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





Legal help - City of Wilkes Barre, PA Police pull a Dickson City, then retreat under cone of silence
 Moderated by: jpierce  
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Statkowski
Regular Member


Joined: Wed Sep 27th, 2006
Location: Cherry Tree (Indiana County), Pennsylvania USA
Posts: 563
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 Posted: Tue Jun 10th, 2008 12:02 am
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No signs either for the Borough of Cherry Tree in Indiana County.  And, the Borough Council President carries during Borough Council meetings.

mystery_man
Regular Member
 

Joined: Sun Jan 6th, 2008
Location: Harmony, NJ & Wilkes-Barre, PA, USA
Posts: 24
Status:  Offline
 Posted: Tue Jun 10th, 2008 02:04 am
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Hey guys! I just wanted to give you a quick update on what happened:

I was out for a walk after dinner (open-carry).
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 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.

  
A.J.

yankees98a
Regular Member
 

Joined: Sat Jul 28th, 2007
Location:  
Posts: 128
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 Posted: Tue Jun 10th, 2008 02:17 am
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How is that legal? Let's say I apply for PA permit as a PA Resident and get denied.. I then apply for Fl permit. Now I can carry in PA?


Mike wrote:
yankees98a wrote: Only case would be if you concealed with out of state permit and was a resident of that state.

Huh?  PA residents CAN carry on out of state CHPs and LTCFs.

gnbrotz
Activist Member
 

Joined: Wed May 30th, 2007
Location: Chambersburg, Pennsylvania USA
Posts: 233
Status:  Offline
 Posted: Tue Jun 10th, 2008 02:22 am
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yankees98a wrote: How is that legal? Let's say I apply for PA permit as a PA Resident and get denied.. I then apply for Fl permit. Now I can carry in PA?

That is correct.  Don't tell me this is the first time you've heard of a law or governement policy that didn't make sense.;)

mombrown1
Regular Member


Joined: Thu Oct 19th, 2006
Location: Upper St. Clair, Pennsylvania USA
Posts: 17
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 Posted: Tue Jun 10th, 2008 02:39 am
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That's because the state police have screwed up illegal database.

PisnNapalm
Regular Member
 

Joined: Fri Aug 24th, 2007
Location: Spring City, Pennsylvania USA
Posts: 8
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 Posted: Tue Jun 10th, 2008 02:40 am
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If/when you get your firearm back, try to determine if it's been fired.  Ask if they ran the s/n through the "registry".

JSK333
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Joined: Sun May 21st, 2006
Location: Cincinnati, Ohio USA
Posts: 189
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 Posted: Tue Jun 10th, 2008 02:57 am
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This is exactly why "color of law" statutes exist.

If PA doesn't have its own, this should fall under the federal statute (Title 42 USC 1983), since it's also a 2nd Amendment issue.

But, I imagine your lawyer would know about these.  I'm glad you're not letting this go and kowtow'ing to their high-handedness.

Aran
Banned
 

Joined: Tue Jan 29th, 2008
Location: Indiana, Pennsylvania USA
Posts: 674
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 Posted: Tue Jun 10th, 2008 02:58 am
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Statkowski wrote: No signs either for the Borough of Cherry Tree in Indiana County.  And, the Borough Council President carries during Borough Council meetings.I hear he's a cranky old goat though. :P

imperialism2024
Regular Member


Joined: Fri Jun 8th, 2007
Location: Catasauqua, Pennsylvania USA
Posts: 3050
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 Posted: Tue Jun 10th, 2008 04:26 pm
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Let's not give anyone any ideas ...

Last edited on Tue Jun 17th, 2008 03:24 pm by jpierce

Pa. Patriot
State Researcher


Joined: Fri May 4th, 2007
Location: Just A "wannabe" In Mtn. Top, Pennsylvania USA
Posts: 1432
Status:  Offline
 Posted: Tue Jun 10th, 2008 04:34 pm
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http://www.wilknetwork.com/

Just got off the radio w/ Sue Henry.

CLick "listen now"

They are taking calls now.

Sue got a response from the Wilkes-Barre PD regarding the incident Sat.

As posted in:
http://www.pafoa.org/forum/concealed-open-carry-121/25386-violated-wilkes-barre-open-carry.html
Post #64

Mike
Super Moderator
 

Joined: Sat May 13th, 2006
Location: Fairfax County, Virginia USA
Posts: 6362
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 Posted: Tue Jun 10th, 2008 04:47 pm
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I hope our man AJ stands tall on this and refuses to bring in proof of nothin'!

I'd also like Wilkes Barre to release a few seconds of this 911 tape - I find it hard to believe that the report was that he had his gun "in his hand."

brey1234
Regular Member
 

Joined: Mon Jun 9th, 2008
Location:  
Posts: 1
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 Posted: Tue Jun 10th, 2008 04:56 pm
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Jensen, 28, decided to give it a try. A few days later, his gun was visible, dangling from a black holster strapped around his hip as he walked into a Costco. His heart raced as he ordered a Polish dog at the counter. No one called police. No one stopped him.

