danb
dont be a dumbass
or:
PA is not MD, part 3567
https://www.pagunblog.com/2019/05/31/you-cannot-stop-for-carrying-a-gun-in-pa/
https://blog.princelaw.com/2019/05/...-a-firearm-is-reasonable-suspicion-of-a-crime
PA is not MD, part 3567
https://www.pagunblog.com/2019/05/31/you-cannot-stop-for-carrying-a-gun-in-pa/
https://blog.princelaw.com/2019/05/...-a-firearm-is-reasonable-suspicion-of-a-crime
Today, the Pennsylvania Supreme Court issued a 53 page majority opinion, a 2 page concurring decision by Justice Baer and a 16 page concurring opinion by Justice Dougherty which Justice Mundy joined, in the case of Commonwealth v. Hicks, which addressed whether the mere open or concealed carrying of a firearm constitutes reasonable suspicion of a crime. ...
As Mr. Hicks was stopped solely because a city camera saw him carrying a firearm, the Court held that “there being no other lawful basis for the seizure at issue,” the Superior Court’s decision affirming his conviction for DUI had to be reversed.
Although the carrying of a concealed firearm is unlawful for a person statutorily prohibited from firearm ownership or for a person not licensed to do so, see 18 Pa.C.S. §§ 6105-06, there is no way to ascertain an individual’s licensing status, or status as a prohibited person, merely by his outward appearance. As a matter of law and common sense, a police officer observing an unknown individual can no more identify whether that individual has a license in his wallet than discern whether he is a criminal. Unless a police officer has prior knowledge that a specific individual is not permitted to carry a concealed firearm, and absent articulable facts supporting reasonable suspicion that a firearm is being used or intended to be used in a criminal manner, there simply is no justification for the conclusion that the mere possession of a firearm, where it lawfully may be carried, is alone suggestive of criminal activity.