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mystery_man
Regular Member
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Posted: Sun Jun 8th, 2008 05:10 pm |
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Hey guys! Anyone have the name of a good open-carry lawyer in the Wilkes-Barre area? I was stopped by WBPD last night while walking and they took my firearm. I was told that Pennsylvania doesn't recognize out-of-state permits. They also told me to come in to HQ with my lawyer on Monday to pick up my firearm. Any ideas for a good lawyer? Anyone want to come with me on Monday? Thanks!
A.J.
Last edited on Sun Jun 8th, 2008 05:16 pm by mystery_man
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Pa. Patriot
State Researcher
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Posted: Sun Jun 8th, 2008 06:14 pm |
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mystery_man wrote: Hey guys! Anyone have the name of a good open-carry lawyer in the Wilkes-Barre area? I was stopped by WBPD last night while walking and they took my firearm. I was told that Pennsylvania doesn't recognize out-of-state permits. They also told me to come in to HQ with my lawyer on Monday to pick up my firearm. Any ideas for a good lawyer? Anyone want to come with me on Monday? Thanks!
A.J.
Well, this is disturbing.
Obviously they are VERY incorrect about the out of state "permits". And no "permit" required to OC of course.
If you were commiting no crime they had 0 reason to seize your firearm. Sounds like another PD wanting some legal schooling.
I have your info from your PM and wil call.
Oddly, on Wed I was standing, talking to someone on the sidewalk, two buildings down from WBPD. Saw probably 6-7 patrol cars go by and no one said a word.
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Mike
Super Moderator
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Posted: Sun Jun 8th, 2008 11:52 pm |
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| wow - another gun confiscation! Don't get the gun - let 'em sweat now - their conduct was totally unlawful.
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Steve in PA
Regular Member
| Joined: | Sun Nov 12th, 2006 |
| Location: | Wilkes-Barre |
| Posts: | 118 |
| Status: |
Offline
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Posted: Mon Jun 9th, 2008 01:02 am |
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If the story is true........
The WBPD are idiots for not knowing the laws.
PA most certain does recognize out of state permits and you do not need a lawyer to pick up your firearm.
I would walk in their and state you are there to pick up your property. They firearm was seized illegally and anyone refusing to cooperate with you is in violation of the law.
Of course they will probably blow you off.
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gnbrotz
Activist Member
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Posted: Mon Jun 9th, 2008 01:20 am |
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Steve in PA wrote: If the story is true........
The WBPD are idiots for not knowing the laws.
PA most certain does recognize out of state permits and you do not need a lawyer to pick up your firearm.
I would walk in their and state you are there to pick up your property. They firearm was seized illegally and anyone refusing to cooperate with you is in violation of the law.
Of course they will probably blow you off.
Not to mention that the out of state permit issue is of no consequence whatsoever, since the OP was openly carrying his firearm on foot.
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yankees98a
Regular Member
| Joined: | Sat Jul 28th, 2007 |
| Location: | |
| Posts: | 128 |
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Offline
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Posted: Mon Jun 9th, 2008 01:29 am |
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Only case would be if you concealed with out of state permit and was a resident of that state.
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Pa. Patriot
State Researcher
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Posted: Mon Jun 9th, 2008 01:32 am |
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I've spoken with the OP via phone and will say without pause that the incident is worse than he describes.
Relevant points are:
WBPD stopped a man for mere open carrying on his after dinner walk because of a 911 call.
WBPS, without PC, felony stopped the OP.
WBPD made numerous and continuing derogatory and foul mouthed remarks during the encounter.
WBPD seized the OP's firearm and refused to return it. Without PC or legal reason.
WBPD had made a bad boo-boo.
Last edited on Mon Jun 9th, 2008 01:33 am by Pa. Patriot
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gnbrotz
Activist Member
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Posted: Mon Jun 9th, 2008 01:37 am |
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yankees98a wrote: Only case would be if you concealed with out of state permit and was a resident of that state.
Doesn't matter in PA.
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Pa. Patriot
State Researcher
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Posted: Mon Jun 9th, 2008 01:40 am |
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yankees98a wrote: Only case would be if you concealed with out of state permit and was a resident of that state.
As noted by gnbrotz.
PA recognizes FL resident and non-resident licenses.
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Statkowski
Regular Member
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Posted: Mon Jun 9th, 2008 02:31 am |
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| Add to the list of boo-boos: Probably didn't give a receipt, either.
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Mike
Super Moderator
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Posted: Mon Jun 9th, 2008 03:26 am |
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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.
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Mike
Super Moderator
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Posted: Mon Jun 9th, 2008 04:52 am |
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Statkowski wrote: Add to the list of boo-boos: Probably didn't give a receipt, either.
I think you will be proven to be correctamundo!
Receipts? We don't need no stinkin' receipts!
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Steve in PA
Regular Member
| Joined: | Sun Nov 12th, 2006 |
| Location: | Wilkes-Barre |
| Posts: | 118 |
| Status: |
Offline
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Posted: Mon Jun 9th, 2008 05:19 am |
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Pa. Patriot wrote: I've spoken with the OP via phone and will say without pause that the incident is worse than he describes.
Relevant points are:
WBPD stopped a man for mere open carrying on his after dinner walk because of a 911 call.
WBPS, without PC, felony stopped the OP.
WBPD made numerous and continuing derogatory and foul mouthed remarks during the encounter.
WBPD seized the OP's firearm and refused to return it. Without PC or legal reason.
WBPD had made a bad boo-boo.
Can't wait to see the crap hit the fan on this one.
