ the bloke prob swatted the OP.

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  12. #12
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,613
    Quote Originally Posted by rightwinglibertarian View Post
    Well this is interesting. It looks as if there is a battle going on with the pre-emption statute. It would seem that statute has actually been struck down. Quite incredulous. Seek legal advice and hopefully whoever you get accepts the constitution as final. If you get an anti-2A judge you never know. I'm not a legal expert by any means but if you get one of them i'd try to get said judge to recuse themselves as they are clearly biased and you won't get a fair hearing
    https://www.nraila.org/articles/2015...going-lawsuits
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  13. #13
    Regular Member Fallschirmjäger's Avatar
    Join Date
    Sep 2007
    Location
    Georgia, USA
    Posts
    3,915
    While I agree in general with most posters, I probably would Not hire an attorney until I had learned if the state had preferred charges. Just because you were issued a ticket(?) does not necessarily mean the county solicitor (by whatever name) believes there is sufficient evidence to prove guilt beyond a reasonable doubt.

    I was charged with trespass (in a public park, while it was open, while using the walking path for the intended purpose, and in obedience to all federal codes, state laws, municipal ordinances and park rules, while NOT interacting with anyone except an over-curious security guard) and the state waited until the weekend before the hearing to let me know that the county solicitor had requested the charge be "nolle prosedui'ed" because he realized that no crime had taken place.

    IF you have learned that the state Does intend to prosecute then please get a lawyer with utmost haste.

  14. #14
    Regular Member rightwinglibertarian's Avatar
    Join Date
    Mar 2014
    Location
    Seattle WA
    Posts
    881
    An NRA-backed law passed in Pennsylvania last year to hold accountable local jurisdictions that were defying the state’s 40-year-old firearm preemption statute has been declared invalid by a Pennsylvania trial court.
    wait, what? You can't declare a law, thats backed by the constitution as invalid. That's just spitting on it in contempt. Where are the mass open carry protests in the most liberal, anti-gun areas of the state? Where is the mass civil disobedience that happened in CT after their attempts at passing a 'law'? Why wasnt the officer reminded of the fact he is required to uphold the constitution and a supervisor demanded when he didn't back down? And why did the OP simply accept the paper extorting money from him for exercising his rights?
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

    Conservative Broadcast || Google Plus profile

  15. #15
    Regular Member
    Join Date
    Mar 2013
    Location
    nj
    Posts
    3,277
    if there is any video to back up your story, you will be fine if no video, then didn't the kid attempt to run you down with his vehicle? Your word v his.. Good luck...

    CCJ
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

  16. #16
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,613
    Quote Originally Posted by countryclubjoe View Post
    --snipped-- ....didn't the kid attempt to run you down....
    We do not encourage/condone lying to make our point/case. That is the tool of antis.

    There was a case in VA where the defendant contributed greatly to his guilty verdict through lying (even to his lawyer) about important details.
    Last edited by Grapeshot; 09-14-2015 at 05:27 AM. Reason: added
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  17. #17
    Campaign Veteran skidmark's Avatar
    Join Date
    Jan 2007
    Location
    North Chesterfield VA
    Posts
    10,682
    Quote Originally Posted by Fallschirmjäger View Post
    While I agree in general with most posters, I probably would Not hire an attorney until I had learned if the state had preferred charges. Just because you were issued a ticket(?) does not necessarily mean the county solicitor (by whatever name) believes there is sufficient evidence to prove guilt beyond a reasonable doubt.

    I was charged with trespass (in a public park, while it was open, while using the walking path for the intended purpose, and in obedience to all federal codes, state laws, municipal ordinances and park rules, while NOT interacting with anyone except an over-curious security guard) and the state waited until the weekend before the hearing to let me know that the county solicitor had requested the charge be "nolle prosedui'ed" because he realized that no crime had taken place.

    IF you have learned that the state Does intend to prosecute then please get a lawyer with utmost haste.
    Unless I am misunderstanding something (probably caused by the OP not providing more detail about the "ticket", the issuance of that ticket constitutes "preferring charges".

    At this point we do not know if this is a civil fine sort of citation (e.g. parking ticket) or a criminal charge that does not require arrest under warrant.

    I knew there was no way they could prove guilt beyond a reasonable doubt on the charges they bought against me. But it still cost tens of thousands of dollars to convince the judge of that. Another OCDO poster (and those that knew him) was convinced that they could not prove beyond a reasonable doubt that he had in fact committed the crime he was charged with. His case is now pending a state supreme court decision. The major difference I see between our cases was that I had buffoons for both complainants and the prosecutor, and an original judge who saw that and decided early retirement was the better option, thus allowing for a substitute judge who was not part of the county "good old boy" network. The other OCDO poster had to go up against both social and political "good old boy" networks as well as a truly vindictive prosecutor who needed a win to balance out an embarrassing loss.

