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Open Carrier has difficulty in Philadelphia

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  • Open Carrier has difficulty in Philadelphia

    Interesting story I heard on the radio.




    Unfamiliarity With The Law Causes Problem For Citizen
    A YouTube posting of a man hassled by city cops for openly carrying a gun has made waves far and wide.

    A police officer’s job is to uphold the law, correct?

    But what happens when a cop doesn’t know the very law he’s supposed to uphold?

    This problem may be going on in Philadelphia.

    I recently corresponded with a Montgomery County man who found himself in a tizzy with Philly’s finest.

    So, just what did Mark Fiorino do? He was openly carrying his firearm while walking the city streets.

    Fiorino is a gun rights advocate who engages in the process of what’s known as “open carry,” or carrying one’s gun outside the clothing, in a fully visible way.

    Fiorino says he prefers to carry this way for comfort.

    Now, some may question Fiorino’s decision to carry an openly holstered handgun on his belt. I, however, am not here to discuss the merits of open versus concealed carry.

    My aim is to raise awareness of the fact that in Pennsylvania, the law does, in fact, permit the open carrying of firearms–even in Philadelphia.

    Many citizens may be surprised to find this out.

    In fact, anywhere outside Philadelphia, one doesn’t even need a carry license to openly display their weapon; within city limits, however, a license is needed to carry this way.

    Now granted, the sight of an openly carried gun is not that common.

    But it’s somewhat disconcerting to learn that those paid to uphold the law would be unaware of the practice’s legality.

    Fiorino was walking down the street one day mid-February when he heard someone call out in his direction. That’s when he turned to see a cop pointing a gun at him.

    An audio clip of the incident was recently posted to Youtube, and can be heard here: http://www.youtube.com/watch?v=Z-vUY...eature=related.

    (Editor’s Note: The clip contains profane language).

    It’s clear from the audiotape–the clip has generated a decent response, getting reposted to sites far and wide– that officers were less than pleased with the sight of an openly carried gun.

    But here’s the problem: being displeased with the act, and believing it to be against the law are two very different things.

    My question is this: why didn’t the cops in this situation know open carry is legal in Pennsylvania?

    According to the Pennsylvania Municipal Police Officers' Education & Training Commission, all officers of the commonwealth are instructed on the legality of open carry.

    (A friend of mine, a police officer in a nearby suburban municipality, confirmed officers are taught open carry is legal in Pennsylvania).

    If the cops in this incident were aware of the practice’s legality, they most likely wouldn’t have held Fiorino at gunpoint.

    One officer is heard on the tape saying guns have to be concealed in Philadelphia.

    “I believe I’m right,” the cop, a sergeant, is heard repeating.

    This is not true. Yes, you need a carry license to conceal, but because you have a license doesn’t mean you have to conceal. The word “concealed” is found nowhere on a Pennsylvania License to Carry Firearms.

    These police officers clearly weren’t up on their training. Why is it that I can look up the state statute with regard to carrying a firearm, but some police officers apparently have trouble with this?

    If the police officers of our commonwealth don’t know the laws they are paid to uphold, it’s a serious problem in my opinion, and one that could have disastrous results.

    Why is it that police tell civilians that ignorance of the law is no excuse when a law is broken, but in the same breath they seem to be insinuating that ignorance of the law is a defense on their part? There seems to be a double standard here.

    But there’s more to this story than ignorance of the law. The professionalism, or lack thereof, on the part of the involved officers raises some issues.

    The cops are heard on the audiotape cursing Fiorino and berating him during the encounter. Is that really necessary?

    Fiorino is heard on the tape offering up his driver’s license and carry license from the get-go, a clear attempt to put officer’s minds at ease that he’s no criminal, and defuse the situation.

    Still, he’s met with nastiness and hostility. Now, I wasn’t there, and can only go by what is heard on the tape.

