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Old May 31st, 2019, 02:32 PM #1
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you cannot be stopped for carrying a gun in PA

or:
PA is not MD, part 3567

https://www.pagunblog.com/2019/05/31...g-a-gun-in-pa/

https://blog.princelaw.com/2019/05/3...ion-of-a-crime
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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.
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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.
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Old May 31st, 2019, 02:38 PM #2
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"Must inform" to be activated in 3 ... 2 ...
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Old May 31st, 2019, 02:45 PM #3
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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.”
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Old May 31st, 2019, 02:46 PM #4
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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!
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Old May 31st, 2019, 06:07 PM #5
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God Bless Pennsylvania!

Someday....I'm goin'

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Old May 31st, 2019, 08:30 PM #6
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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"


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Old June 1st, 2019, 09:05 AM #7
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Surprisingly, there are no mentions of the opinion in any of the news outlets.
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Old June 1st, 2019, 12:04 PM #8
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Quote:
Originally Posted by ironpony View Post
"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.

Quote:
Originally Posted by Nobody View Post
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.
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Old June 1st, 2019, 12:42 PM #9
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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.
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Old June 1st, 2019, 01:38 PM #10
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Quote:
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There's almost always something. PC can often be had for something else and lookie here we found a gun too.

MOST, LE are professionals that's what they do.
FIFY
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