No, I am Correct
From what I have read, Pennysylvania is an open carry state, but Philidelphia is NOT an open carry city. I looked it up right after I saw this post and listened to the audio.
No excuse for what the cop did. To say he handled it badly would be a gross understatement.
I'll be avoiding Philly I guess....
In Pennsylvania a License To Carry Firearms is only required to conceal a firearm, or to carry a firearm in a motor vehicle. The law is silent on the act of openly carrying a firearm while not in a vehicle making it de-facto legal. It must be noted however that due to 18 Pa.C.S. § 6108 (Carrying firearms on public streets or public property in Philadelphia) a License To Carry Firearms is required to carry a firearm in any manner on the streets or public property of a "City of the first class" (Philadelphia.
Open Carry in Pennsylvania
While Pennsylvania has a specific law that requires a License To Carry Firearms for the concealed carry of a firearm, and the carry of firearms in vehicles, the law is silent on the legality of openly carrying a firearm in other situations, making it de-facto legal.
There is however a law that requires a License To Carry Firearms to carry either way in "cities of the first class", which as defined by law is only the city of Philadelphia.
18 Pa.C.S. § 6108: Carrying firearms on public streets or public property in Philadelphia
No person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless:
(
1) such person is licensed to carry a firearm; or
(2) such person is exempt from licensing under section 6106(b) of this title (relating to firearms not to be carried without a license).
To summarize, open carry is legal in Pennsylvania without a License To Carry Firearms
except in "cities of the first class" (Philadelphia) and vehicles where a License To Carry Firearms is required to do so.
With that said, we would like to point out that there is much debate among firearm owners about whether openly carrying firearms is really a good idea. While we will leave that choice to the individual we will state that in many urban areas (namely Philadelphia) doing so will draw unwanted attention from law enforcement that may include (but not be limited to) the following repercussions:
Being stopped and questioned by law enforcement.
Having your License To Carry Firearms seized and sent back for revocation.
Being arrested either improperly or for other charges like disturbing the peace or creating a public nuisance.
While this may not happen should you choose to carry openly, many urban law enforcement officers we have talked to have expressed a very negative opinion towards the idea. Some have suggested that law enforcement will do everything in their power to make your life difficult should you choose to.
Now with this all said, Did not the Supreme courts just rule that a locality may not have the right to a law different than that of the state????? uuuuummm I think so.
McDonald v. Chicago