Think Twice about Open Carry - XDTalk Forums - Your HS2000/SA-XD Information Source!

Krackels · 06-10-2008, 10:44 AM

Looks like there was another incident in Pennsylvania where legal open carry resulted in a bad situation.

The person was told that only LEO can open carry and illegally seized his firearm without citing him for a violation of any laws and never issued him a receipt.

He was told that if he wants his firearm back to contact a lawyer and contact the police station.

Violated in Wilkes-Barre for open-carry!

My personal opinion is that unless you're in a relatively unpopulated area or engaging in outdoor sports (i.e. fishing, hunting, hiking, etc) there's no good reason to open carry your firearm.

What do you all think? Does open carry open up a can of worms?

Speaking of Open Carrying... http://www.xdtalk.com/forums/blogs/k...y-weekend.html

XDConvert9mm · 06-10-2008, 10:48 AM

I CC and do not open carry. I have the license to do either but practicality comes in to play for me. Besides, I'd rather others not know I am carrying in most situations. Something like the LTCF thread This place is going to hell, need my ltcf! would be a different story and I would open carry the largest gun I have though.

SpringfieldXD.40 · 06-10-2008, 10:50 AM

IMO, it is a can of worms that needs to be opened. Sounds like there are some LEOs in PA who need to learn the law. Similar things happened down here in VA. Ultimately, the LEOs learned they had no legal grounds to harass OCers and for the most part the incidents have stopped.

AZXD40 · 06-10-2008, 10:51 AM

Open carry is a choice, I do not condone limiting choices.. In AZ Open carry is a way of life. I see nothing wrong with it. Often I will open carry purposely to remind myself that I do not have to be afraid of the grabbers opinions and while it might look bad to some to others it makes for a great opportunity to remind the world that because you have a gun on your hip you are not automatically a bad person.Yes it will draw more attention, but that does not make it wrong or right. ~ JMHO

Quick note, An LE that does not know the laws he is paid to enforce should not be behind a badge.

**AZXD** · 06-10-2008, 10:52 AM

Quote:

Originally Posted by Krackels

Does open carry open up a can of worms?

I suppose it can. But I also think it is geographically tied to specific mentalities.

As for the confiscation .... The guy should have immediately dialed 911 and reported a theft of a firearm .... NO RECEIPT

That's theft

I dont' care if there is justification to confiscate the firearm. It's theft.

The LEO could have walked around the corner, shot someone and then reported the shooting and finding of a firearm at the scene of the crime.

robinsre · 06-10-2008, 10:53 AM

It SHOULDN'T open up a can of worms.

These police officers need to be more realistic and realize that they don't possess some special sort of right to a gun that the rest of us don't have.

Unfortunately, it often DOES open up a can of worms. And while I'll agree that it's something that NEEDS desperately to be tested, I don't have the time or money to endure the legal hassle necessary in challenging it.

longtalltechsan · 06-10-2008, 10:53 AM

I rarely open carry and if I do it is mainly out in the desert. I don't want to go into the store and have to educate the police and some sheep because they don't know my rights. That being said, it is a right and the police have no right to trample on that right whether they are uninformed or don't agree with it. I think this guy should get a lawyer and sue the shiite out of the officers.

jtkratzer · 06-10-2008, 10:54 AM

I think police abuse of the law and our rights is no reason to back down. It should be more of a reason to fight against it.

I think when lawsuits are filed for damages and grievances and money has to be paid out, that's when we'll see fewer incidences like these where the police are jerking people around.

switchfoot · 06-10-2008, 10:57 AM

Looks like there was another incident in Pennsylvania where legal speech resulted in a bad situation.

The person was told that only LEO can speak freely and illegally quieted him without citing him for a violation of any laws and never issued him a receipt.

He was told that if he wants his free speech back to contact a lawyer and contact the police station.

Violated in Wilkes-Barre for open-carry!

My personal opinion is that unless you're in a relatively unpopulated area or engaging in apolitical speech (i.e. sports, weather, religion, etc), there's no good reason to publicly speak your mind.

What do you all think? Does free speech open up a can of worms?

Just my opinion, others may vary.

SpringfieldXD.40 · 06-10-2008, 11:00 AM

Quote:

Originally Posted by switchfoot

Looks like there was another incident in Pennsylvania where legal speech resulted in a bad situation.

The person was told that only LEO can speak freely and illegally quieted him without citing him for a violation of any laws and never issued him a receipt.

He was told that if he wants his free speech back to contact a lawyer and contact the police station.

Violated in Wilkes-Barre for open-carry!

My personal opinion is that unless you're in a relatively unpopulated area or engaging in apolitical speech (i.e. sports, weather, religion, etc), there's no good reason to publicly speak your mind.

What do you all think? Does free speech open up a can of worms?

Just my opinion, others may vary.

