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Tony Oliva Hearing, Thur 2 OCT - Preempted Pittsburgh Ordinance Against Open Carry at Issue!

Prophet

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Feb 29, 2008
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Pittsburgh, Pennsylvania, USA
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yeah...i guess Im just a little run down. Its tough having the entire future of the second amendment rest squarely and solely on my shoulders...

hahahaha.

But seriously, I think it was just such a change from the usual asinine behaviour that the last few cops gave me that it just seemed like a better experience. The more I think about it though the more you're right...oh well...after a good nights rest I'll be ready for the next round of illegal and unconstitutional tramplings of my civil rights.
 

Statkowski

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Sep 27, 2006
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Cherry Tree (Indiana County), Pennsylvania, USA
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1. The ordinace cited is preempted by state law and is thus null and void.

2. The police officer who issued the citation failed to show up for the hearing.

3. The charge was dismissed.

So, was the charge dismissed for Reason #1 or Reason #2? Unfortunately, I think it was the latter, not the former. The judge did not state that the ordinance was null and void, just that the case would be settled the same day. No witness (the police officer) to confront? No case.

It's still a win for our side, but maybe not the win we wanted.
 

Prophet

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You may be right Stat, but according to Pittsburgh City Police Lt. Herrman as told to Mike Stollenwerk, the police understand the citation should never have been given in the first place. That can always be used in case there is a next time for a case of police harrassment.

I don't care what convoluted, roundabout, tomtom directional way we get there as long as in the end open carry is understood and accepted by the police so that I, and everyone else who chooses to practice this freedom in the same manner, will no longer be hassled.
 

mvpel

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Oct 12, 2006
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371
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Merrimack, New Hampshire, USA
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Statkowski wrote:
1. The ordinace cited is preempted by state law and is thus null and void.

2. The police officer who issued the citation failed to show up for the hearing.

3. The charge was dismissed.

So, was the charge dismissed for Reason #1 or Reason #2? Unfortunately, I think it was the latter, not the former. The judge did not state that the ordinance was null and void, just that the case would be settled the same day. No witness (the police officer) to confront? No case.

It's still a win for our side, but maybe not the win we wanted.
Exactly so. The ordinance still stands, and if they're gluttons for punishment, they can continue to cite people under it. I wouldn't be terribly shocked if the officer was instructed not to show up for the hearing, so that the ordinance wouldn't be thrown out.
 

Grapeshot

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May 21, 2006
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Valhalla
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mvpel wrote:
Exactly so. The ordinance still stands, and if they're gluttons for punishment, they can continue to cite people under it. I wouldn't be terribly shocked if the officer was instructed not to show up for the hearing, so that the ordinance wouldn't be thrown out.
Each time they lose, the ante goes up. They will lose big if the persist.

If they cannot see the writing on the wall, then they are looking the wrong way. Do what it takes to turn them around.

Yata hey
 

LittleRedToyota

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Mar 30, 2007
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10
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Pittsburgh, Pennsylvania, USA
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iwrote a letter to city council, the mayor, the chief of police, and the county solicitor back when this first happened explaining that the ordinance (and a few others on the books with it) are illegal and, as a taxpaying citizen of pittsburgh, i would like them to be struck from the books by city council and that the police should be told to stop enforcing them in the meantime to prevent the need to use my tax dollars to defend against and payout settlements on civil rights lawsuits.

of course, i never heard back from any of them.

i'll try to remember to pop in over here from time to time (spend my time on PAFOA.ORG which is where i heard about this), but if you guys ever decide to go to a council meeting en masse, please be sure to also post it over on PAFOA.ORG. i will be joining you.
 
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