Violated in Pennsylvania for open-carry!
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Thread: Violated in Pennsylvania for open-carry!

  1. #1

    Violated in Pennsylvania for open-carry!

    Hello everyone! I'm new to this board but have been posting over at opencarry.org and pafoa.org for a little while now. I wanted to share with you what happened to me in Wilkes-Barre on Saturday June 7th.

    I was out for a walk after dinner (open-carrying).
    Wilkes-Barre City police stopped me because someone called 911.
    My firearm was taken from me.
    I was cursed at and insulted.
    Then I was told that open-carry is not allowed.
    That only police officers can open-carry.
    And that Pennsylvania doesn't recognize any out-of-state concealed carry permits.
    They gave no legal reason for the seizure of my firearm and issued no receipt.
    And if I wanted my firearm back I would have to go down to police HQ on Monday with a lawyer.
    I have contacted an attorney and am following his instructions.

    Your thoughts, comments and suggestions would be greatly appreciated.
    A.J.

    PAFOA.ORG Violated in Wilkes-Barre for open-carry!

    OPENCARRY.ORG Legal help - City of Wilkes Barre, PA Police pull a Dickson City, then retreat under cone of silence - Pennsylvania - Stories From The States - OpenCarry.org - Discussion Forum

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  3. #2
    Join Date
    Sep 2007
    Location
    Gray Court, SC
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    Welcome to the forum mystery_man. From what I read on the other forums you did a good job and I'm glad you got your firearm back. Did they apologize to you or say anything at all? Let us know what happens at the WB city council meeting on 7/10. Any details would be appreciated in case of someone else has a similar problem. Once again Welcome!
    USAF Retired, CATM, SC CWP, NH NR CWP, NRA Benefactor
    To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike, especially when young, how to use them... -- Richard Henry Lee, 1787

  4. #3
    Still waiting to see if he got his gun back I think.This could start a long court case but I hope it does not. It may be a harrasment case.

  5. #4
    Join Date
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    Quote Originally Posted by kwo51 View Post
    This could start a long court case but I hope it does not.
    That depends on who pays the legal fees. A long case where the government loses and has to fork over cash can be a good way of teaching them a lesson about respecting the rights of citizens.

    I'd like to one day start my own firearm legal organization, and just go around suing the pants off governments, companies and individuals who violate 2A rights. An added twist could be not just taking to court whoever has the deepest pockets, but all parties involved - the city, the police department, the individual officers, etc, and trying to get them on criminal charges as well. The idea would be to not just win a single case on an issue, but take a scorched earth approach that would serve as a warning to everyone else.
    Silent Running, by Mike and the Mechanics

  6. #5
    Quote Originally Posted by Red Hat View Post
    Did they apologize to you or say anything at all? Let us know what happens at the WB city council meeting on 7/10. Any details would be appreciated in case of someone else has a similar problem.
    They did not apologize or say anything... they just gave me my firearm back. I will definitely let you guys know what happens at the Wilkes-Barre City council meeting. If there are any members in the forum who would be interested in attending, please contact me or follow the links below.
    A.J.

    PAFOA.ORG City council ~Wilkes-Barre~ July, 10 at 6PM

    OPENCARRY.ORG City council ~Wilkes-Barre~ July, 10 at 6PM - Pennsylvania - Stories From The States - OpenCarry.org - Discussion Forum

  7. #6
    Join Date
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    Let me first say welcome to USA Carry, Mystery_Man! We're glad to have you!

    Secondly, I am also a member of OCDO. Where might I be able to find this story there?

    Thirdly, that's terrible what happened to you. Even if the department did not apologize to you personally, let's just hope that the arresting officer was appropriately reprimanded and/or disciplined by his superiors and that they don't ever to this again to anyone else.

  8. #7
    Quote Originally Posted by tattedupboy View Post
    I am also a member of OCDO. Where might I be able to find this story there?

    Even if the department did not apologize to you personally, let's just hope that the arresting officer was appropriately reprimanded and/or disciplined by his superiors and that they don't ever to this again to anyone else.
    Hey tattedupboy! Here is the link for the story posted over at OCDO: Legal help - City of Wilkes Barre, PA Police pull a Dickson City, then retreat under cone of silence - Pennsylvania - Stories From The States - OpenCarry.org - Discussion Forum

    Also, I seriously doubt that any of the officers were reprimanded and/or disciplined. This is The Wilkes-Barre City Police Department we are talking about... The officers that I dealt with are the true definition of "Keystone Cops".
    A.J.
    Last edited by mystery_man; 07-03-2008 at 01:18 PM.

  9. #8
    Hey everyone! There is a need to postpone tomorrows addressing of City Council until next month. The August meeting is on Thursday the 7th at 6:00pm.

    A.J.

    PAFOA.ORG City council ~Wilkes-Barre~ Aug, 7 at 6PM

    OPENCARRY.ORG Postponed! Gun Owners to Attend Wilkes-Barre City Council meeting - Pennsylvania - Stories From The States - OpenCarry.org - Discussion Forum
    Last edited by mystery_man; 08-07-2008 at 11:01 AM.

  10. #9
    Good luck chief. I hope you have a good lawyer and you are able to stick it to them hard. Open carry should be no issue at all, but police hate it (infringes on their power trip).

    I did a local affiliate police class during the evening, the citizen's police academy. One class member asked about open carry and was informed that there is no law prohibiting it. However, one officer in particular announced that he would find something wrong, and others chuckled in agreement. The police should not be our opponents in upholding these rights, but it seems they have become exactly that.

  11. #10
    Join Date
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    Only three more days. Give 'em hell!

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