{"id":10961,"date":"2011-06-08T11:57:18","date_gmt":"2011-06-08T18:57:18","guid":{"rendered":"http:\/\/www.survival-spot.com\/survival-blog\/?p=10961"},"modified":"2013-11-27T11:20:35","modified_gmt":"2013-11-27T18:20:35","slug":"open-carry-experiment-shows-cops-dont-know-their-own-gun-laws","status":"publish","type":"post","link":"https:\/\/www.survival-spot.com\/survival-blog\/open-carry-experiment-shows-cops-dont-know-their-own-gun-laws\/","title":{"rendered":"Open-Carry Experiment Shows Cops Don&#8217;t Know Their Own Gun Laws"},"content":{"rendered":"<p>It was late last week when gun-rights activist Mark Fiorino joined PW for a stroll around downtown Philly.<!--more--> The Montgomery County man, who was featured on the cover of yesterday\u2019s Daily News for his stance on carrying pistols openly, walks down 15th Street toward Sansom, attracting nary a look.<\/p>\n<p>Eventually, one man offers a double-take. The head turn probably has something to do with the fact that Fiorino\u2019s belt contains an openly holstered firearm alongside his cell phone and keys. After all, Fiorino\u2019s story hadn\u2019t yet appeared in the Daily News, so his face wasn\u2019t yet recognizable.<\/p>\n<p><a href=\"https:\/\/www.survival-spot.com\/survival-blog\/wp-content\/uploads\/2011\/06\/Open-Carry-handgun.jpg\"><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/www.survival-spot.com\/survival-blog\/wp-content\/uploads\/2011\/06\/Open-Carry-handgun.jpg\" alt=\"Gun Laws\" title=\"gun-laws\" width=\"432\" height=\"287\" class=\"aligncenter size-full wp-image-10964\" \/><\/a><\/p>\n<p>Surprisingly, that one brief stare was about the only bit of reaction Fiorino received on that particular day, a few days before the Daily News story broke. But minimal public feedback is often the norm. People typically go about their business unaware that someone like Fiorino has a gun strapped to his hip\u2014even when it\u2019s in full view. \u201cFor the most part, it\u2019s either a look or a dismissal or nobody notices,\u201d says Fiorino. And unbeknownst to many Pennsylvanians, \u201copen carry,\u201d or the act of carrying one\u2019s firearm unconcealed by clothing, is actually quite legal. Even in Philadelphia, legal gun owners who have a license can wear their holstered handguns in plain sight. In the rest of the state, open carry requires no license. Still, despite the law being quite clear on the issue, open-carry advocates like Fiorino sometimes find themselves in the crosshairs of an ignorant public.<\/p>\n<p>But what happens when the ignorance comes from the very people who are paid to uphold the law? For open carriers like Fiorino, it\u2019s a problem that can have dire consequences.<\/p>\n<p>Like the time he found himself with a gun pointed at his head. Back in February, when he was visiting his native Northeast Philadelphia, his gun attracted the attention of a passing city cop. After a 40-minute ordeal in which Fiorino was ordered to the ground and detained, the cops eventually cleared him for release, but not before they got in a few choice words. But it wasn\u2019t the profanity used by the responding officers\u2014audio from Fiorino\u2019s recorder was posted to Youtube\u2014that totally offended Fiorino. Rather, it was the lack of police knowledge regarding the open-carry law. \u201cI obviously did a ton of research beforehand,\u201d says Fiorino. Police, he says, ought to do the same.<\/p>\n<p>Not that Fiorino totally faults cops for having a heightened sense of awareness. But he does take issue with the fact that officers aren\u2019t being trained to respect law-abiding citizens. \u201cIn my experience, in the city, it\u2019s always been negative,\u201d Fiorino says of his interaction with Philly cops, many of whom appear unaware of the legality of open carry. \u201cThere\u2019s always a lot of attention with the police because they know you\u2019re armed and they automatically perceive you as a threat,\u201d he says.<\/p>\n<p><strong><em>MORE:<\/em><\/strong><br \/>\n<a href=\"https:\/\/www.survival-spot.com\/survival-blog\/a-gun-for-everyone\/\"><br \/>\nA Gun for Everyone<\/a><\/p>\n<p><a href=\"https:\/\/www.survival-spot.com\/survival-blog\/40-unique-places-to-stash-firearms\/\">40 Unique Places to Stash Firearms<\/a><\/p>\n<p><a href=\"https:\/\/www.survival-spot.com\/survival-blog\/montana-radioshack-gives-away-guns-with-new-dish-network-subscriptions\/\">Montana Radio Shack Gives Away Guns with New Dish Network Subscriptions<\/a><\/p>\n<p><a href=\"https:\/\/www.survival-spot.com\/survival-blog\/40-gun-motivational-posters\/\">40 Gun Motivational Posters<\/a><\/p>\n<p>One city cop, who requested anonymity, said that he was unaware carrying a firearm openly within the city limits was legal. \u201cTo see somebody carrying a gun in full view, it\u2019s kind of, I would say, scary in a big city,\u201d the officer says. But as Fiorino sat on a bench at Dilworth Plaza talking about his cause, very few eyes glanced his way. Passers-by didn\u2019t even seem to notice him\u2014even though his gun was out in the open on his left hip. \u201cNobody\u2019s screaming or running around,\u201d Fiorino says.