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Old March 3, 2013, 01:05 PM   #6
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 18,433
Quote:
Originally Posted by Al Norris
That does not mean that there is no value in this decision. Just that it is inapplicable to those cases wherein a permit or license must be obtained to carry.
Not so fast.

Most of Pennsylvania allows unrestricted open carry, but within a "city of the first class" (Philadelphia), one needs a license in order to carry either openly or concealed. In Connecticut, despite the CT analog to the 2nd Amendment, one must have a permit to carry a handgun but, once you have the permit, open carry is legal (though frowned upon by the aw-thaw-ri-tays). There have been several cases discussed on PAFAO wherein people were stopped, and even arrested, for open carry in Philadelphia. One young man won an award of (IIRC) $25,000 against the Philadelphia PD for arresting him for open carry even though he had a license to carry.

So this case is relevant in such jurisdictions. The point being that, even if you need a license/permit to carry openly, the police cannot assume that every person they see carrying does NOT have a permit until proven otherwise.
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