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Thread: Man Carrying BB gun Charged with disorderly Conduct

  1. #1
    Regular Member reefteach's Avatar
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    http://www.whptv.com/news/local/stor...c-be9987198718



    Harrisburg PA:


    Police got a call that a man wearing a white shirt and carrying a rifle had entered an office building on Erford Road in East Pennsboro Township.

    When police got on scene they searched the building and found an employee there had brought a BB gun to loan to a co-worker.
    He alarmed people for no legitimate reason. He caused 10 police cars to come at a high rate of speed. We shut down the offices in the building for safety purposes," said Chief Dennis McMaster, East Pennsboro Township Police.

    As a precaution 2 nearby schools and Holy Spirit Hospital were also put in lockdown.

    Police have charged the man with disorderly conduct.
    Shouldn't the police be charged? Who has the PA ordinance handy. No Way this sticks.

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    Sounds like something that'd happen to me... dunno about PA law, but unless he threatened someone or handled it recklessly, I doubt this sticks. Still a hassle, though. BTW I just mailed off my $85 traffic ticket from my own last "weapons stop."

    -ljp

  3. #3
    Regular Member reefteach's Avatar
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    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.



    It would be interesting to see if he knows that even if it was a real gun, there would be no basis for a charge. Anyone want to ask him? The email link is at the bottom of the page:

    http://www.eastpennsboro.net/html/police.html


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    The hoplophobe who called police should be the one charged with "alarming people for no legitimate reason". And yes, the police should be charged too, under section 5301: Official Oppression.





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