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mombrown1
Regular Member
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Posted: Mon Jun 9th, 2008 02:05 pm |
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Two important websites
Pennsylvania Uniform Firearms Code
http://www.acslpa.org/pa_uniform_firearms_act.htm
PA Attorney General Reciprocity page
http://www.attorneygeneral.gov/crime.aspx?id=184
Are you a resident? If not does PA have reciprocity with your state?
This is what I would do
1. Contact the local state Senator or Representative and obtain a copy of the PA Gun Law Book and inform them what has happened.
2. Take the book to the police station, be sure to take a witness with you, request to see the Chief of Police. Nicely explain what has happened and nicely request that he show you the law, and hand him the book, that does not allow you to open carry in PA. Be sure to tell him/her that you have contacted the legislator.
3. If that doesn't work request a meeting with him and the Mayor.
4. After meeting with both without getting your gun back then you contact a lawyer.
5. Report the incident to Firearm Owners Against Crime FOAC Kim Stolfer (activist@fyi.net). They keep a registry of all these incidents throughout the state.
Document everything and be sure to have a witness to everything.
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Mike
Super Moderator
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Posted: Mon Jun 9th, 2008 02:47 pm |
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mombrown1 wrote: Two important websites
Pennsylvania Uniform Firearms Code
http://www.acslpa.org/pa_uniform_firearms_act.htm
PA Attorney General Reciprocity page
http://www.attorneygeneral.gov/crime.aspx?id=184
Are you a resident? If not does PA have reciprocity with your state?
This is what I would do
1. Contact the local state Senator or Representative and obtain a copy of the PA Gun Law Book and inform them what has happened.
2. Take the book to the police station, be sure to take a witness with you, request to see the Chief of Police. Nicely explain what has happened and nicely request that he show you the law, and hand him the book, that does not allow you to open carry in PA. Be sure to tell him/her that you have contacted the legislator.
3. If that doesn't work request a meeting with him and the Mayor.
4. After meeting with both without getting your gun back then you contact a lawyer.
5. Report the incident to Firearm Owners Against Crime FOAC Kim Stolfer (activist@fyi.net). They keep a registry of all these incidents throughout the state.
Document everything and be sure to have a witness to everything.
The man resides in NJ, and was open carrying on foot, so he needed no license. The police apparently took it upon themselves to seize his gun without cause, andengage him with non-sensical conversation - possibly some kind of sick joke or retaliation for Dickson Dozen incident.
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Pa. Patriot
State Researcher
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Posted: Mon Jun 9th, 2008 02:56 pm |
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Do NOT, under any circumstances, go to the PD without attorney representation.
Now that they have let you go - you are in control.
Do not relinquish that control by talking to the same police that illegally detained you and illegally seized your property.
Step 1) Contact attorney.
Step 2) Do what your attorney tells you.
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deepdiver
Activist Member
| Joined: | Mon Apr 2nd, 2007 |
| Location: | Missouri USA |
| Posts: | 4630 |
| Status: |
Offline
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Posted: Mon Jun 9th, 2008 05:29 pm |
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WOW. Felony stopped him for a legal act? He may end up a wealthier man than he began. Seems PA has a growing problem with law enforcers who do not know the law.
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Thundar
Regular Member
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Posted: Mon Jun 9th, 2008 07:57 pm |
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| Habeas Arma! Habeas Arma!
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apjonas
Regular Member
| Joined: | Sun Jun 11th, 2006 |
| Location: | |
| Posts: | 498 |
| Status: |
Offline
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Posted: Mon Jun 9th, 2008 10:00 pm |
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Pa. Patriot wrote: I've spoken with the OP via phone and will say without pause that the incident is worse than he describes.
Relevant points are:
WBPD stopped a man for mere open carrying on his after dinner walk because of a 911 call.
WBPS, without PC, felony stopped the OP.
WBPD made numerous and continuing derogatory and foul mouthed remarks during the encounter.
WBPD seized the OP's firearm and refused to return it. Without PC or legal reason.
WBPD had made a bad boo-boo.
Everytime I see WBPD, I immediately think it's a radio station. Anyway, Mr. Patriot (or can I call you Pa?) - just to be precise - PC is not the standard for an investigatory stop, RAS is. No, I am not saying the disc jockeys, err, police had RAS - I just wanted to keep the discussion from getting sloppy. I know you know the difference but others may not.
No details need to be given but by "derogatory and foul mouthed" do you mean terms dealing with carrying a gun (e.g. gun nut, cowboy, assclown) or something really offensive (religious, racial, scatological epithets etc.)? Thought we might have us a "hate" crime to boot.
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mombrown1
Regular Member
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Posted: Mon Jun 9th, 2008 10:51 pm |
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I was only relating what has worked for me. Last year my township manager posted signs on all the township building doors that if a person wanted to bring a gun into the building he/she had to report to the police first. There is no courtroom in the building. I got together with the manager and the Chief of Police and was told the signs were going to stay. I suggested at the end he talk to the township attorney who just happened to be in the lobby as I left the meeting. The attorney told both that if they didn't take down the signs I would sue and they would lose 'big time.' The signs were down that day.
Personally I don't like an inital 'attack' but would rather try to work it out. It was good the signs came down because, they didn't know it, but I was PO'd and on the phone calling an attorney as I left the building.
Add to it the Chief of Police thought it acceptable to break state law, he pandered to me telling me that at my age I should retire from activism and enjoy my grandchildren.
I reported the entire incident to two township commissioners. Three months later the manager was asked to retire. I am still working to get rid of the police chief.
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