you cannot be stopped for carrying a gun in PA

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  • danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    or:
    PA is not MD, part 3567

    https://www.pagunblog.com/2019/05/31/you-cannot-stop-for-carrying-a-gun-in-pa/

    https://blog.princelaw.com/2019/05/...-a-firearm-is-reasonable-suspicion-of-a-crime
    Today, the Pennsylvania Supreme Court issued a 53 page majority opinion, a 2 page concurring decision by Justice Baer and a 16 page concurring opinion by Justice Dougherty which Justice Mundy joined, in the case of Commonwealth v. Hicks, which addressed whether the mere open or concealed carrying of a firearm constitutes reasonable suspicion of a crime. ...

    As Mr. Hicks was stopped solely because a city camera saw him carrying a firearm, the Court held that “there being no other lawful basis for the seizure at issue,” the Superior Court’s decision affirming his conviction for DUI had to be reversed.

    Although the carrying of a concealed firearm is unlawful for a person statutorily prohibited from firearm ownership or for a person not licensed to do so, see 18 Pa.C.S. §§ 6105-06, there is no way to ascertain an individual’s licensing status, or status as a prohibited person, merely by his outward appearance. As a matter of law and common sense, a police officer observing an unknown individual can no more identify whether that individual has a license in his wallet than discern whether he is a criminal. Unless a police officer has prior knowledge that a specific individual is not permitted to carry a concealed firearm, and absent articulable facts supporting reasonable suspicion that a firearm is being used or intended to be used in a criminal manner, there simply is no justification for the conclusion that the mere possession of a firearm, where it lawfully may be carried, is alone suggestive of criminal activity.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,359
    SoMD / West PA
    Glad to see PA superior court is living up to it's constitution "shall not be questioned"!

    Article I, section 21 of the Pennsylvania State Constitution states: “The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.”
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,142
    Similar case several years back... in the Carolinas iirc, same result. Carry, where legal, and without some other reason, does not constitute RAS.

    You papers, please!
     

    Nobody

    Ultimate Member
    Jan 15, 2009
    2,810
    I think it was Deberry V. US that ruled "the carrying of a firearm where legal shall not be the sole reason for a stop"


    Nobody
     

    nedsurf

    Ultimate Member
    Feb 8, 2013
    2,204
    "Must inform" to be activated in 3 ... 2 ...

    The officer still needs RAS or PC of a crime to initiate the stop to get to where the 2A exercising citizen must inform.

    I think it was Deberry V. US that ruled "the carrying of a firearm where legal shall not be the sole reason for a stop"


    Nobody

    Correct.

    I wonder how it would play out in MD if someone is stopped solely for carrying a long gun where legal, is charged with something or sued the agency for a 1983 violation.
     

    mac1_131

    MSI Executive Member
    MDS Supporter
    Jan 31, 2009
    3,280
    There's almost always something. PC can often be had for something else and lookie here we found a gun too.

    LE are professionals that's what they do.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    This case is a little different then many of the others that we've seen because in those cases, it dealt with unlicensed open carry. In this case, a license was required.
    Glad the court recognized the large number of CCWers in PA and also acknowledged the vast majority are law abiding. It's just like driving a vehicle; the police can't pull over people just because they suspect someone may not have a license.
     

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