SHOCKING AUDIO: Philadelphia Police violate rights of open carrier at gunpoint

AGRP

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This reminds me of what happened to the guy at Costco. There was a point when it sounded like if he moved an inch that they would have killed him.


 
So, was it legal for him to open carry or not?


Let's see:

§ 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:
such person is licensed to carry a firearm; orsuch person is exempt from licensing under section 6106(b) of this title (relating to firearms not to be carried without a license).

ADVISORY NOTE: Like in a place of declared emergency under §6107, in a City of First Class, a license under §6109 or exception under §6106(b) is required to be able to carry openly on foot.
 
§ 6109. Licenses.

Purpose of license. -- A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle throughout this Commonwealth.
 
Not sure how accurate this is:
http://paopencarry.org/open-carry-questions-answers#1
1.Is open carry legal in PA?
Answer: Yes, with some restrictions.

Anyone whom can legally own a firearm in the commonwealth can openly carry, on foot, with the exception of court facilities, federal buildings, motor vehicles and cities of the first class (Philadelphia)

Those person possessing a valid License to Carry Firearms are also permitted to carry openly (or concealed) while in a vehicle and in cities of the first class.
 
I found this. I can't attest to it's veracity; and I'm not a lawyer; but it's all over the web.

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PPD CHANGES DIRECTIVE 137 "FIREARMS"-- RECOGNIZING RIGHT TO OPEN CARRY IN PHILADELPHIA
guyferg's picture
guyferg Posted at 00:17 on Wed, 10/06/2010

On the heels of fellow board member Viper's illegal gun confiscation on South Street several weeks ago, the PPD has sent out the following directive change to ALL personnel. It was sent on 9/22/10. The change results from a complaint filed by Viper contesting the stop and confiscation. The previous version of the directive stated open carry was not allowed in Philadelphia, a direct contradiction with STATE LAW.

Under the threat of a lawsuit, the city and the PPD were forced to change the directive. The text is below for your convenience. Before another "he forged that fax, he played cops and gun nuts at his computer, some furry animal made that up", or any other Oliver Stone type conspiracy accusation comes up, all you have to do is ask ANY officer about hearing this read at roll call for three straight days, or the fact that the officers had to sign and acknowledge the contents of the message.

You can also fill out a right to know request and the PPD will have to send you a copy of the directive for free, right to your doorstep.

So who is preparing the crow for po-po 666 to eat?????

------------------------------------------------------------------------------------------------------------------------

GENERAL: 1272 09/22/10 12:53:20

TO : ALL COMMANDING OFFICERS / DEPARTMENT HEADS
SUBJECT : FIREARM OPEN CARRY LAW IN PHILADELPHIA

1. DIRECTIVE 137, ENTITLED “FIREARMS” IS BEING UPDATED
CONCERNING THE PENNSYLVANIA OPEN CARRY LAWS
REGARDING THE CITY OF PHILADELPHIA. THIS TELETYPE
REFLECTS THE NEW POLICY AS IT WILL APPEAR IN THE
DIRECTIVE.

2. ALL OFFICERS SHOULD BE AWARE THAT PENNSYLVANIA IS
CONSIDERED AN “OPEN CARRY STATE” WITH THE EXCEPTION OF
PHILADELPHIA. IT IS IMPORTANT TO DEFINE A FEW TERMS USED,
WHICH ARE AS FOLLOWS:

“OPEN CARRY” REFERS TO THE ACT OF OPENLY AND VISIBLY
CARRYING A FIREARM ON ONE’S PERSON.

“OPEN CARRY STATE” REFERS TO A STATE THAT ALLOWS
PEOPLE TO OPENLY AND VISIBLY CARRY A FIREARM ON ONE’S
PERSON WITHOUT A SPECIAL LICENSE OR PERMIT.

“CONCEALED CARRY FIREARMS LICENSE” REFERS TO A SPECIFIC
LICENSE ISSUED TO AN INDIVIDUAL AUTHORIZING THE PERSON
TO CARRY A FIREARM CONCEALED ON HIS OR HER PERSON OR
VEHICLE.

