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Thread: Stop and Identify?

  1. #1
    Regular Member david.ross's Avatar
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    I was told years ago in PA I had to provide my Name, city and state of residence if detained, was this incorrect advice?

    Looking at http://en.wikipedia.org/wiki/Stop_and_Identify there doesn't appear to be any references to identify statutes for PA.
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    insane.kangaroo wrote:
    I was told years ago in PA I had to provide my Name, city and state of residence if detained, was this incorrect advice?

    Looking at http://en.wikipedia.org/wiki/Stop_and_Identify there doesn't appear to be any references to identify statutes for PA.
    Did the friend cite to any penn. law to support this statement?

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    Regular Member david.ross's Avatar
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    Mike,
    He did not, but I've heard the same from other members coming from another forum.
    Gays are prominent members of firearm rights, we do more via the courts, don't like it? Leave.
    Religious bigots against same sex marriage are not different than white supremacists.
    I expel anti-gay people off my teams. Tolerance is key to team cohesion and team building.

  4. #4
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    PA does not have a "stop and ID" statute....if you are doing an activity...ie driving...then you must show said license upon demand. But just walking down the street, no ID required.
    States dont have rights. People do.

  5. #5
    Regular Member david.ross's Avatar
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    mrjam,

    I'm aware I don't have to carry ID while open carrying. When I'm required to fly, I leave my identification in the vehicle which I'm traveling. I'd be stranded in PA if I ever had my identification stolen. What I'm asking is strictly about requiring a person to inform a person of authority their name and any other information required by law known as "Stop and identify."

    I'm just now getting to the issue of identification in regards to civil rights, going through SCOTUS cases is a very lengthy process.

    Eminent domain is an interesting topic people should investigate if they're interested in their rights as well.
    Gays are prominent members of firearm rights, we do more via the courts, don't like it? Leave.
    Religious bigots against same sex marriage are not different than white supremacists.
    I expel anti-gay people off my teams. Tolerance is key to team cohesion and team building.

  6. #6
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    insane.kangaroo wrote:
    I was told years ago in PA I had to provide my Name, city and state of residence if detained, was this incorrect advice?

    Looking at http://en.wikipedia.org/wiki/Stop_and_Identify there doesn't appear to be any references to identify statutes for PA.
    Define; "detained"

    A "mere encounter" is not being detained and you can walk away at any time. An officer walks up to you; Hey....how about this weather? What's your name, etc. You can answer or leave. Your choice.

    In an "investigatory stop" you are detained, and not free to go. Here, you would likely be required to provide some information. Here, the officer has some reasonable suspicion that some type of criminal activity may be afoot, so the officer will want to identify you.

    Contrary to popular myth, open carry by itselfis NOT grounds to an investigatory stop, so you would not need to provide any information.

  7. #7
    Regular Member david.ross's Avatar
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    Steve in PA wrote:
    In an "investigatory stop" you are detained, and not free to go. Here, you would likely be required to provide some information. Here, the officer has some reasonable suspicion that some type of criminal activity may be afoot, so the officer will want to identify you.

    Contrary to popular myth, open carry by itselfis NOT grounds to an investigatory stop, so you would not need to provide any information.
    I've posted my two bad encounters which occurred in PA on this forum. I was told by an individual in Pittsburgh I had to identify, believing so until recently. I'm very well aware open carry is not RAS, nor is mere suspicion("gut feeling") grounds for a detainment.

    I was detained on the 4th of July in 08 before I was to watch the fireworks in Pittsburgh.
    Last year I was "arrested"* for open carrying at the Pittsburgh International Airport.

    * "arrested" - debated. The citation was a summary offense yet I was not free to go until I paid bail, which is allowed by statute. The option was 1) Pay bail or 2) be sent to jail until Monday when I could be arraigned.
    Gays are prominent members of firearm rights, we do more via the courts, don't like it? Leave.
    Religious bigots against same sex marriage are not different than white supremacists.
    I expel anti-gay people off my teams. Tolerance is key to team cohesion and team building.

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    What was the citation for? Let me guess.........disorderly conduct because of open carry?

  9. #9
    Regular Member david.ross's Avatar
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    Steve,

    WEAPONS ON AIRPORT PROPERTY 07/01/2009
    LO § ART2-5 §§A
    Local ordinance, Allegheny County

    Below you'll see the post I made after I successfully appealed. I didn't make any public posting to the news or gun forums after the incident happened as the national attention could have hindered the future change of my career.
    http://opencarry.mywowbb.com/forum4/33956.html


    Gays are prominent members of firearm rights, we do more via the courts, don't like it? Leave.
    Religious bigots against same sex marriage are not different than white supremacists.
    I expel anti-gay people off my teams. Tolerance is key to team cohesion and team building.

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