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PA open carry activists file suits against Dickson City police
The New Gun Week ^ | 1 July, 2008 | David Workman

Posted on 07/11/2008 3:00:00 PM PDT by marktwain

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To: riverrunner
So you say a felon just needs to strap it on. Why not everyone just strap one on and lets get to the fast draw contest. Survival of the fittest.
41 posted on 07/11/2008 5:07:22 PM PDT by gunnedah
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To: riverrunner
So you say a felon just needs to strap it on. Why not everyone just strap one on and lets get to the fast draw contest. Survival of the fittest.
42 posted on 07/11/2008 5:07:26 PM PDT by gunnedah
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To: kingu

“It was a criminal investigation”


It seems to me that the above is a contention that will be settled by the law suit. The tape of the 911 call will be most informative.


43 posted on 07/11/2008 5:09:13 PM PDT by marktwain
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To: gunnedah

” Survival of the fittest.”


We already are there. We have never left. Some people just don’t want to recognize it.


44 posted on 07/11/2008 5:11:15 PM PDT by marktwain
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To: kingu

“failure to produce identification is cause for detention until identification is established.”


Are you claiming that U.S. Citizens are required to carry ID to avoid being detained? I do not believe this to be true. I think a verbal identification can be sufficient.


45 posted on 07/11/2008 5:15:19 PM PDT by marktwain
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To: gunnedah

You have been watching way to many westerns. There were a lot less actual face to face shoot outs then the movies would have you belive. Most felons did not last long when they did.

So your wife/husband just says you are a abuser you lose your rights there are many classifications of people who are not felons who can’t not carry.

You can tell the bad guys form the good guys the bad guys shoot at you the good guys don’t.

Once a felon, most all the time a felon so do you relly think the law stops them from carring now. Way to many felons are arrested each year to know that isn’t true.

Crimnals break the law that is why they are crimnals.


46 posted on 07/11/2008 5:18:10 PM PDT by riverrunner
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To: marktwain
“failure to produce identification is cause for detention until identification is established.”

Sounds like, "Show us your papers" kind of thing. I believe Germany back in the late 30's and early 40's had such a policy.

47 posted on 07/11/2008 5:23:28 PM PDT by The Cajun
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To: kingu

I wonder if the police at the scene made any attempt to establish who made the actual complaint? After all, you need a witness, right? A voice on the phone to a 911 operator that somebody “brandished” a weapon would not seem to be sufficient evidence if when I walk in the door I observe everybody peacefully eating.

Given the training-level of some 911 operators, I’d take any report passed thru them with a huge grain of salt.

That said, I’d have produced the ID if the officer had asked for it — just out of courtesy. But it all depends on how the officer behaved. I mean I might not have if I was abruptly being ordered around.


48 posted on 07/11/2008 5:27:51 PM PDT by Tallguy (Tagline is offline till something better comes along...)
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To: riverrunner
All 911 lines have caller ID but if the caller blocks it they can not tell who is calling

Sorry, you are wrong. They can --always-- tell who is calling, or can find out.

49 posted on 07/11/2008 5:32:05 PM PDT by ikka
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To: Tallguy

“I wonder if the police at the scene made any attempt to establish who made the actual complaint? After all, you need a witness, right? A voice on the phone to a 911 operator that somebody “brandished” a weapon would not seem to be sufficient evidence if when I walk in the door I observe everybody peacefully eating.”


It doesn’t seem to exactly apply in this case, but a Supreme Court decision established that an anonymous call saying that a person was illegally armed was not sufficient probable cause to search them.


50 posted on 07/11/2008 5:33:37 PM PDT by marktwain
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To: ikka
riverrunner posted:

“All 911 lines have caller ID but if the caller blocks it they can not tell who is calling”

ikka replied:

“Sorry, you are wrong. They can —always— tell who is calling, or can find out.”


I believe you both are correct. The state of the equipment of 911 operators varies all over the nation. They may not be able to tell who is calling at a particular station, but they can always get a warrant to determine who called, or more properly, what telephone the call was from, by using the telephone company records.
51 posted on 07/11/2008 5:37:47 PM PDT by marktwain
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To: marktwain

These officers were way out of bounds. Without any probable cause of a crime being committed there was NO justification for any investigation and no basis for demanding ID. These guys obviously slept though their last Act 120 (PA State
Municipal Police Certification) updates during the section about needing probable cause to detain someone, and the citizen was entirely within their rights to tell you to piss off and not ID themselves if you didn’t have PC to suspect a crime was being committed.

