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Have to goto Court in PA because Someone at Wendy's Saw my Firearm

CJones58

Newbie
Joined
Sep 13, 2015
Messages
1
Location
Glenolden, PA
Does anyone know how to help me here? I went to a Wendy's for lunch with a friend, I was backing up to park in a handicapped spot and this kid pulled up on my rear and just laid on his horn. I was pointing to the parking spot but he would not stop his honking. I got out of my car went back had a few words with him and evidently my seatbelt lifted my shirt exposing my firearm. I have a Concealed Carry Permit and I never leave my home with out it and my .40Cal. This kid said "well you don't have to pull a gun on me" I said I never touched my firearm and I have a permit to carry. He called the Police and about 10 cars showed up. One Officer said "did you pull your weapon?" I told him No I never even touched it. He said "You know there are cameras all around here" I replied great check them, I never touched my firearm. I had to repeat my story to at least 5 different Officers. My story was the same each time. They had this kid, well I think he was a collage student on the other side of Wendy's and he swore that I pulled my firearm. I was given back my Firearm and given a $460.00 ticket for pulling a firearm and causing "inconvenience". I have not gotten my court date yet but aren't you also allowed to open carry in Pennsylvania, I know Philadelphia does not like it, and even threaten you, but I've heard the this type of thing was frowned upon and no longer happens as long as you are a legal permit carrying citizen. I'm hoping that they have cameras that prove I never touched my weapon. But there is a chance that it was showing because of a lifted shirt. Is there an open carry option in PA. I have heard there is but a lot of Police don't like it, and if I broke some kind of law why did they give me my firearm back. The only inconvenience was caused by this idiot not just going around me then having 10 Police vehicles pull into the lot thinking I pulled a weapon on this jerk.
Thank you in advance for any and all replies or suggestions.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
INAL.
find a criminal attorney cuz the advice you will get here is worthless for all intents!

best of luck.

ipse
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
This needs to be moved to the Pennsylvania forum so that it can be better seen by those familiar with PA laws, which will be the only ones that matter.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Moved this to the PA sub-forum.

The OP did a number of things for which he could be criticized, but wont beat him up over them.

Direct advice - consult a good gun rights attorney soonest and post nothing to this forum that has not been approved by that individual.

At the OP's request this, this thread could be deleted.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
...I got out of my car went back had a few words with him and evidently my seatbelt lifted my shirt exposing my firearm...

The details missing here are all that matters. As mentioned, you are probably better served by not filling them in here. More than likely, they can only hurt you. You've announced that you carry everyday, yet you couldn't tell your firearm was exposed while you escalated a situation, regardless of who started it. A judge may not buy that.
 
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WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Get a attorney, and get that surveillance footage before it is recorded over. If you get the footage, the college kid will possibly be charged for false report. I seriously have my doubts he shows up in court for your first appearance. And get a video, and a audio recorder as soon as possible, if you had you would most likely get the charges dropped, and again the liar would be going to jail.

This sounds like a case of an anti swatting you once he saw your gun. Next time I would suggest just ignoring fools, it will bug them more than debating with them.
 
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Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Having more than adequate free time, I would have put my vehicle in park, activated the 4-way flashers, and called the manager of the store out to see me. :)
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Having more than adequate free time, I would have put my vehicle in park, activated the 4-way flashers, and called the manager of the store out to see me. :)

Over the years I have learned I can ignore most anything, including honking horns, stereo base booms, and screaming tantrums from children. I just zone them out, just like a nagging women.

No offense ladies...
 

rightwinglibertarian

Regular Member
Joined
Mar 22, 2014
Messages
827
Location
Seattle WA
Well this is interesting. It looks as if there is a battle going on with the pre-emption statute. It would seem that statute has actually been struck down. Quite incredulous. Seek legal advice and hopefully whoever you get accepts the constitution as final. If you get an anti-2A judge you never know. I'm not a legal expert by any means but if you get one of them i'd try to get said judge to recuse themselves as they are clearly biased and you won't get a fair hearing
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
well, to be honest, I suppose WW's initial perception is probably correct ~ the bloke prob swatted the OP.

ipse
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Well this is interesting. It looks as if there is a battle going on with the pre-emption statute. It would seem that statute has actually been struck down. Quite incredulous. Seek legal advice and hopefully whoever you get accepts the constitution as final. If you get an anti-2A judge you never know. I'm not a legal expert by any means but if you get one of them i'd try to get said judge to recuse themselves as they are clearly biased and you won't get a fair hearing

https://www.nraila.org/articles/201...eemption-reforms-jeopardizes-ongoing-lawsuits
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
While I agree in general with most posters, I probably would Not hire an attorney until I had learned if the state had preferred charges. Just because you were issued a ticket(?) does not necessarily mean the county solicitor (by whatever name) believes there is sufficient evidence to prove guilt beyond a reasonable doubt.

I was charged with trespass (in a public park, while it was open, while using the walking path for the intended purpose, and in obedience to all federal codes, state laws, municipal ordinances and park rules, while NOT interacting with anyone except an over-curious security guard) and the state waited until the weekend before the hearing to let me know that the county solicitor had requested the charge be "nolle prosedui'ed" because he realized that no crime had taken place.

IF you have learned that the state Does intend to prosecute then please get a lawyer with utmost haste.
 

rightwinglibertarian

Regular Member
Joined
Mar 22, 2014
Messages
827
Location
Seattle WA

An NRA-backed law passed in Pennsylvania last year to hold accountable local jurisdictions that were defying the state’s 40-year-old firearm preemption statute has been declared invalid by a Pennsylvania trial court.

wait, what? You can't declare a law, thats backed by the constitution as invalid. That's just spitting on it in contempt. Where are the mass open carry protests in the most liberal, anti-gun areas of the state? Where is the mass civil disobedience that happened in CT after their attempts at passing a 'law'? Why wasnt the officer reminded of the fact he is required to uphold the constitution and a supervisor demanded when he didn't back down? And why did the OP simply accept the paper extorting money from him for exercising his rights?
 

