Posted on 06/26/2012 8:40:47 AM PDT by marktwain
A comment thread recently begun by an individual on the Pennsylvania Firearms Owners Association's (PAFOA) online forum focuses on a "no weapons" rule in effect along the Saucon Rail Trail.
A bench dedicated to the memory of fallen Freemansburg police officer Robert Lasso--who was shot to death by George Hitcho in August 2011--is located along the trail in Hellertown's Water Street Park.
A PAFOA user from Northampton County named Micky writes that when walking the popular trail in the borough, he stopped to read a sign that outlines rules for its use.
"Now, for once, I did not have my weapon on me, nor did my wife," Micky wrote June 13. "Part of (the sign) said 'no weapons.' Now, the trail isn't privately owned, so I was asking myself 'wtf?'"
Micky writes that he was concerned about his Second Amendment right to possess a firearm possibly being infringed upon, and subsequently called the Borough of Hellertown for more information about the posted rule.
He ultimately visited Borough Hall, where he spoke to a Hellertown police officer, acccording to the account posted online.
"(The officer) said that yes, OC (Open Carry)/CC (Concealed Carry) are legal, and that the law is aimed more at hunting rifles, because the trail goes through the woods, and they don't want hunters taking their rifles and hunting off the trail," according to Micky. "He also said, however, that if I carried a handgun, to keep it concealed. I asked why?"
The officer, Micky writes, "said that while OC (Open Carry) is legal, that if they got a call from someone saying that there is a man with a gun on the trail, they'd respond, detain me momentarily, 'take my weapon, and check to see if it's registered.'"
Micky says he was concerned about this answer, and other PAFOA members offer varying opinions about it on the lengthy comment thread that follows.
"Why take my gun? What registry are you talking about?" he asks.
I see nothing wrong with an officer that has been called out on a gun report to check out what is happening. I imagine the registration comment probably meant a check to see if the weapon had been reported as stolen or used in a crime.
“shot to death by George “Don’t come in my fenced yard and shoot my dogs” Hitcho”....
Does that now mean "No Forks"?
Unless you are breaking the law, or he suspects you are, the cop has no lawful reason to detain you, seize your gun, demand your ID, detain you for any length of time, etc...
If my understanding of PA law on the state occupying the entirety of firearms law, the question would seem to have been moot. As to what the cop told him about OC, that’s the never-ending discussion of rights vs. privileges as well as the infighting among gunnies about the tactical soundness or error of OC.
I’m ok if LOCOMOTIVES were ALLOWED on the RAIL-TRAIL!!!
Why would there be a police report? The article said nothing of that. If the cops did not respond to a call that someone was on the trail armed, and someone got hurt. Would that be ok? That’s why we want to be able to carry in state and federal parks, because there are crazy people out there. How do the cops know if someone is or isn’t breaking the law, without investigating? Suppose the person was a felon and it was illegal for him to be armed or they were of middle eastern ethnicity? My info is available already.
Are you okay with guns on the rail trail?
Well I am okay with the US Constitution including the 2nd Amendment, so the answer has to be yes.
My wife and I hike all over Eastern PA often in locals were during the week there are few other people around, many times no cell coverage. Just let me state that neither of us intend to become victims.......................
That death is the absolute proof that yo u should be armed on that trail (and anywhere else!)
How do the cops know if someone is or isn’t breaking the law, without investigating?
Don’t understand your point.
Are you saying that if I am sitting in my car outside a bank a police officer has the right or need to investigate if I might be planning on robbing the bank?
Surely they don’t know if I am breaking the law or not if they do not investigate..
Why would there be a police report?
Any time you are dispatched on a call, a record of that call and what occurred as a result of the call, are made.
So...are you saying that Americans of middle eastern ethnicity....can't be law abiding, gun carrying folks?
It’ll be a fine day when it can be safely assumed that everyone is sufficiently armed to defend themself.
Guns... pistols, rifles, bazookas, ammo. YES
People....not so much. Especially the open muzzle, rapid-fire ones with dumb-dumb rounds.
Seriously? You're being serious here?
The police have no right to start investigating your legal ability to carry a gun unless they can demonstrate probable cause: e.g. that you are a felon or that you are carrying out a felony.
If OC is legal, there is no probable cause involved in simply carrying a gun.
If someone from the bank were to call the police and say that you were doing something that they felt warranted investigation, then yes. In this case, it was someone on the trail reporting what they thought was something worth reporting.
OK, I have no problem with that, why should I? I have to show my ID everytime I go to work, or use a check or buy a gun, doesn’t bother me.
Of course not. Why would you even think that?
“Don’t understand your point.”
I think the point was being made in the context of a police call. At that point, the police are obligated to investigate.
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