    Still, it leads me to question the decorum on the part of the police department. Do city officers really want to be perceived as unprofessional?

    I know my fair share of city cops, and most are honest, nice, hardworking people, so it’s not Philly officers on the whole I have a problem with.

    At the same time, courtesy and knowledge of the law are extremely important parts of being a police officer.

    Actually, the latter is crucial.

    I love our city. But I don’t love to hear of incidents like this, where a citizen has his rights trampled by unprofessional, at best, unqualified, at worse, public servants.

    While Fiorino’s incident happened in Northeast Philadelphia, it could have easily been the Northwest, or any part of the city for that matter.

    It remains to be seen if such a situation will be repeated, but given the apparent ignorance of the “open carry” law, it’s highly possible someone else can find themselves on the wrong side of a city cop’s service pistol.

    Let’s hope a little education is in order.

    Are you surprised to learn "open carry" is legal in Pennsylvania? Tell us in the comments.

  • #2
    A news story with video??? Fuck, the matrix has been compromised.
    Originally posted by talisman
    I wonder if there will be a new character that specializes in bjj and passive agressive comebacks?
    Originally posted by AdamLX
    If there was, I wouldn't pick it because it would probably just keep leaving the game and then coming back like nothing happened.
    Originally posted by Broncojohnny
    Because fuck you, that's why
    Originally posted by 80coupe
    nice dick, Idrivea4banger
    Originally posted by Rick Modena
    ......and idrivea4banger is a real person.
    Originally posted by Jester
    Man ive always wanted to smoke a bowl with you. Just seem like a cool cat.

    Comment


    • #3
      Originally posted by idrivea4banger View Post
      A news story with video??? Fuck, the matrix has been compromised.
      No worries, it's only audio.

      Comment


      • #4
        While apparently legal, seems like a good way to get shot by a cop.

        Comment


        • #5
          I love when cops do not know the law, yet they tell us ignorance is no defense. I guess that's unless you wear a badge. And he was charged with disorderly conduct for what? For "setting them up?" How about not bothering law abiding citizens with lethal force?
          I wear a Fez. Fez-es are cool

          Comment


          • #6
            Originally posted by Jimbo View Post
            No worries, it's only audio.
            Ok good. I almost took the wrong pill.
            Originally posted by talisman
            I wonder if there will be a new character that specializes in bjj and passive agressive comebacks?
            Originally posted by AdamLX
            If there was, I wouldn't pick it because it would probably just keep leaving the game and then coming back like nothing happened.
            Originally posted by Broncojohnny
            Because fuck you, that's why
            Originally posted by 80coupe
            nice dick, Idrivea4banger
            Originally posted by Rick Modena
            ......and idrivea4banger is a real person.
            Originally posted by Jester
            Man ive always wanted to smoke a bowl with you. Just seem like a cool cat.

            Comment


            • #7
              Originally posted by Taylor View Post
              While apparently legal, seems like a good way to get shot by a cop.
              Agreed, which is why I found it interesting. If following the law can get you shot, something needs to be changed about the situation. The question is, are you ok with denying the citizens rights under the law, or do we as a society need to concentrate on changing the officers behavior?

              Comment


              • #8
                I think that is embarrasing for the police of Philly. But it could happen anywhere. Also, I think that guy was trying to get attention by open carrying. But, the cops were def. wrong for holding him at gun point for that. It always seems like the ones who don't know the law get exploited, they never show videos of cops who handle a difficult situation well.
                04 2.6 KB'd Cobra!

                Originally posted by Sean88gt
                There is something about her that just makes my dick completely take over any thought process. If Russell Brand were on top of her, I'd fuck him just to say I pushed a dick inside of her.

                Comment


                • #9
                  Originally posted by Taylor View Post
                  While apparently legal, seems like a good way to get shot by a cop.
                  Why would he get shot? Wouldn't he have to reach to pull it out, or already have it pulled out before the cop would shoot him?