3. IN PHILADELPHIA, UNLIKE ANY OTHER PART OF THE STATE, FOR
ANY PERSON TO LAWFULLY, OPENLY AND VISIBLY CARRY A
FIREARM, THAT PERSON MUST HAVE A CONCEALED CARRY
FIREARMS LICENSE. SO, IN PHILADELPHIA, IF A PERSON HAS A
VALID CONCEALED CARRY FIREARMS LICENSE, HE OR SHE CAN
LEGALLY CARRY A FIREARM EITHER OPEN AND VISIBLE OR
CONCEALED.

4. AN OFFICER ENCOUNTERING A PERSON CARRYING A FIREARM
OPENLY IN PHILADELPHIA SHOULD FOR THE SAFTEY OF PUBLIC
INVESTIGATE AS A POSSIBLE VUFA VIOLATION.

A. SINCE A SEPARATE LICENSE IS REQUIRED IN PHILADELPHIA
AND IT IS IMPOSSIBLE FOR ANY OFFICER TO KNOW WHO DOES
AND DOES NOT HAVE A VALID CONCEALED CARRY LICENSE, IT
IS ENTIRELY REASONALBE FOR OFFICERS TO TEMPORARILY
DETAIN AND INVESTIGATE ANY INDIVIDUAL CARRYING A
FIREARM EXPOSED TO DETERMINE IF THE PERSON IS
OPERATING WITH THE LAW.

B. IMMEDIATLEY SEIZE ANY FIREARMS FOR OFFICER SAFETY
DURING THE STOP AND UNLOAD THE FIREARMS IF POSSIBLE,
BUT ONLY IF IT CAN BE DONE SAFELY.

C. A 75-48A MUST BE COMPLETED AND THE BASIS FOR THE STOP
WOULD BE A “POSSIBLE VUFA VIOLATION”

D. ONCE THE OFFICER RECEIVES CONFIRMATION THAT THE
CONCEALED CARRY LICENSE IS VALID, AND THERE ARE NO
OTHER OFFENSE OR VIOLATIONS BEING INVESTIGATED,
OFFICERS SHOULD RETURN THE FIREARM AND AMMUNITION
BACK TO THE INDIVIDUAL AT THE END OF THE STOP.

E. HOWEVER, IF THE INDIVIDUAL CANNOT PRODUCE A VALID
CONCEALED CARRY LICENSE OR THE LICENSE IS NOT VALID
(I.E. EXPIRED OR REVOKED), PROBABLE CAUSE THEN EXISTS
TO ARREST THE INDIVIDUAL FOR THE VUFAVIOLATION AND
TRANSPORT THE INDIVIDUAL TO THE DIVISIONAL DETECTIVES
FOR PROCESSING. THE FIREARM AND AMMUNITION SHOULD
BE PLACED ON A PROPERTY RECEIPT (75-3) AND MARKED AS
“ EVIDENCE”. A 75-48A FOR THE INITIAL STOP MUST BE
PREPARD ALONG WITH A 75-48 FOR THE VUFA ARREST.

ALL COMMANDING OFFICERS/DEPARTMENT HEADS WILL ENSURE THAT ALL PERSONNEL UNDER THEIR COMMAND ARE MADE
AWARE OF THE CONTENTS OF THIS MESSAGE BY
HAVING THE OFFICER SIGN THEIR TRAINING MATERIAL RECEIPT/RECORD. (75-578)

TO BE READ AT ROLL CALL FOR THREE CONSECUTIVE DAYS.

http://fishtown.us/node/17482

=================================
Looks like what we have here, is a failure to communicate.
 
Not sure how accurate this is:
http://paopencarry.org/open-carry-questions-answers#1
1.Is open carry legal in PA?
Answer: Yes, with some restrictions.

Anyone whom can legally own a firearm in the commonwealth can openly carry, on foot, with the exception of court facilities, federal buildings, motor vehicles and cities of the first class (Philadelphia)

Those person possessing a valid License to Carry Firearms are also permitted to carry openly (or concealed) while in a vehicle and in cities of the first class.
What the heck is a city of the first class? Now there are classes of cities? Are there cities of the second and third class?
 
When did this happen? Issues like this with locals needs to be attacked at the city council meetings. You stop it before it starts when the council members know you know that they are accountable for the police department.
You show up as a group like they did on the Town Hall meetings, you have the council members UNDIVIDED attention.
 
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Dup thread.

Is it in the Constitution that when a representative (officer) of the government "doesn't know who you are", that they must find out immediately and at gunpoint, and that it justifies lethal force? :rolleyes:
 
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