imported post
With respect Mike, We already have "judge created law"
Open Carry Legal in the Commonwealth of Pennsylvania
Commonwealth v. Hawkins
In all parts of Pennsylvania, persons who are licensed may carry concealed firearms.
18 Pa.C.S. § 6108. *Except in Philadelphia, firearms may be carried openly without a license*. See Ortiz v. Commonwealth, ___ Pa. ___, ___, 681 A.2d 152, 155 (1996) (*
only in Philadelphia must a person obtain a license for carrying a firearm whether it is unconcealed or concealed;
in other parts of the Commonwealth, unconcealed firearms do not require a license*). The Commonwealth takes the radical position that police have a duty to stop and frisk when they receive information from any source that a suspect has a gun. Since it is not illegal to carry a licensed gun in Pennsylvania,4 it is difficult to see where this shocking idea originates, notwithstanding the Commonwealth's fanciful and histrionic references to maniacs who may spray schoolyards with gunfire and assassins of public figures who may otherwise go undetected.
Even if the Constitution of Pennsylvania would permit such invasive police activity as the Commonwealth proposes -- which it does not -- such activity seems more likely to endanger than to protect the public. Unnecessary police intervention, by definition, produces the possibility of
conflict where none need e
xist.* Contrary to the Commonwealth's view, the public will receive its full measure of protection by police who act within the restraints imposed on them by Art. I, § 8 of the Constitution of Pennsylvania and this court's relevant case law. Upon receiving unverified information that a certain person is engaged in illegal activity, the police may always observe the suspect and conduct their own investigation. If police surveillance produces a reasonable suspicion of criminal conduct, the suspect may, of course, be briefly stopped and questioned (the Terry investigative stop),
Commonwealth v. Ortiz
53 Pa.C.S. section 13133. Philadelphia appellants assert that they are limited by the acts of the General Assembly only if those acts are applicable in the entire commonwealth, and the firearms statute is not. In particular, they argue that in Philadelphia County, the legislature requires that a person must be licensed to carry weapons openly and not concealed from sight,*
18 Pa.C.S. section 6108, [footnote 1]
whereas in all other counties of Pennsylvania, *weapons may be carried openly without a license*, 18 Pa.C.S. section 6106. [footnote 2]\