                  Comment


                  • #10
                    Waits for the "he was looking for trouble" defense from the DFWmustangs PD....
                    Originally posted by racrguy
                    What's your beef with NPR, because their listeners are typically more informed than others?
                    Originally posted by racrguy
                    Voting is a constitutional right, overthrowing the government isn't.

                    Comment


                    • #11
                      Originally posted by Jimbo View Post
                      Agreed, which is why I found it interesting. If following the law can get you shot, something needs to be changed about the situation. The question is, are you ok with denying the citizens rights under the law, or do we as a society need to concentrate on changing the officers behavior?
                      Absolutely about changing (reverting?) society as a whole, not just law enforcement. Police officers are subject to influence from the same liberty-crippling ideologies that are propagated to all people in this nation. Maybe even more susceptible to it because certain protected liberties are at times in opposition to otherwise honest law enforcement.

                      I'm still on the fence about officers going for the pistols first, and asking questions second. I understand and accept why they do it in practice, but disagree in principal. It's subjective, but the problem is when they are wrong, as illustrated in this case when they drew their weapons seemingly without cause except through their own ignorance of the law and evident bias against citizens carrying firearms openly.

                      Originally posted by slowyellow View Post
                      I think that is embarrasing for the police of Philly. But it could happen anywhere. Also, I think that guy was trying to get attention by open carrying. But, the cops were def. wrong for holding him at gun point for that. It always seems like the ones who don't know the law get exploited, they never show videos of cops who handle a difficult situation well.
                      Things going the way they should are not generally newsworthy, unfortunately.

                      Originally posted by mstng86 View Post
                      Why would he get shot? Wouldn't he have to reach to pull it out, or already have it pulled out before the cop would shoot him?
                      One would hope. ND's happen. If I ever find myself on the business end of a service pistol(s) with a cop(s) attached, I'm damn sure going to do everything they say, very slowly, exactly as they tell me, probably with an asshole pucker factor of 12 the entire time.
                      Men have become the tools of their tools.
                      -Henry David Thoreau

                      Comment


                      • #12
                        Originally posted by Broncojohnny View Post
                        Waits for the "he was looking for trouble" defense from the DFWmustangs PD....
                        No excuses. The officers should have known it was legal to open carry. I have been watching the Texas one closely so I know exactly when it goes into effect after it passes.

                        Comment


                        • #13
                          Originally posted by MOSFET View Post

                          One would hope. ND's happen. If I ever find myself on the business end of a service pistol(s) with a cop(s) attached, I'm damn sure going to do everything they say, very slowly, exactly as they tell me, probably with an asshole pucker factor of 12 the entire time.
                          Ive been there. My reaction was confusion, but its definitely a pucker moment. Level 12 or better, lol.

                          Comment


                          • #14
                            I respect all officers, but many times I’ve had run ins with them and they don’t know the laws and try to tell you otherwise....then you ask for the supervisor and they try to threaten you by arresting you... not saying I’m right just that its happened more than a few times.... like when I didn’t want to give my wife my car when she was leaving me, I was like I am not giving her my car under my name, and the cop was like you wanna go to jail son? Huh? and turns me around and hand cuffs me...... or when I was getting my tools out of my old shop with my business partner had a falling out again cop was like you can’t touch your stuff you have to go to court but your partner can keep them, and me showing the cop 50/50 partnership papers he made me leave my shop or your going to jail.......


                            Oh and cops can set you up and get surveillance on you, but if you record them it gets personal..... its stiring shit up. im telling you its a double edge knife... because they are there to help out as well.....

                            Comment


                            • #15
                              Originally posted by mstng86 View Post
                              Why would he get shot? Wouldn't he have to reach to pull it out, or already have it pulled out before the cop would shoot him?
                              Wasn't all that long ago when the an officer accidentally shot a man he had at gunpoint because he was trying to use the attached flashlight pressure switch.
                              Jon

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