    It's like why we carry a reliable firearm - so it's there in case we need it. Most folks spend a significant amount of money on the purchase of their firearm - and maybe additional money on accessories, training, and the like but go through life without ever having to use it. Was that money well spent? Consulting with a criminal defense attorney now may be akin to buying the firearm and at least a good holster to carry it in.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  18. #18
    Regular Member
    Join Date
    May 2007
    Location
    , Louisiana, USA
    Posts
    59

    Open Carry - PA

    It appears from the open carry maps that open carry is legal in PA, however I suspect that filing a false police report is not. Get an attorney, have him get any video camera footage before it is overwritten, go to court, be exonerated, demand that the little fooker be charged with filing a false police report.

  19. #19
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,154
    Preferring charges is synonymous with indictment. See the state's Rules of Criminal Procedure, Title 234, Chapter 4 Procedure in Summary Cases [your ticket/citation], and Chapter 5 Part B1 Complaint Procedures
    Last edited by Nightmare; 09-14-2015 at 08:04 AM.
    I am responsible for my writing, not your understanding of it.

  20. #20
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,613
    Re when to contact a lawyer

    Quote Originally Posted by skidmark View Post
    --snipped--
    It's like why we carry a reliable firearm - so it's there in case we need it. Most folks spend a significant amount of money on the purchase of their firearm - and maybe additional money on accessories, training, and the like but go through life without ever having to use it. Was that money well spent? Consulting with a criminal defense attorney now may be akin to buying the firearm and at least a good holster to carry it in.
    Agree.

    If one waits until an attorney is confirmed as needed, any attorney must have sufficient time to react or request a postponement. Miss the hearing date and you're SOL.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  21. #21
    Accomplished Advocate color of law's Avatar
    Join Date
    Oct 2007
    Location
    Cincinnati, Ohio, USA
    Posts
    3,731
    Quote Originally Posted by skidmark View Post
    Unless I am misunderstanding something (probably caused by the OP not providing more detail about the "ticket", the issuance of that ticket constitutes "preferring charges".

    At this point we do not know if this is a civil fine sort of citation (e.g. parking ticket) or a criminal charge that does not require arrest under warrant.

    I knew there was no way they could prove guilt beyond a reasonable doubt on the charges they bought against me. But it still cost tens of thousands of dollars to convince the judge of that. Another OCDO poster (and those that knew him) was convinced that they could not prove beyond a reasonable doubt that he had in fact committed the crime he was charged with. His case is now pending a state supreme court decision. The major difference I see between our cases was that I had buffoons for both complainants and the prosecutor, and an original judge who saw that and decided early retirement was the better option, thus allowing for a substitute judge who was not part of the county "good old boy" network. The other OCDO poster had to go up against both social and political "good old boy" networks as well as a truly vindictive prosecutor who needed a win to balance out an embarrassing loss.

    It's like why we carry a reliable firearm - so it's there in case we need it. Most folks spend a significant amount of money on the purchase of their firearm - and maybe additional money on accessories, training, and the like but go through life without ever having to use it. Was that money well spent? Consulting with a criminal defense attorney now may be akin to buying the firearm and at least a good holster to carry it in.

    stay safe.
    I, like you, have gone through a criminal trial for exercising a right. I pretty much discount armchair quarterbacks who never went through 20 months of a lying cop, lying security guard and a prosecutor and judge that did everything they could to violate my rights. Two days of trial catching the cop and guard in those lies, and painting the prosecutor and judge into a corner. The judge knew that if he found me guilty he would be overturned. It's us against them and don't you ever forget it.

    Lawyers acquitted of coaching witnesses to lie; case a 'scary attack' on defense bar, counsel says
    http://www.abajournal.com/news/artic...n=weekly_email

    http://chicago.suntimes.com/news/7/7...y-perjury-case
    “It’s an incredible sensation,” said Brindley, 37. “This has given me so much greater perspective on what criminal defendants go through, and I will take that with me in every case from here on out.”

  22. #22
    Campaign Veteran skidmark's Avatar
    Join Date
    Jan 2007
    Location
    North Chesterfield VA
    Posts
    10,682
    Quote Originally Posted by Nightmare View Post
    Preferring charges is synonymous with indictment. See the state's Rules of Criminal Procedure, Title 234, Chapter 4 Procedure in Summary Cases [your ticket/citation], and Chapter 5 Part B1 Complaint Procedures
    Would you favor me with links, seeing as I am too lazy to look for them myself?

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  23. #23
    Regular Member
    Join Date
    Nov 2006
    Location
    Somewhere in PA
    Posts
    159
    OP: Are you saying you were charged (given a non-traffic citation) for disorderly conduct?

    § 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.

  24. #24
    Regular Member solus's Avatar
    Join Date
    Aug 2013
    Location
    here nc
    Posts
    6,872
    are those tail lights i seen in the distance?

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  25. #25
    Regular Member
    Join Date
    Jan 2009
    Location
    Northwest Kent County, Michigan
    Posts
    757
    Haven't read through all the posts, so sorry if this has been covered.

    I just want to emphasis to the original poster that it is HIS responsibility to secure copies of any video evidence. DON'T rely on others (police, prosecutors, etc., even if they 'promise' to do so).

    Consult a lawyer also about how to properly introduce the evidence in court!

    Failure to do so could result in a bad day!

Page 1 of 3 123 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •