It Happens!

[rab]

Just spent the best part of the last three months, as a guest of the Philadelphia county prison system's HOC (House Of Corrections).
After an early session at the range, I left for a doctor's appointment. Forgot to unholster my pistol, and had it on when I went to see my doctor. Someone freaked, and I got to see the "terrorist-takedown" in person. My recreation, work and entire life may be partially ruined! Be careful! There is a Police back-lash that seems to be trying a new direction in their attack on guns!
In Philadelphia, PA;
1. Firearms are not to be carried W/O License
2. Carrying Firearms in Public IS a crime
3. Firearms are not to be carried W/O a License
4. Firearms in a car can now be considered Concealed!
5. All these make possibility of an instrument of crime, w/int.

If this is a worth talking about, It sure could use the opinions and experience on getting over this one. I seems that they have twisted the law to again attack our sport..
Feedback welcome here or at
[email protected]

thanks guys..........

[JERRYS.]

I thought penna had pre-emption and philly couldn't over ride state law. if you have a ccw permit you can carry concealed and or open everywhere except the standard federal restrictions of court house, prisons, police stations, airport sterile areas.

did you not have a ccw permit? if you did, what in the world did they charge you with?

[rab]

No, I have never had the need for a ccw. After about 50+ years of shooting, looks like that will change. The five charges listed are what I'm looking at. Just as listed on my sheet.

[JERRYS.]

I don't know what to say since penna requires a ccw permit for open or concealed carry.

[Jay24bal]

Man, that is bad news, I hope it works out in the manner that is the least harsh option for you in terms of your life and RKBA in the future. That said, step #1 is to HIRE A GOOD ATTORNEY.

I am not a licensed attorney, but I did spend two years in law school and clerked for a state judge (in OH, not PA) while in school. The only thing I can tell you from my experience is the your attorney will make a difference. I assume based on your open confession here, you will not be denying the events took place so your best bet very well may be to plead for leniency, and a good attorney who has a working relationship with the prosecutor and judge will be your best bet in terms of you retaining your rights in the future. Now a lot of that will depend on the views of the court and the prosecutor when it comes to the 2A, but your attorney will know better than any of us here.

In the mean time, chalk it up as a lesson learned. In today's current climate one should assume that any slight misstep related to guns could easily lead to the book being thrown at them.

Good luck.

[Frank Ettin]

As far as I know the laws have been thus in Philadelphia for years and should be well know by Pennsylvania gun owners. The laws might not make good sense and might seem to be oppressive; but no one can expect that the laws will not be enforced.

So I don't see this as a police backlash, or a new interpretation of the laws to attack guns, or any twisting of the law. It appears to be simply the enforcement of existing, longstanding law.

And unfortunately the OP got himself tangled up in those laws.

I agree that his best course would be to hire a qualified attorney and go from there. He's not likely to get any meaningful help here.

In addition what he discusses with his attorney is confidential. But this is a public place and what's said he is available to everyone in the world with Internet access. Discussing one's real life, serious legal matters with a bunch of strangers in public is a lousy idea.

And I think therefore it's best to cut off further discussion.