No permit is required for open carry, but the refusal to provide identification I think will count against them. There was cause to ask for it, they were responding to a call about someone brandishing firearms. The check of a city registry for the serial numbers on a firearm is a very questionable act and steps into the realm of harassment. Disarming those they're talking to while investigating a crime seems valid, but failure to return the firearms at the end of the conversation does not. Failure to return a firearm incident to arrest is a whole different matter.
As I assume that PA has laws against fellons possessing firearms, the identification check seems like a valid procedure in any case. The lawsuit will likely prevail on the serial check, fail on the illegal detention, and wash on the harassment issues.
"Papers please" is something out of an old Nazi war film.
/johnny
What percentage of people of whom the cops check ID will be felons? Does it seem like they're limiting their actions to cases with anything even remotely resembling probable cause?
That having been said, what if the cop were to discretely ask the waiter to replace the suspect's water glass while being careful to only touch the rim, and then to later retrieve that water glass (again only touching the rim)? The cop could then suggest to the suspect that, if he prefers, the cop could run his prints. See what the reaction to that would be.
Did they identify themselves, drivers license or something? That is all they needed to do and the Police could have ran a warrants check and everything would be good. PA has presumption like Virginia does and no local areas can change the guns laws of the state. The local police went our of their way and are going to get slammed if not by the district judge then by the appeal court. Presumption is one of the greatest thing they ever came up with protecting your rights. More people pay attention to state politics tan keeping up with every little town’s meetings.