<\/p>\n<p>Still, the officer maintains that the sight of a gun on someone without a badge could cause a problem. \u201cWhen people see you doing that, people assume you\u2019re a police officer,\u201d the cop says, adding that even off-duty, most city cops carry concealed. \u201cI think all guns should be concealed.\u201d<\/p>\n<p>Fiorino says open carry is meant to raise awareness, to let people know that they still have rights. And in Philadelphia, they are, thanks to people like Fiorino.<\/p>\n<p>\u201cTechnically, the answer is yes,\u201d says Lt. Fran Healy, a special adviser to Commissioner Charles H. Ramsey. \u201cYou can carry openly within Philadelphia as long as you have a license.\u201d Healy, who is also an attorney, doesn\u2019t dispute the claim that city cops are often ignorant on the open-carry law, which has been on the books since 1995. He says it\u2019s just never been a problem, that citizens were simply never observed carrying openly in the city. He adds that incidents such as Fiorino\u2019s have prompted the PPD to better train its officers. The training has come in various forms, Healy says, including educating beat officers during roll call and conducting \u201cteletype training,\u201d which is when a sergeant receives a message from the commissioner that is passed down to his or her subordinates. \u201cWhen they [officers on the street] know the law, that helps them respond better,\u201d he says. \u201cThese [citizens] are decent people. They\u2019re not criminals.\u201d<\/p>\n<p>But Healy certainly understands why the sight of someone openly carrying a firearm might put off some cops. \u201cThe bottom line is this: If I stop you and your behavior and conduct is such that I feel at risk \u2026 I personally may have my gun out,\u201d he says. \u201cThat doesn\u2019t mean I\u2019m pointing it at your head. I don\u2019t know who or what you are yet.\u201d<\/p>\n<p>The other factor contributing to cops\u2019 confusion is that according to state law, a license is needed to carry openly in the city, but it\u2019s not required in the rest of the commonwealth.  Because of that, officers don\u2019t technically have cause to detain an open carrier without reasonable articulable suspicion of a crime having been committed. But in Philly, because a license is needed, law enforcement officers contend they have authority to stop people to make sure they\u2019re legit. Gun-rights activists take issue with this, saying probable cause is still required for a police stop. They liken it to driving: Officers aren\u2019t legally allowed to stop everyone who is driving a car to ensure they\u2019re licensed, unless a violation has been committed.<\/p>\n<p>Healy, however, says it comes down to an \u201cofficer safety\u201d issue, meaning if an open carrier is spotted, there might be brief police interaction. \u201cI think the officers are well justified in Philadelphia \u2026 to do an investigation,\u201d he says. \u201cWe just want to confirm that you\u2019re lawful, and we\u2019ll let you go on your way.\u201d<\/p>\n<p>Add to all that the convoluted wording of the state law, which essentially makes open carry de-facto legal: \u201cNo person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless:(1) such person is licensed to carry a firearm; or (2) such person is exempt from licensing under section 6106 of this title (relating to firearms not to be carried without a license). The second bullet point generally refers to law enforcement and others for whom their job requires the carrying of a gun. Because the law doesn\u2019t explicitly say open carry is legal, some question whether it really is. State law also doesn\u2019t make a distinction between open versus concealed carry. \u201cBy not addressing it, the Legislature has left it open,\u201d Healy says. \u201cThe statute is vague, which leaves a little bit of a problem.\u201d<\/p>\n<p>To gun-rights advocates, the law is quite clear. After all, if there isn\u2019t a law against something, anything, it\u2019s legal, right? Proponents of open carry were so adamant about getting their message out that they organized a rally in Center City last weekend. One of the activists was Derek Price, who on May 14 was strolling up the steps toward City Hall wearing black pants, a blue button-down shirt, a black vest and a gun on one hip. The Harleysville resident arrived for a gathering organized by members of the Pennsylvania Firearm Owners Association. \u201cOpen carry, concealed carry, it\u2019s totally up to the individual,\u201d said Price, 38, who has been open carrying since getting his license in 2007. <\/p>\n<p>Price, like the others attending the rally, aim to make open carry more visible. One woman came up to Price, asking him to point her in the direction of the Ritz Carlton. \u201cPerception is everything,\u201d Price said.