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Thread: Philly PD pays $25,000 for abuse of open carrier

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    Philly PD pays $25,000 for abuse of open carrier

    http://www.philly.com/philly/news/20...5G_payday.html

    SNIP

    Gun-rights advocate gets $25G payday
    BY MORGAN ZALOT
    Philadelphia Daily News

    Mark Fiorino, who sued the city last month after he was arrested for legally carrying his Glock on Frankford Avenue in 2011, will receive $25,000 after accepting an offer of judgment in his favor from the city Thursday.

    He and his lawyers said they accepted the offer instead of going to trial because they're satisfied with the steps the city and police department have taken to better train officers about open-carry laws. In the city, it is legal to openly carry a firearm as long as you have a permit to carry.

    "Mr. Fiorino was seeking change in the way the city trains its police officers and vindication in connection with the violation of his constitutional rights," Benjamin Picker, an attorney representing Fiorino along with the American Civil Liberties Union, said in statement.

    . . .

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    Founder's Club Member thebigsd's Avatar
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    Good news!! Hopefully Philadelphia has learned their lesson this time around.
    "When seconds count between living or dying, the police are only minutes away."

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    If you think Philadelphia has "learned it's lesson" in this case, I believe you're dreaming.

    tyc

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    Philly will likely never give up and learn their lesson, they will likely continue harassment thinking we will give up.

    Also, doesn't it seem from the headline they think we're just in this for the money?

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    Regular Member MackTheKnife's Avatar
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    They will choose not to learn

    Quote Originally Posted by Emtp8383 View Post
    Philly will likely never give up and learn their lesson, they will likely continue harassment thinking we will give up.

    Also, doesn't it seem from the headline they think we're just in this for the money?
    Don't forget who the Police Chief is: Ramsey who came from Washington, DC. He ain't no fan of guns, period.

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    Regular Member hermannr's Avatar
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    Quote Originally Posted by MackTheKnife View Post
    Don't forget who the Police Chief is: Ramsey who came from Washington, DC. He ain't no fan of guns, period.
    Only party correct...like all elitists, he is no fan of guns he personally cannot control.

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    OK, so this settlement against a city, as well as others, suggest a strategy.

    Can't we find an 2A-chaser-lawyer who will "sponsor" OC events in suitable venues?

    He picks suitable jurisdictions as student-defendents and solicits volunteers who live/work in the area. At the appointed hour, the volunteers appear and go about the planned activity (eating an ice cream cone, making a speech about civil rights, whatever).

    Either of 2 outcomes will occur:
    1) nothing;
    2) a constable appears and does something in violation of the law.

    If #1, then, the constabulary in that venue becomes accustomed to people exercising their civil rights. Albeit not entirely satisfying, the outcome inches the ball forward a little.
    If #2, then the constabulary learns a new lesson that might be recognized by politicians and, eventually, the taxpayers. (Incidentally, the lawyer might be compensated modestly for performing his duty to society.)

    The more often the lesson needs to be taught in a particular jurisdiction the better. The more often the lesson is taught in diverse jurisdictions the more broadly the lesson will eventually be learned throughout the Commonwealth. Just one or two settlements/awards per year in distant boroughs will be ignored indefinitely.

    I have Saturdays and Sundays available; I imagine many readers do so as well. Shouldn't be hard to get a few volunteers from this forum.

    Mark

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    $45K is the minimum I would settle any pending case for .... $25K?? Likely has to pay his lawyer 1/3rd ... not worth it after dat

    25K? might as well just drop the case all together.

    Do not listen to your lawyer regarding settlement amounts ... all lawyers are lazy and will take the fist amt tossed at them...they don't care, onto their next case for easy money.


    A trial costs 50-60K .... they'll be puking out this money anyways if they go to trial ... win or lose

    What do they win? nothing really.... What can they lose? Hundreds of thousands..

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    Regular Member MackTheKnife's Avatar
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    Re: Philly PD pays $25,000 for abuse of open carrier

    This case was especially egregious. The cop in the video was so profanely abusive he should have been fired. Too bad he can't have his ass kicked. I agree with the fact that one of these cases needs to go trial that yields punitive and compensatory damages. It needs to be more than a few bucks and "we'll educate/train our cops." The cops are supposed to know the law, not abuse it.

    Razor Max Tapatalk.
    Mack The Knife sends.

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    "Bas no beatha" (McLean war cry- "Death or life")

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    Regular Member Phoenix David's Avatar
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    Quote Originally Posted by thebigsd View Post
    Good news!! Hopefully Philadelphia has learned their lesson this time around.
    I think that you are dreaming.

    A police department is a large monolithic organization that doesn't care when it gets caught abusing the citizens a little bit.

    The individual officers don''t care becuse they are not held responsible and until you make them fear loosing their bank accounts or other things they hold dear, they will continue to power trip all over the people no matter what the law says.
    Freedom is a bit like sex, when your getting it you take it for granted, when you're not you want it bad, other people get mad at you for having it and others want to take it away from you so only they have it.

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    Regular Member Golden Eagle's Avatar
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    The top link to the story disappeared. Here's the new link.
    http://articles.philly.com/2012-03-0...al-rights-city
    The news media plays politics more than the politicians do.

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    I have a CC permit in Pa; but if & when I go to Philly, I make sure I carry an inexpensive pistol. That being, one I can afford to lose. Not always; but more often than not, it will be confiscated until you handle any & all legalities. Just a hassle.

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    Quote Originally Posted by Jimsouth View Post
    I have a CC permit in Pa; but if & when I go to Philly, I make sure I carry an inexpensive pistol. That being, one I can afford to lose. Not always; but more often than not, it will be confiscated until you handle any & all legalities. Just a hassle.
    Do you realize that there has been no posts to that thread in 5 years? Talk about a necropost
    Last edited by gutshot II; 10-01-2018 at 11:37 PM.

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    Quote Originally Posted by gutshot II View Post
    Do you realize that there has been no posts to that thread in 5 years? Talk about a necropost
    Well, then it's about time.

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    No posts in the past five years because it's no longer an issue. All police forces, including Philadelphia, have received notice through their annual training that open carry is legal, throughout the Commonwealth, no license required.

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    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by Statkowski View Post
    No posts in the past five years because it's no longer an issue. All police forces, including Philadelphia, have received notice through their annual training that open carry is legal, throughout the Commonwealth, no license required.
    http://www.handgunlaw.us/states/pennsylvania.pdf

    Then why does Handgun.us say "Open Carry is legal except a valid permit/license is needed to carry a loaded handgun openly or concealed in a vehicle and for openly carrying in the city of Philadelphia."

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    6106. Firearms not to be carried without a license. (a) Offense defined.--

    (1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.

    http://www.legis.state.pa.us/cfdocs/...6.&subsctn=000.
    Read for yourself.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by OC for ME View Post

    6106. Firearms not to be carried without a license. (a) Offense defined.--

    (1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.

    http://www.legis.state.pa.us/cfdocs/...6.&subsctn=000.



    Read for yourself.
    Unless I'm missing something, that doesn't answer color of law's question, as it looks to me like the cited portion of the law refers to *concealed* carry only.

    I believe this is the section relevant to open carry in Philadelphia: https://www.legis.state.pa.us/WU01/L...1.008.000..HTM


    6108. Carrying firearms on public streets or public property in Philadelphia.
    No 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(b) of this title (relating to firearms not to be carried without a license).

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