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Old November 26, 2012, 11:48 PM   #24
Aguila Blanca
Senior Member
Join Date: September 25, 2008
Location: CONUS
Posts: 9,728
Originally Posted by Pond, James Pond
I think the video'er's remark about whether they would stop every car hit the mark: the police officer answered "no" unless there was a violation: precisely the opposite that was happening with the OC guy: no evident violation, but being effectively stopped all the same....
That's the crux of the issue. The police in Philadelphia can't get it through their heads that the mere fact of carrying a GUN! is not a violation. It seems even our friendly local moderator/legal eagle Frank Ettin has fallen into the trap of seeing open carry as a prima facie criminal act, which must be investigated, and the license to carry provides only an affirmative defense. Very simply, that is not the case. What the Philadelphia police can't bring themselves to acknowledge is that, for someone who has a license to carry firearms (LTCF), open carry IS legal. It is no more a violation for me to carry a handgun openly in Philadelphia than it is for me to drive a motor vehicle on the streets of Philadelphia. I have both licenses. Yet the Philadelphia police acknowledge that they can't stop a car and check the license of the driver unless there is evidence of some other violation, yet they do NOT like to acknowledge that they can't stop an open carrier to check for the LTCF unless they have specific, "clearly articulable" (in the words of the U.S. Supreme Court) facts suggesting that the subject does NOT have a LTCF and is therefore engaging in an unlawful activity.
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