Open Carry in Pennsylvania - Correction! - XDTalk Forums - Your HS2000/SA-XD Information Source!

Jon Smykal · 11-16-2006, 07:00 PM

In the post where cekxd40 got asked to leave Walmart, I saw that somebody posted this:

Quote:

Open carry is plainly illegal in Pennsylvania, and I have no problem with that. The average, uninformed citizen tends to perceive visible weapons as a threat to their personal safety (my evaluation). Limiting open carry to LEOs and military personnel tends to negate this effect, and where CCW is an option, it does so without removing the ability to protect one's self.

I read through a few pages, and didn't see any rebuttle to this, so I wanted to clarify for any of our Pennsylvanian members.

OPEN CARRY IN PENNSYLVANIA (With the exception of Philadelphia) IS 100% LEGAL AND OKAY, AND YOU DO NOT NEED A PERMIT TO DO IT!!

In other words; in Pennsylvania, you can strap your XD to your hip and waltz around like John Wayne if you feel like it.

However: In order to carry openly in Philadelphia, you need a CCW. In order to carry open or concealed in a vehicle you need a CCW, so it is probably better that you get your carry permit before you OC; unless you plan to walk everywhere.

Sorry for wasting space, but I really feel that this needs to be addressed before some members are discouraged from open carrying based on the false information provided by one member.

Thanks

Jon Smykal · 11-16-2006, 07:04 PM

Check the following link for details, including specific laws and statutes to backup my claim:

http://opencarry.org/pa.html

**XDAndMe** · 11-16-2006, 07:51 PM

Yes, you are correct. Open carry is legal in PA, with the exception of Philadelphia.

However,

Quote:

Originally Posted by Jon Smykal

In other words; in Pennsylvania, you can strap your XD to your hip and waltz around like John Wayne if you feel like it.

No.

You'll get yourself in trouble if you do that in the wrong place. Remember the sheeple! They'll call the police on you, and the police will be upset with you for causing panic and making them investigate a false "man with gun" report. Also, not all LEO's are up to speed on the state statutes, and you may land yourself in handcuffs until your lawyer clears things up.

It's legal, but you need to be cautious about where you do it. Suburbia & city metro area... not a good idea.

Jon Smykal · 11-16-2006, 07:54 PM

Quote:

Originally Posted by XDAndMe

Yes, you are correct. Open carry is legal in PA, with the exception of Philadelphia.

However,

No.

You'll get yourself in trouble if you do that in the wrong place. Remember the sheeple!

That's the wonderful part. LE has absolutely no right to harrass you about it. Granted, they very well might try (especially in my area, upper bucks county, a northern suburb of philly); but if you talk with them a bit, they usually just get on their way, from what I've heard.

I'd hesitate to be a test-case for some of the rich areas, but it is legal.

**XDAndMe** · 11-16-2006, 07:57 PM

I've read about the test cases on other forums. It's a major pain in the ass and the police frown on it.

**XDAndMe** · 11-16-2006, 07:59 PM

Quote:

Originally Posted by Jon Smykal

That's the wonderful part. LE has absolutely no right to harrass you about it.

They can harrass you. They just can't charge you, unless they get you on something else as a result of it.
But more than likely, you will lose your gun for a while, and you will spend some time in a nice cold room with a metal chair and one-way windows

**XDAndMe** · 11-16-2006, 08:04 PM

Here's where I get my open-carry stories for Pennsylvania: http://opencarry.mywowbb.com/forum46/
Some of the stories are humorous, some are the result of the gun owner's stupidity (like the guy that tried to open-carry in Philadelphia), and some are outright sad.

FrankRizzoXD40 · 11-16-2006, 08:05 PM

They will also try to twist it around and get you for "threatening" or something like. I've heard of people doing that and someone always calls the police and says "there is this guy walking around with a gun and he glared at me" etc etc.....

Open carry is legal in Maine, but the old Portland Police Chief--Mike Chitwood--ordered his officers to disarm anyone who was openly carrying within city limits, even though it is legal!!!

Openly carrying, unless you are hunting, is usually not a smart idea. Just avoid the trouble alltogether and get a CCW if your state issues them. If your state doesn't...THEN MOVE TO ONE THAT DOES...LOL

Frank

Jon Smykal · 11-16-2006, 08:07 PM

That's the thing. They physically CAN come up to you and confront you about it, however; anybody can physically do anything.

One: Open carry is perfectly legal in Pennsylvania. It is every Pennsylvanian's right (who is eligible to own a firearm) to carry said firearm openly. (with the exception of Philadelphia)

Can you see a police officer questioning you as to why you are wearing black denim instead of blue denim? No. It's perfectly legal. To make a distinction between the two, would be deeming gun owners to be "Up-to-something".

Two: I don't care if the police frown on it. The police's job is to enforce the laws, not enforce their opinion. If PA law says you can carry, the police have no place inconveniencing you for following the law. If you are detained or arrested because of open carry, a nice civil rights suit could ensue.

