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 Post subject: PA Supreme Court: Carrying not grounds for Terry stop
PostPosted: Fri May 31, 2019 2:17 pm 
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Joined: Thu Feb 20, 2014 9:49 am
Posts: 116
https://blog.princelaw.com/2019/05/31/m ... f-a-crime/

There is some discussion of Delaware law as compared to Pennsylvania law in the decision. The majority opinion points out that in Delaware, carrying a concealed deadly weapon is a crime, and possession of a CCDW license is a defense to that crime. Pennsylvania's statute is worded differently, such that lacking a license is an element of the crime, as opposed to possession of a license being an affirmative defense to the crime. The concurring opinion suggests that might make a significant difference, the majority suggests that it shouldn't.


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 Post subject: Re: PA Supreme Court: Carrying not grounds for Terry stop
PostPosted: Sat Jun 01, 2019 2:30 pm 
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Joined: Sat Oct 11, 2008 12:19 pm
Posts: 1041
Location: New Castle, DE
The Eighth Circuit courts made a ruling on open carry back in 2011:

Quote:
The judges took issue with the reason for the stop, saying a report of a person with a handgun isn't enough to create a reasonable suspicion of a crime, and in Nebraska and Lincoln people can openly carry handguns.


Here's a local article about it:
https://journalstar.com/news/local/crim ... c67f5.html

The courts said the possession of a handgun IS NOT sufficient for reasonable suspicion since carrying the firearm was a legal act. To apply that to Delaware (I'm reaching here with my own opinion) would be that carrying a firearm in Delaware (concealed or open) is a legal activity and there is no reason to assume a crime has taken place.

It's an interesting debate and I'd be curious to see our AG weigh in.

_________________
Basic Gun Safety by Jeff Cooper:
1) All guns are always loaded
2) Never let the muzzle cover anything you aren't willing to destroy
3) Keep your finger off the trigger until your sights are on the target
4) Be sure of your target and what is beyond it


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