Great post

06-10-2008, 10:44 AM	#1
Krackels XDTalk 15K Member Join Date: Mar 2003 Location: Southeastern PA Posts: 19,017 Blog Entries: 5	Think Twice about Open Carry Looks like there was another incident in Pennsylvania where legal open carry resulted in a bad situation. The person was told that only LEO can open carry and illegally seized his firearm without citing him for a violation of any laws and never issued him a receipt. He was told that if he wants his firearm back to contact a lawyer and contact the police station. Violated in Wilkes-Barre for open-carry! My personal opinion is that unless you're in a relatively unpopulated area or engaging in outdoor sports (i.e. fishing, hunting, hiking, etc) there's no good reason to open carry your firearm. What do you all think? Does open carry open up a can of worms? Speaking of Open Carrying... http://www.xdtalk.com/forums/blogs/k...y-weekend.html __________________ "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." --Benjamin Franklin America's Third Parties --- Duping the Foolish and Idealistic since 1832. PA Roll Call .................... My Blog

06-10-2008, 10:48 AM	#2
XDConvert9mm XDTalk 4K Member Join Date: Jan 2008 Location: NW Atlanta Suburbs Posts: 4,631	I CC and do not open carry. I have the license to do either but practicality comes in to play for me. Besides, I'd rather others not know I am carrying in most situations. Something like the LTCF thread This place is going to hell, need my ltcf! would be a different story and I would open carry the largest gun I have though. __________________ "There's no way to rule innocent men. The only power government has is the power to crack down on criminals. When there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws."

06-10-2008, 10:50 AM	#3
SpringfieldXD.40 XDTalk 5K Member Join Date: Oct 2006 Location: Woodstock, VA Posts: 6,956	IMO, it is a can of worms that needs to be opened. Sounds like there are some LEOs in PA who need to learn the law. Similar things happened down here in VA. Ultimately, the LEOs learned they had no legal grounds to harass OCers and for the most part the incidents have stopped. __________________ We sleep safely in our beds because rough men stand ready in the night to visit violence on those who would do us harm. — George Orwell ------------------------------------------------------------------------------------------------ YOUR HONOR STUDENT IS MERELY A PAWN IN MY PIT BULL'S WORLD DOMINATION PLOT www.pitbullforum.com ------------------------------------------------------------------------------------------------ McCain - Palin 2008

06-10-2008, 10:51 AM	#4
AZXD40 XDTalk 500 Member Join Date: May 2006 Location: Phoenix Arizona Posts: 718	Open carry is a choice, I do not condone limiting choices.. In AZ Open carry is a way of life. I see nothing wrong with it. Often I will open carry purposely to remind myself that I do not have to be afraid of the grabbers opinions and while it might look bad to some to others it makes for a great opportunity to remind the world that because you have a gun on your hip you are not automatically a bad person.Yes it will draw more attention, but that does not make it wrong or right. ~ JMHO Quick note, An LE that does not know the laws he is paid to enforce should not be behind a badge. __________________ John F. Kennedy: "Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom."

06-10-2008, 10:53 AM	#6
robinsre XDTalk 2K Member Join Date: Jul 2006 Location: Reno, NV Posts: 2,796	It SHOULDN'T open up a can of worms. These police officers need to be more realistic and realize that they don't possess some special sort of right to a gun that the rest of us don't have. Unfortunately, it often DOES open up a can of worms. And while I'll agree that it's something that NEEDS desperately to be tested, I don't have the time or money to endure the legal hassle necessary in challenging it. __________________ Zeroth law of thermodynamics : If you have 1 six pack of beer and your neighbor brings 4 beers over, you will each end up drinking only 5 beers. First law of thermodynamics : There's no such thing as a free beer. Second law of thermodynamics : Even if there was such thing as a free beer, you couldn't drink it all anyway. Third law of thermodynamics : The colder it gets, the less beer you will have.

06-10-2008, 10:54 AM	#8
jtkratzer XDTalk 15K Member Join Date: Apr 2007 Location: Lancaster Co., PA Posts: 17,478	I think police abuse of the law and our rights is no reason to back down. It should be more of a reason to fight against it. I think when lawsuits are filed for damages and grievances and money has to be paid out, that's when we'll see fewer incidences like these where the police are jerking people around. __________________ "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson The Gun Lounge Pennyslvania Firearms Owners Association Hockey Forum

06-10-2008, 10:57 AM	#9
switchfoot XDTalk 100 Member Join Date: Apr 2008 Location: East Tennessee Posts: 144 Blog Entries: 1	Looks like there was another incident in Pennsylvania where legal speech resulted in a bad situation. The person was told that only LEO can speak freely and illegally quieted him without citing him for a violation of any laws and never issued him a receipt. He was told that if he wants his free speech back to contact a lawyer and contact the police station. Violated in Wilkes-Barre for open-carry! My personal opinion is that unless you're in a relatively unpopulated area or engaging in apolitical speech (i.e. sports, weather, religion, etc), there's no good reason to publicly speak your mind. What do you all think? Does free speech open up a can of worms? Just my opinion, others may vary. __________________ http://www.praisethelordandpasstheammunition.wordpress.co m

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