Three: Police in PA cannot Terry-Stop you for a "man-with-a-gun" call. There is case law to back this up.

Basically, the police have a job to enforce laws, not opinions, and they cannot come around and harass law abiding citizens for whatever reason strikes their fancy.

I'm not saying to be argumentative, or uncooperative with them, but be polite, explain your rights, and move on. I have a lot of respect for cops, but if they are harassing you for carrying in PA, they are violating your civil rights. Just the same as if they stop you solely based on race, ethnicity, gender, etc.

Police do have authority, but there are limits to that authority.

Like I said, check out opencarry.org. There are a LOT of people who carry openly in PA and are not harrassed. However, you need to be smart about (banks, certain areas, etc); and quite frankly, if someone were to politely ask me to carry concealed (police included) I would oblige. Not because I don't value my rights, but because some situations just aren't appropriate for open carry.

**XDAndMe** · 11-16-2006, 08:10 PM

I agree, however, the police also have a responsibility to maintain order and keep the community at ease. They don't like a bunch of upset citizens complaining at every town meeting about the same thing over and over again.

My black denim doesn't scare people.

11-16-2006, 08:05 PM	#8
FrankRizzoXD40 XDTalk 5K Member Join Date: Nov 2006 Location: Maine Posts: 6,569	They will also try to twist it around and get you for "threatening" or something like. I've heard of people doing that and someone always calls the police and says "there is this guy walking around with a gun and he glared at me" etc etc..... Open carry is legal in Maine, but the old Portland Police Chief--Mike Chitwood--ordered his officers to disarm anyone who was openly carrying within city limits, even though it is legal!!! Openly carrying, unless you are hunting, is usually not a smart idea. Just avoid the trouble alltogether and get a CCW if your state issues them. If your state doesn't...THEN MOVE TO ONE THAT DOES...LOL Frank __________________ XD-40 Service, bi-tone Crossbreed Supertuck CCW holder _________________ Evil is powerless if the good are unafraid. -Ronald Reagan

11-16-2006, 08:07 PM	#9
Jon Smykal XDTalk 100 Member Join Date: Nov 2006 Location: Pennsylvania Posts: 156	That's the thing. They physically CAN come up to you and confront you about it, however; anybody can physically do anything. One: Open carry is perfectly legal in Pennsylvania. It is every Pennsylvanian's right (who is eligible to own a firearm) to carry said firearm openly. (with the exception of Philadelphia) Can you see a police officer questioning you as to why you are wearing black denim instead of blue denim? No. It's perfectly legal. To make a distinction between the two, would be deeming gun owners to be "Up-to-something". Two: I don't care if the police frown on it. The police's job is to enforce the laws, not enforce their opinion. If PA law says you can carry, the police have no place inconveniencing you for following the law. If you are detained or arrested because of open carry, a nice civil rights suit could ensue. Three: Police in PA cannot Terry-Stop you for a "man-with-a-gun" call. There is case law to back this up. Basically, the police have a job to enforce laws, not opinions, and they cannot come around and harass law abiding citizens for whatever reason strikes their fancy. I'm not saying to be argumentative, or uncooperative with them, but be polite, explain your rights, and move on. I have a lot of respect for cops, but if they are harassing you for carrying in PA, they are violating your civil rights. Just the same as if they stop you solely based on race, ethnicity, gender, etc. Police do have authority, but there are limits to that authority. Like I said, check out opencarry.org. There are a LOT of people who carry openly in PA and are not harrassed. However, you need to be smart about (banks, certain areas, etc); and quite frankly, if someone were to politely ask me to carry concealed (police included) I would oblige. Not because I don't value my rights, but because some situations just aren't appropriate for open carry. Last edited by Jon Smykal : 11-16-2006 at 08:10 PM.

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11-16-2006, 07:04 PM	#2
Jon Smykal XDTalk 100 Member Join Date: Nov 2006 Location: Pennsylvania Posts: 156	Check the following link for details, including specific laws and statutes to backup my claim: http://opencarry.org/pa.html

11-16-2006, 07:57 PM	#5
XDAndMe XDTalk 3K Member Join Date: Sep 2006 Location: PA, USA Posts: 3,402	I've read about the test cases on other forums. It's a major pain in the ass and the police frown on it.

11-16-2006, 08:04 PM	#7
XDAndMe XDTalk 3K Member Join Date: Sep 2006 Location: PA, USA Posts: 3,402	Here's where I get my open-carry stories for Pennsylvania: http://opencarry.mywowbb.com/forum46/ Some of the stories are humorous, some are the result of the gun owner's stupidity (like the guy that tried to open-carry in Philadelphia), and some are outright sad.

11-16-2006, 08:10 PM	#10
XDAndMe XDTalk 3K Member Join Date: Sep 2006 Location: PA, USA Posts: 3,402	I agree, however, the police also have a responsibility to maintain order and keep the community at ease. They don't like a bunch of upset citizens complaining at every town meeting about the same thing over and over again. My black denim doesn't scare people.