• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Open Carry Police encounter in Philly!

Pwning the Papacy

Regular Member
Joined
Dec 7, 2006
Messages
25
Location
, ,
imported post

The post is responding to someone suggesting that you tape a conversation with a police officer. In PA, that requires not one, but all parties to consent:

§ 5703. Interception, disclosure or use of wire, electronic or oral communications. Except as otherwise provided in this chapter, a person is guilty of a felony of the third degree if he: 1.intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication;
§ 5704. Exceptions to prohibition of interception and disclosure of communications. It shall not be unlawful under this chapter and no prior court approval shall be required for: 4.A person, to intercept a wire, electronic or oral communication, where all parties to the communication have given prior consent to such interception.

Edit: What's this oddballery, though
§ 5781. Expiration of chapter. This chapter expires December 31, 2004, unless extended by statute.
 

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
imported post

Pwning the Papacy wrote:
The post is responding to someone suggesting that you tape a conversation with a police officer. In PA, that requires not one, but all parties to consent:

§ 5703. Interception, disclosure or use of wire, electronic or oral communications. Except as otherwise provided in this chapter, a person is guilty of a felony of the third degree if he: 1.intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication;
§ 5704. Exceptions to prohibition of interception and disclosure of communications. It shall not be unlawful under this chapter and no prior court approval shall be required for: 4.A person, to intercept a wire, electronic or oral communication, where all parties to the communication have given prior consent to such interception.
Edit: What's this oddballery, though
§ 5781. Expiration of chapter. This chapter expires December 31, 2004, unless extended by statute.
OK, now you are citing to PA law - & yes, it appears that PA is a two party state - presumably though, notifying others that you are recording them puts them on notice that their communications are subject to recording - thus the communications are not being "intercepted" within the meaning of this felony offense. I am not familiar at all with this area of the law, but have to believe that every day all over PA folks' oral communications are being recorded in apparent violation of the text of this statute by teenagers & tourists with camera phones and video recorders just going about their normal business.
 

JacquisPoni

Regular Member
Joined
Nov 8, 2006
Messages
55
Location
, Virginia, USA
imported post

Well, trip to Philly was uneventful for open carry purposes. I did open carry a couple of times in Philly at the localPathMark and Rite Aid(both in Northeast Philadelphia around the corner from my Mother's house) with great success. I did NOT open carry in Downtown Philly however due to the company I was with, perhaps next trip.
 

Smurfologist

Regular Member
Joined
Jul 25, 2006
Messages
536
Location
Springfield by way of Chicago, Virginia, USA
imported post

JacquisPoni wrote:
Well, trip to Philly was uneventful for open carry purposes. I did open carry a couple of times in Philly at the localPathMark and Rite Aid(both in Northeast Philadelphia around the corner from my Mother's house) with great success. I did NOT open carry in Downtown Philly however due to the company I was with, perhaps next trip.

So, just so I'm clear, it is legal to CC in Philly? I was under the impression that it was illegal to CC in Philly because of the population. But, I was also under the impression that it is legal to CC in Philly since it has been suggested to do so (although, I was under the impression that it was being suggested to CC because Philly is an urban area, your gun may be taken from you, the LEOs there will harass you if you do, etc.) I'm so confused!!! Please help me!!

2nd Amendment.........Use it..........Or, lose it!!:X
 

Steve in PA

Regular Member
Joined
Nov 12, 2006
Messages
158
Location
Somewhere in PA
imported post

With a LTC issued "ANYWHERE" in PA, or an out-of-state LTC honored by PA you can carry concealed "ANYWHERE" in PA, which includes Philly.
 

Smurfologist

Regular Member
Joined
Jul 25, 2006
Messages
536
Location
Springfield by way of Chicago, Virginia, USA
imported post

Steve in PA wrote:
With a LTC issued "ANYWHERE" in PA, or an out-of-state LTC honored by PA you can carry concealed "ANYWHERE" in PA, which includes Philly.

I guess my Non-Resident PA LTCF, Non-Resident NH P/R L, and VA PCCH will work. I just don't want to go to jail for some bs when I visit the City of Brotherly Love! Thanks Steve in PA!

2nd Amendment........Use it...........Or, lose it!!:X
 

JacquisPoni

Regular Member
Joined
Nov 8, 2006
Messages
55
Location
, Virginia, USA
imported post

I have a non-resident LTCF for PA, I have always CC'd in Philly and outside of the city. This trip to Philly was the first time I stepped outside of my box and OC'd, I was honestly expecting some trouble, however I didn't even get a second glance. I don't know if it was where I was or people were that oblivious. It is quite obvious when I open carry, so perhaps I was just lucky this trip. The "rent-a-cop" at the local pharmacy didn't say anything or look when I walked past him in the Rite-Aid.
 

Smurfologist

Regular Member
Joined
Jul 25, 2006
Messages
536
Location
Springfield by way of Chicago, Virginia, USA
imported post

JacquisPoni wrote:
I have a non-resident LTCF for PA, I have always CC'd in Philly and outside of the city. This trip to Philly was the first time I stepped outside of my box and OC'd, I was honestly expecting some trouble, however I didn't even get a second glance. I don't know if it was where I was or people were that oblivious. It is quite obvious when I open carry, so perhaps I was just lucky this trip. The "rent-a-cop" at the local pharmacy didn't say anything or look when I walked past him in the Rite-Aid.

That will work. Thanks JacquisPoni!!

2nd Amendment.........Use it..........Or, lose it!!;)
 
Top