• 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.

Legal help - City of Wilkes Barre, PA Police pull a Dickson City, then retreat under cone of silence

M

mystery_man

Regular Member
Joined
Jan 5, 2008
Messages
24
Location
Harmony, NJ & Wilkes-Barre, PA, , USA
imported post

Hey guys! I just wanted to give you a quick update on what happened:

I was out for a walk after dinner (open-carry).
Wilkes-BarreCity policestopped me because someone called 911.
My firearm was taken from me.
I was cursed at and insulted.
Then I was told that open-carry is not allowed.
That only police officers can open-carry.
And that Pennsylvania doesn't recognize any out-of-state concealed
carry permits.
They gaveno legal reason for the seizure of my firearm.
And if I wanted my firearm back I would have togo down to policeHQ on Monday
with a lawyer.
I have contacted an attorney and am following his instructions.


A.J.
 
Y

yankees98a

Regular Member
Joined
Jul 28, 2007
Messages
144
Location
, ,
imported post

How is that legal? Let's say I apply for PA permit as a PA Resident and get denied.. I then apply for Fl permit. Now I can carry in PA?


Mike wrote:
yankees98a wrote:
Only case would be if you concealed with out of state permit and was a resident of that state.
Click to expand...
Huh? PA residents CAN carry on out of state CHPs and LTCFs.
Click to expand...
 
G

gnbrotz

Campaign Veteran
Joined
May 30, 2007
Messages
247
Location
Chambersburg, Pennsylvania, USA
imported post

yankees98a wrote:
How is that legal? Let's say I apply for PA permit as a PA Resident and get denied.. I then apply for Fl permit. Now I can carry in PA?
Click to expand...
That is correct. Don't tell me this is the first time you've heard of a law or governement policy that didn't make sense.;)
 
J

JSK333

Regular Member
Joined
May 20, 2006
Messages
190
Location
Cincinnati, Ohio, USA
imported post

This is exactly why "color of law" statutes exist.

If PA doesn't have its own, this should fall under the federal statute (Title 42 USC 1983), since it's also a 2nd Amendment issue.

But, I imagine your lawyer would know about these. I'm glad you're not letting this go and kowtow'ing to their high-handedness.
 
M

Mike

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

I hope our man AJ stands tall on this and refuses to bring in proof of nothin'!

I'd also like Wilkes Barre to release a few seconds of this 911 tape - I find it hard to believe that the report was that he had his gun "in his hand."
 
B

brey1234

New member
Joined
Jun 9, 2008
Messages
1
Location
, ,
imported post

Jensen, 28, decided to give it a try. A few days later, his gun was visible, dangling from a black holster strapped around his hip as he walked into a Costco. His heart raced as he ordered a Polish dog at the counter. No one called police. No one stopped him.

He now carries his Glock 23 openly into his bank, restaurants and shopping centers. He wore the gun to a Ron Paul rally. He and his wife, Clachelle, drop off their 5-year-old daughter at elementary school with pistols dangling from their hip holsters and never have received a complaint or a wary look.:cool:

http://tinyurl.com/4gsa6k
 
P

Pa. Patriot

State Researcher
Joined
May 4, 2007
Messages
1,441
Location
Just a "wannabe" in Mtn. Top, Pennsylvania, USA
imported post

This is the WBPD reply/release as read by Sue Henry on the air today:



"According to Wilkes-Barre police. On Saturday 6/7 @ approximately 9:30PM officers responded to a complaint about a man standing on the corner of E. Northampton and Sherman streets with a gun in his hand. Officers responded and the male was located on Sherman and South St.s with a holstered weapon in plain view. Proper ownership of the weapon could not be established at that time, so the weapon was taken back to Wilkes-Barre police headquarters. The weapon will be returned to the legal owner once proper ownership has been established. The man was neither charged nor detained by the Wilkes-Barre police dept."

​
 
J

jaredbelch

Founder's Club Member
Joined
Aug 8, 2007
Messages
545
Location
Cottonwood Heights, Utah, USA
imported post

Pa. Patriot wrote:
This is the WBPD reply/release as read by Sue Henry on the air today:



"According to Wilkes-Barre police. On Saturday 6/7 @ approximately 9:30PM officers responded to a complaint about a man standing on the corner of E. Northampton and Sherman streets with a gun in his hand. Officers responded and the male was located on Sherman and South St.s with a holstered weapon in plain view. Proper ownership of the weapon could not be established at that time, so the weapon was taken back to Wilkes-Barre police headquarters. The weapon will be returned to the legal owner once proper ownership has been established. The man was neither charged nor detained by the Wilkes-Barre police dept."

​
Click to expand...
What a load of crap!

Seriously how does a state with "no firearm registry" even pretend to establish ownership other than by possession? I can see running the serial number, DURING A VALID TERRY STOP, to see if it's stolen, but c'mon this is ridiculous.
 
M

Mike

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

Pa. Patriot wrote:
This is the WBPD reply/release as read by Sue Henry on the air today:




"According to Wilkes-Barre police. On Saturday 6/7 @ approximately 9:30PM officers responded to a complaint about a man standing on the corner of E. Northampton and Sherman streets with a gun in his hand. Officers responded and the male was located on Sherman and South St.s with a holstered weapon in plain view. Proper ownership of the weapon could not be established at that time, so the weapon was taken back to Wilkes-Barre police headquarters. The weapon will be returned to the legal owner once proper ownership has been established. The man was neither charged nor detained by the Wilkes-Barre police dept."

​
Click to expand...
Yea - somebody tell AJ he was not detained!
 
P

Pa. Patriot

State Researcher
Joined
May 4, 2007
Messages
1,441
Location
Just a "wannabe" in Mtn. Top, Pennsylvania, USA
imported post

We see the same ignorance that bit Dickson City on the bum rear it's ugly head again with Wilkes-Barre City PD.

There is no duty to prove ownership.
The PSP database is NOT a database or registry of ownership.

And we also again see the police fail to man-up and admit the error. Instead they are going to foolishly play through on the premise that they are acting appropriately.
Their own statement admits guilt on their part.

They really don't realize how much worse this will make things for them. Oh well.
 
I

imperialism2024

Regular Member
Joined
Jun 7, 2007
Messages
3,047
Location
Catasauqua, Pennsylvania, USA
imported post

Pa. Patriot wrote:
We see the same ignorance that bit Dickson City on the bum rear it's ugly head again with Wilkes-Barre City PD.

There is no duty to prove ownership.
The PSP database is NOT a database or registry of ownership.

And we also again see the police fail to man-up and admit the error. Instead they are going to foolishly play through on the premise that they are acting appropriately.
Their own statement admits guilt on their part.

They really don't realize how much worse this will make things for them. Oh well.
Click to expand...
Well, at least this time they didn't try to suppress anyone from videotaping the incident... :?
 
D

DJ TURNz

Regular Member
Joined
Nov 28, 2006
Messages
86
Location
, ,
imported post

Patriot, do you have tape of the radio show?



This is BS. Why do these police departments think that they don't have to obey the law. I am getting tired of reading about this stuff. I hope they get what they deserve, and I hope the OP gets what he deserves too.
 
You must log in or register to reply here.
Top