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Old October 8, 2010, 09:44 PM   #23
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 18,457
I see two problems here:

1) Pennsylvania recognizes carry permits from a number of other states. Given that there is currently a court case on-going over the fact that Philadelphia has illegally arrested people for lawfully carrying with a Florida license, and unlawfully confiscated their firearms, I would have expected to see mention that out of state permits are valid ... or a list of which out of state permits are valid.

2) I don't think this directive passes constitutional muster. It is illegal to operate a motor vehicle without a license, too, but you don't see the Philadelphia police stopping every car on the streets until they can verify that the driver has a license, and that the license is current and valid. The legal basis for making a Terry stop is that there must be a "reasonable suspicion" based on clearly articulable facts on the part of the officer that a crime is being committed, has been committed, or is about to be committed. Having just been informed that open carry is legal within Philadelphia if the carrier has a carry permit ... what possible "reasonable suspicion" of a crime can there be just from seeing a person wearing a firearm in a holster? What clearly articulable fact could possibly turn that into a potential criminal act?
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