There is NO APPLICABLE SECTION in PA Title 18 (PA Crimes Code) to charge for open carry. Here’s a tip to the Chief ..............IF IT AIN’T IN THE CRIMES CODE IT AIN”T A FRIGGIN CRIME YOU MORON


52 posted on 07/11/2008 5:44:44 PM PDT by E.Allen
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To: marktwain

I remember reading the initial report in the local paper about this. The man that got cuffed & searched also had a conceal handgun. I believe that it was this handgun that was confiscated when it didn’t show up in the “police registry” — whatever that was.

I’m not excusing what the police did, necessarily. Just trying to provide some information so that others can make a little more sense of the situation.


53 posted on 07/11/2008 5:45:02 PM PDT by Tallguy (Tagline is offline till something better comes along...)
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To: marktwain
They can actually do more than that. I was in the industry for a while.... and recently called 911 from a cellphone registered.... not here.

For cell phones, they can block the phone from receiving other calls and you have to enter a code to unlock it.

My 911 call went to the duty station where I got the number {but not the phone} (long way away), I requested my local 911 exchange by proper name, got the operator, and explained the problem.

And they have the number, plus the blocked phone if they decide to check phones.

Fortunately, it was just a property crime. No criminals, children, animals or liberals were harmed.

/johnny

54 posted on 07/11/2008 5:45:35 PM PDT by JRandomFreeper (Bless us all, each, and every one.)
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To: Tallguy
“I’m not excusing what the police did, necessarily. Just trying to provide some information so that others can make a little more sense of the situation.”

I appreciate your efforts. The more information, the better, as far as I am concerned.

If you are locally in the area, your reports are all the more valuable!

55 posted on 07/11/2008 5:49:53 PM PDT by marktwain
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To: gunnedah
I believe a person should be able to carry a gun but I believe like driving a car they should have to produce a permit when requested in public by a police officer or the owner of an establishment.

That's like saying" "I believe a person has a right to free speech, but before exercising it, they should have government permission and approval by means of a government issued permit that they must show to any police officer or the owner of an establishment if applicable."

56 posted on 07/11/2008 6:02:29 PM PDT by A. Patriot (CZ 52's ROCK)
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To: marktwain
The facts are;
This person was carrying a firearm that would not show up on the National Register.

This person has a long running beef with the local LEO’s in this town and the restaurant was picked to force a confrontation.

This person stated on a PA firearms web site that he removed his I.D prior to going to diner.

This person is a FFL in PA and knows the laws.

This person runs an Open Carry web site.

This person's Wife just happen to have a camcorder to record the whole event.

My opinion;
Tactics like this will not further our cause. A better method would have been to sit down with the local LEO’s and bring them up to speed on the OC laws in PA.

This will not end well. A retention holster was not used. Meaning a felon could snatch said firearm and use it in a family restaurant.

This was a setup from the word go.

This is not responsible firearm.

Me;

I've had first hand knowledge and dealings with the person in question.

I resent the fact that I now have to pay for a suit that could have been avoided in the first place.

I am an 16 year NRA member.
I am a GOA member.
I am a pain in the in the rear for any anti-firearm cause.
Concealed Carry permit holder in PA for over 15 years.

I now await the feed back and personal attacks.

57 posted on 07/11/2008 6:48:04 PM PDT by stimpy17 (Home of the free because of the Brave.)
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To: marktwain

Bookmark this to hopefully see reports on how the lawsuits turn out.


58 posted on 07/11/2008 6:58:30 PM PDT by Dagny&Hank
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To: Enterprise

Story is in PA.


59 posted on 07/11/2008 7:07:47 PM PDT by School of Rational Thought (Truthism Watch)
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To: stimpy17
stimpy17 said: "Tactics like this will not further our cause. "

You should study the racial civil rights movement. You will see that much unjustified police action was recorded and broadcast as a result of purposefully seeking confrontations.

Do you think Rosa Parks didn't further the cause of equal treatment on public transportation?

If you are in the right, the public will tire very quickly of seeing the police ignoring your rights.

60 posted on 07/11/2008 7:09:36 PM PDT by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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