<\/p>\n<p>As more protesters arrived, it seemed as though the rally had the makings for some interesting feedback. Again, nothing. Here they were, a group of about 25 or so gun-toting average Joe\u2019s, walking through the outdoor plaza at City Hall, and nobody seemed to notice. \u201cWe\u2019ve been standing here, what, 20 minutes?\u201d Price asked. \u201cNobody\u2019s complained.\u201d<\/p>\n<p>Finally, Healy arrived with officers from the department\u2019s Civil Affairs Unit, the armband-clad cops who monitor protests and labor disputes, and off the group went. During the next four hours, the gun-wearers and a handful of cops, all in plainclothes, strolled downtown Philadelphia. There were stops outside police headquarters and the District Attorney\u2019s Office. Since federal law was recently changed to allow for firearms in gun-friendly states to be brought into national parks, the group figured it would stop by and take a photo near the Liberty Bell, too. \u201cExercising our Second Amendment where the Second Amendment was signed,\u201d one member could be heard calling out.<\/p>\n<p>Over the next four hours, the group walked, held signs and handed out pamphlets to members of the public. A few people cast stares. Some asked questions. None seemed worried or concerned in the least. That\u2019s the way it should be, the open carriers contend. Even Healy seemed pleased with the results of the peaceful protest. \u201cThese interactions can be positive,\u201d he said at the rally. \u201cI\u2019m looking at this as more of an educational thing on both sides.\u201d<\/p>\n<p>Ted Noga, the Pennsylvania Firearm Owners Association member who organized the rally, was also pleased that everything went off without a hitch that rainy Saturday. \u201cI\u2019m quite impressed with the response by the police department,\u201d he said.<\/p>\n<p>Lt. Lisa King, head of the department\u2019s Gun Permits Unit, said her division is now working to amend language on a supplemental sheet accompanying the firearms license application that says a licensee must conceal. The wording on is old, she concedes. King, who attended the rally, says didn\u2019t even know the practice was legal before it was brought to her attention.<\/p>\n<p>\u201cIt\u2019s definitely going to do something,\u201d says Josh Dillon, a Philly gun owner who typically carries concealed. Dillon, who carried openly on this day, says the whole aim of the event was to create awareness. Still, since he doesn\u2019t want to be harassed, he keeps it concealed. But that\u2019s not to say he opposes open carry. People can choose for themselves, he says.<\/p>\n<p>As for Fiorino, he\u2019s just glad the encounter in Northeast Philly sparked some awareness. \u201cI think that if people like myself don\u2019t get out there and do it, that often misinformation and ignorance continues to spread,\u201d he says.<\/p>\n<p><a href=\"http:\/\/www.philadelphiaweekly.com\/news-and-opinion\/Open-Carry-Experiment-Shows-Cops-Dont-Know-Their-Own-Gun-Laws-121989564.html\" class=\"broken_link\"> SOURCE<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>It was late last week when gun-rights activist Mark Fiorino joined PW for a stroll around downtown Philly.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[195,394],"tags":[],"class_list":["post-10961","post","type-post","status-publish","format-standard","hentry","category-news","category-survivalism"],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.survival-spot.com\/survival-blog\/wp-json\/wp\/v2\/posts\/10961","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.survival-spot.com\/survival-blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.survival-spot.com\/survival-blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.survival-spot.com\/survival-blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.survival-spot.com\/survival-blog\/wp-json\/wp\/v2\/comments?post=10961"}],"version-history":[{"count":0,"href":"https:\/\/www.survival-spot.com\/survival-blog\/wp-json\/wp\/v2\/posts\/10961\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.survival-spot.com\/survival-blog\/wp-json\/wp\/v2\/media?parent=10961"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.survival-spot.com\/survival-blog\/wp-json\/wp\/v2\/categories?post=10961"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.survival-spot.com\/survival-blog\/wp-json\/wp\/v2\/tags?post=10961"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}