Philadelphia Police violate rights of open carrier at gunpoint

i bought it when it first came out as well.i think i might have the cassete tape of it.lmao

 

OC, CC or just in general?

 

Don't get me wrong. I'm all for our Constitutional rights, but I do think that if you OC a weapon, your opening a door up to get allot of negative attention, especially from cops, who, in a big city have allot on their plates with a fairly high crime rate. From reading the forum that was posted, it wasn't this guys first dealings with the PPD...and it seems like he's asking for trouble and looking to file a lawsuit for a quick payday. I don't particularly agree with the open carry law. Seems as if something like that is just adding to problems an already stretched thin police force has to deal with. I don't want to elicit a riot on this thread, just stating my opinion. I'm not saying I agree with how the situation was handled, I just kind of see where the cop was coming from. However, he should know the laws he's enforcing.

 

Weather there is a need to carry or not is not the issue it is a right and if he went through all the proper steps to be able to carry then he can, he should have been a little more cooperative and I would have probly done the same as the original cop on the seen if I didn't know the laws for my area even though it's my job to. As for the other cop cussing and being a prick he probly just watches to many movies and Philly P.D. most likely has a law suit on there hands yay for America.

 

The guy carries a recorder as he stated in my post.
seriously.

 

Yeah...hes asking for trouble. Like I said, I'm all for our Constitutional rights, but they aren't put in place as an excuse marker for bad decisions. This fella needs a job or a different hobby to soak up his free time. lol.

 

he was looking for a pay day and wanted proof

 

you hit the nail on the head!

 

Ok... backstory. This guy studied police directives and the state laws concerning open carry. In PA you cannot open carry in a city of the first class, like Philadelphia. This guy found a loophole and is trying to build up a case on it because he doesnt want to get a real job, yet he does want to make alot of money at one time... It is a constitutional right to own weapons NOT CARRY THEM. You APPLY for a permit to carry. I work in West Philadelphia and if someone has a weapon out in the open you contain the subject until you can verify that the permit is valid and the weapon is not stolen. Carrying is a priveledge, and if you feel the need to show the world (defeating the purpose in my eyes) your carrying then this is what youll deal with. These officers did exactly what they are trained to do. If you are not a law enforcement officer in an urban area you really dont know what its like to not know where bullets are flying from half the night. It is common to draw down on people who dont visibly have a weapon because you just dont know. One of my friends brothewrs was killed on the job by a guy who shot him through his jacket pocket. He had no idea he even had a weapon.

Also i find your ignorant comments very offensive about not inviting police into your homes ect.. Thats like saying the men in the navy from Seattle are the gayest.

 

I am sorry but youre wrong....ive OCd all over Philly! and ive never had any problems i guess the cops i came across were more knowledgeable than the ones in the youtube link.... so are you questioning his right to bear arms??

carrying is not a privilege....it is a Right and especially open carry....the people have Rights and the govt only has privileges that we grant them to have

 

I hear ya! Like I said, he's causing un-needed problems for an undrstaffed and stressed police force. I agree with what your saying 100% percent. When I say it could have ben handled differently, I mean the way the officer talked to the supect. I'm sure though, in the situation I would do the same thing though...but I'm not a cop, I don't know what it's like to be in that situation. Cops are always welcome in my home! My dads a retired cop....all the respect in the world for what you guys do.

 

I didn't listen to the audio, and I dont know shit about the laws in PA.

That said, I'd bet my left nut that a condition of legal open carry is that the police have the right to stop you and demand to see your permit. Im sure this guy knows that, and like others stated, the fact that he carries a recorder and is confrontational with police is an indication that the trouble he got was exactly what he was looking for.

Also, if you are carrying a gun, concealed or openly-and are stopped by the police-they have a right to take the gun from you for the duration of the time they're with you. A fact this guy is also well aware of.

I understand the bullshit about it being your right, etc. but common sense has to prevail. It is your right to walk through the ghetto with $100 bills sticking out of your pockets, wearing a tee shirt that says "rob me", but nobody does that because it invites trouble.

I carry my gun EVERYWHERE, but I will never carry it out in the open, even when Florida does approve open carry. It is stupid and pointless.

 

oh yea aggravated assault for exercising civil rights is always the what you gotta do...

On the issue of whether a firearm, by itself, justifies detaining and investigating a person, there
are many federal cases addressing the issue. United States v. Ubiles, 224 F.3d 213 (3d Cir.
2000) declares that possession of a firearm in public, with no other circumstances present, does
not justify a stop. "For all the officers knew, even assuming the reliability of the tip that Ubiles
possessed a gun, Ubiles was . . . lawfully exercising his right . . . to possess a gun in public." See
also United States v. Dudley, 854 F. Supp. 570 (S.D.Ind. 1994), in which the court declared that
a report of persons with guns did not justify an investigative stop. "In short, the Government
failed to establish . . . that some reasonable suspicion of criminal activity, based on articulable
facts, justified this seizure. And, if the stop itself is unlawful, neither Terry nor Michigan v.
Long authorize the police to search the suspects or the suspect's vehicle for weapons, even if the
officers reasonably fear for their safety."
Likewise, the U.S. Supreme Court in Florida v. J.L., 529 U.S. 266 (2000), declared that there is
no "gun exception" to the Fourth Amendment.

 

have you ever seen someone murdered in front of you and not possessed the tools needed to protect your own life or others in the vicinity? I have....

 

I see your point as well...but, the suspect didn't listen to the officer and was being difficult...you have to admit that!

 

exactly,.... well said.

 

so because someone interrupts your day you have to just go along with it??? not saying the guy was/wasnt respectful but they had no reason to stop him in the first place because he was not committing any crime what so ever

 

Ya the guy was pretty dumb..if i was a cop I would be just as jumpy as this cop...if the dude has a liscense to carry a fire arm cool but he still has a gun and could use it. All he needs to do is co-operate and listen to the cop and it would be smoother....

 

If it's a Police Officer...yeah! If he had cooperated it would have been much easier on him IMO.