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
if there is any video to back up your story, you will be fine if no video, then didn't the kid attempt to run you down with his vehicle? Your word v his.. Good luck...

CCJ
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
--snipped-- ....didn't the kid attempt to run you down....

We do not encourage/condone lying to make our point/case. That is the tool of antis.

There was a case in VA where the defendant contributed greatly to his guilty verdict through lying (even to his lawyer) about important details.
 
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skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
While I agree in general with most posters, I probably would Not hire an attorney until I had learned if the state had preferred charges. Just because you were issued a ticket(?) does not necessarily mean the county solicitor (by whatever name) believes there is sufficient evidence to prove guilt beyond a reasonable doubt.

I was charged with trespass (in a public park, while it was open, while using the walking path for the intended purpose, and in obedience to all federal codes, state laws, municipal ordinances and park rules, while NOT interacting with anyone except an over-curious security guard) and the state waited until the weekend before the hearing to let me know that the county solicitor had requested the charge be "nolle prosedui'ed" because he realized that no crime had taken place.

IF you have learned that the state Does intend to prosecute then please get a lawyer with utmost haste.

Unless I am misunderstanding something (probably caused by the OP not providing more detail about the "ticket", the issuance of that ticket constitutes "preferring charges".

At this point we do not know if this is a civil fine sort of citation (e.g. parking ticket) or a criminal charge that does not require arrest under warrant.

I knew there was no way they could prove guilt beyond a reasonable doubt on the charges they bought against me. But it still cost tens of thousands of dollars to convince the judge of that. Another OCDO poster (and those that knew him) was convinced that they could not prove beyond a reasonable doubt that he had in fact committed the crime he was charged with. His case is now pending a state supreme court decision. The major difference I see between our cases was that I had buffoons for both complainants and the prosecutor, and an original judge who saw that and decided early retirement was the better option, thus allowing for a substitute judge who was not part of the county "good old boy" network. The other OCDO poster had to go up against both social and political "good old boy" networks as well as a truly vindictive prosecutor who needed a win to balance out an embarrassing loss.

It's like why we carry a reliable firearm - so it's there in case we need it. Most folks spend a significant amount of money on the purchase of their firearm - and maybe additional money on accessories, training, and the like but go through life without ever having to use it. Was that money well spent? Consulting with a criminal defense attorney now may be akin to buying the firearm and at least a good holster to carry it in.

stay safe.
 

RedRuger

Regular Member
Joined
May 27, 2007
Messages
59
Location
, Louisiana, USA
Open Carry - PA

It appears from the open carry maps that open carry is legal in PA, however I suspect that filing a false police report is not. Get an attorney, have him get any video camera footage before it is overwritten, go to court, be exonerated, demand that the little fooker be charged with filing a false police report.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Re when to contact a lawyer

--snipped--
It's like why we carry a reliable firearm - so it's there in case we need it. Most folks spend a significant amount of money on the purchase of their firearm - and maybe additional money on accessories, training, and the like but go through life without ever having to use it. Was that money well spent? Consulting with a criminal defense attorney now may be akin to buying the firearm and at least a good holster to carry it in.
Agree.

If one waits until an attorney is confirmed as needed, any attorney must have sufficient time to react or request a postponement. Miss the hearing date and you're SOL.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,936
Location
Cincinnati, Ohio, USA
Unless I am misunderstanding something (probably caused by the OP not providing more detail about the "ticket", the issuance of that ticket constitutes "preferring charges".

At this point we do not know if this is a civil fine sort of citation (e.g. parking ticket) or a criminal charge that does not require arrest under warrant.

I knew there was no way they could prove guilt beyond a reasonable doubt on the charges they bought against me. But it still cost tens of thousands of dollars to convince the judge of that. Another OCDO poster (and those that knew him) was convinced that they could not prove beyond a reasonable doubt that he had in fact committed the crime he was charged with. His case is now pending a state supreme court decision. The major difference I see between our cases was that I had buffoons for both complainants and the prosecutor, and an original judge who saw that and decided early retirement was the better option, thus allowing for a substitute judge who was not part of the county "good old boy" network. The other OCDO poster had to go up against both social and political "good old boy" networks as well as a truly vindictive prosecutor who needed a win to balance out an embarrassing loss.

It's like why we carry a reliable firearm - so it's there in case we need it. Most folks spend a significant amount of money on the purchase of their firearm - and maybe additional money on accessories, training, and the like but go through life without ever having to use it. Was that money well spent? Consulting with a criminal defense attorney now may be akin to buying the firearm and at least a good holster to carry it in.

stay safe.
I, like you, have gone through a criminal trial for exercising a right. I pretty much discount armchair quarterbacks who never went through 20 months of a lying cop, lying security guard and a prosecutor and judge that did everything they could to violate my rights. Two days of trial catching the cop and guard in those lies, and painting the prosecutor and judge into a corner. The judge knew that if he found me guilty he would be overturned. It's us against them and don't you ever forget it.

Lawyers acquitted of coaching witnesses to lie; case a 'scary attack' on defense bar, counsel says
http://www.abajournal.com/news/arti...ro&utm_medium=email&utm_campaign=weekly_email

http://chicago.suntimes.com/news/7/71/921052/defense-attorney-beau-brindley-perjury-case
“It’s an incredible sensation,” said Brindley, 37. “This has given me so much greater perspective on what criminal defendants go through, and I will take that with me in every case from here on out.”
 
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