The state of Pennsylvania allows citizens to openly carry their handguns with no permit being required. For some people the right of open carry is one they exercise to the fullest. For others it is something they can not understand, and often feel uneasy in the presence of those who do carry. As many people do not know the laws in their own state it leads to fear and police involvement.
As an example in May of 2008 members of the Pennsylvania Firearm Owners Association met for an open carry dinner at The Old Country Buffet in Dickson City. (Damage control, 2008) As a result patrons inside who were unaware of the law and uneasy with the idea complained to management who in turn called the local law enforcement. When the officers arrived they proceeded to insist that everyone one open carrying come outside with them.
As members of the group went outside they were told to produce identification and permits, which several members of the group say is not necessary when you open carry. As one wife filmed the proceedings they told her to stop filming and when she refused to consent the officers demanded she stop she complied, but let them know she did not consent. A long process of owner and gun identification followed, with the district attorney's office involved looking up case law to try and figure out if the group broke any law.
One member of the group who refused to produce papers at the time was Rich Banks. He did however agree to verbally identify himself, and found himself cuffed and in the back of a cruiser before it was all over. "At the time the officers placed him under arrest he did inform the officers that he was also carrying a concealed weapon." (armed_citizen, 2008) That had an end result of being confiscated until he could prove ownership, as it was not listed in the database. Pennsylvania does not have a registration requirement for handguns.
Damage control, . (2008, April 11). Pa. patriot arrested at the oc dinner @ the old country buffet in dickson city 5/9 [Online Forum Comment]. Retrieved from http://forum.pafoa.org/open-carry-144/21292-pa-patriot-arrested-oc-dinner-old-country-buffet-dickson-city-5-9-a.html
armed_citizen, . (2008, May 21). The dickson city police report - what we expected, only worse . Retrieved from http://guntruth.blogspot.com/2008/05/dickson-city-police-report-what-we.html
Whatever happened with the lawsuit? Besides the police violating several PA laws, they also violated these people's civil rights -- like the right to videotape the police. Were any of these police officers punished?
ReplyDeleteWould be an easy civil rights lawsuit to win.