He now carries his Glock 23 openly into his bank, restaurants and shopping centers. He wore the gun to a Ron Paul rally. He and his wife, Clachelle, drop off their 5-year-old daughter at elementary school with pistols dangling from their hip holsters and never have received a complaint or a wary look.:cool:

http://tinyurl.com/4gsa6k

Pa. Patriot
State Researcher


Joined: Fri May 4th, 2007
Location: Just A "wannabe" In Mtn. Top, Pennsylvania USA
Posts: 1432
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 Posted: Tue Jun 10th, 2008 06:24 pm
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This is the WBPD reply/release as read by Sue Henry on the air today:



"According to Wilkes-Barre police.  On Saturday  6/7 @ approximately 9:30PM officers responded to a complaint about a man standing on the corner of E. Northampton and Sherman streets with a gun in his hand.  Officers responded and the male was located on Sherman and South St.s  with a holstered weapon in plain view.  Proper ownership of the weapon could not be established at that time, so the weapon was taken back to Wilkes-Barre police headquarters.   The weapon will be returned to the legal owner once proper ownership has been established.  The man was neither charged nor detained by the Wilkes-Barre police dept."

jaredbelch
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Joined: Thu Aug 9th, 2007
Location: Cottonwood Heights, Utah USA
Posts: 520
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 Posted: Tue Jun 10th, 2008 06:34 pm
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Pa. Patriot wrote: This is the WBPD reply/release as read by Sue Henry on the air today:



"According to Wilkes-Barre police.  On Saturday  6/7 @ approximately 9:30PM officers responded to a complaint about a man standing on the corner of E. Northampton and Sherman streets with a gun in his hand.  Officers responded and the male was located on Sherman and South St.s  with a holstered weapon in plain view.  Proper ownership of the weapon could not be established at that time, so the weapon was taken back to Wilkes-Barre police headquarters.   The weapon will be returned to the legal owner once proper ownership has been established.  The man was neither charged nor detained by the Wilkes-Barre police dept."


What a load of crap!

Seriously how does a state with "no firearm registry" even pretend to establish ownership other than by possession?  I can see running the serial number, DURING A VALID TERRY STOP, to see if it's stolen, but c'mon this is ridiculous.

Mike
Super Moderator
 

Joined: Sat May 13th, 2006
Location: Fairfax County, Virginia USA
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 Posted: Tue Jun 10th, 2008 07:04 pm
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Pa. Patriot wrote: This is the WBPD reply/release as read by Sue Henry on the air today:



"According to Wilkes-Barre police.  On Saturday  6/7 @ approximately 9:30PM officers responded to a complaint about a man standing on the corner of E. Northampton and Sherman streets with a gun in his hand.  Officers responded and the male was located on Sherman and South St.s  with a holstered weapon in plain view.  Proper ownership of the weapon could not be established at that time, so the weapon was taken back to Wilkes-Barre police headquarters.   The weapon will be returned to the legal owner once proper ownership has been established.  The man was neither charged nor detained by the Wilkes-Barre police dept."


Yea - somebody tell AJ he was not detained!

Pa. Patriot
State Researcher


Joined: Fri May 4th, 2007
Location: Just A "wannabe" In Mtn. Top, Pennsylvania USA
Posts: 1432
Status:  Offline
 Posted: Tue Jun 10th, 2008 07:14 pm
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We see the same ignorance that bit Dickson City on the bum rear it's ugly head again with Wilkes-Barre City PD.

There is no duty to prove ownership.
The PSP database is NOT a database or registry of ownership.

And we also again see the police fail to man-up and admit the error.  Instead they are going to foolishly play through on the premise that they are acting appropriately.
Their own statement admits guilt on their part.

They really don't realize how much worse this will make things for them.   Oh well.

imperialism2024
Regular Member


Joined: Fri Jun 8th, 2007
Location: Catasauqua, Pennsylvania USA
Posts: 3050
Status:  Offline
 Posted: Wed Jun 11th, 2008 01:06 am
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Pa. Patriot wrote: We see the same ignorance that bit Dickson City on the bum rear it's ugly head again with Wilkes-Barre City PD.

There is no duty to prove ownership.
The PSP database is NOT a database or registry of ownership.

And we also again see the police fail to man-up and admit the error.  Instead they are going to foolishly play through on the premise that they are acting appropriately.
Their own statement admits guilt on their part.

They really don't realize how much worse this will make things for them.   Oh well.

Well, at least this time they didn't try to suppress anyone from videotaping the incident... :?

DJ TURNz
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Joined: Tue Nov 28th, 2006
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 Posted: Wed Jun 11th, 2008 12:26 pm
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Patriot, do you have tape of the radio show?

 

This is BS.  Why do these police departments think that they don't have to obey the law.  I am getting tired of reading about this stuff.  I hope they get what they deserve, and I hope the OP gets what he deserves too.

Pa. Patriot
State Researcher


Joined: Fri May 4th, 2007
Location: Just A "wannabe" In Mtn. Top, Pennsylvania USA
Posts: 1432
Status:  Offline
 Posted: Wed Jun 11th, 2008 12:29 pm
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DJ TURNz wrote: Patriot, do you have tape of the radio show?

Yes.  It's being processed (cleaned up) and posted today.

Pa. Patriot
State Researcher


Joined: Fri May 4th, 2007
Location: Just A "wannabe" In Mtn. Top, Pennsylvania USA
Posts: 1432
Status:  Offline
 Posted: Wed Jun 11th, 2008 12:46 pm
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WILK is discussing open carry again this AM.  And taking calls.

http://www.wilknetwork.com/

CLick "listen now"


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