Philadelphia Fiorino Charged for Open Carry, July Court

Ohhh-keyyy...

I was actually avoiding this post because I knew listening to the Philly recording would piss me off one way or another.

At the risk of being excommunicated by NavyLT, I tend to lean more towards the BC1 side on this one.

The thing is, Fiorino was within his rights, but you know he was poking the bear.

It's one thing to walk down the street in, say, a small town out West where we all have a certain degree of gun savvy, versus a really large city back East, where people are scared pantless of violence, and especially of gun violence.

Fiorino was inviting a conflict, which, I must admit, is sometimes the only way to bring attention to a matter. And the police responded (as they too often do, I am afraid) with emotion rather than professionalism, To make matters worse, Fiorino embarrassed them.

Boys, if there is one thing you all can't cotton to, it's being humiliated. No one likes to admit they screwed up, and if you're a cop, a job that requires a certain amount of ego, you can multiply that by two or three.

It may be legal to carry openly in Philly, but it's not necessarily smart.

Although, I will admit, if enough people followed suit, Fiorino's neighborhood would probably be a lot safer.

He also further aggravated the cops by recording them, which MAY be illegal in Pennsylvania. (Electronic communications there require two-party consent. It is not clear if that extends to the public venue).

So, in my opinion, however humble or not, both sides did a little pooch-screwing on this one.

The thing that really chaps my hide, though (I can say that, I live out West) is that even though Fiorino was being an instigator, the police department was OPENLY exposed, OPENLY confessed to having been incorrect, and then turned around and OPENLY said they planned to do exactly the same thing in future circumstances. It's one thing to make a mistake. It's quite another to plan to continue making the same mistake in the future.
 
This is a civil rights issue, plain and simple. The fact that it involves firearms is incidental to the issue IMO. The Philly cops are no different than Bull Connor and the fire hoses of Birmingham. The 2A will hopefully be ruled a core right and therefore it will be a right that can be regulated but will have to be treated in a better fashion that the PPD seems to be doing while they decide if you are allowed to do something legal..
 
Not OT at all. We are discussing the PPD's treatment of a law abiding citizen exercising his constitutional right, or a lack of them, depending on your perspective.

The pic is a dead squirrel posed with 2 GI Joe action figures

sick yes?
 
Not OT at all. We are discussing the PPD's treatment of a law abiding citizen exercising his constitutional right, or a lack of them, depending on your perspective.

The pic is a dead squirrel I posed 2 GI Joe action figures

sick yes?

I got that picture in an email a few years ago. It was titled "What boys do with action figures." Absolutely hilarious!
 
Not OT at all. We are discussing the PPD's treatment of a law abiding citizen exercising his constitutional right, or a lack of them, depending on your perspective.

The pic is a dead squirrel I posed 2 GI Joe action figures

sick yes?

No,no! You weren't off topic, I was! And you're a twisted individual, and I'm laughing so hard I can hardly type. I thought it was people, and some kind of, I don't know, giant Central American Aardvark. Oh heavens. I have to step away now....
 
This is a civil rights issue, plain and simple. The fact that it involves firearms is incidental to the issue IMO. The Philly cops are no different than Bull Connor and the fire hoses of Birmingham. The 2A will hopefully be ruled a core right and therefore it will be a right that can be regulated but will have to be treated in a better fashion that the PPD seems to be doing while they decide if you are allowed to do something legal..

This incident is not about the 2nd Amendment, though. It is ENTIRELY a 4th Amendment issue. The police seized the person of Fiorino with no RAS of a crime being committed. Just because a gun is involved does not necessarily make it a 2nd Amendment issue. If the legality of carrying the gun was in question, then it would become a 2nd Amendment issue. However, since the legality of carrying the gun is not in question, it becomes a 4th Amendment violation in that PPD detained a person without his consent only because he was engaging in perfectly legal activity.
 
At the risk of being excommunicated by NavyLT, I tend to lean more towards the BC1 side on this one.

I actually agree with about 99% of what you posted. What I don't agree with is BC1's attitude that a person should not engage in legal activities that they have a right to engage in because it might elicit a negative response from the police.

We don't live in a police state (yet). If we all followed BC1's advice, we would live in a police state. I don't cater to what police might like or dislike. I don't give a rat's butt if the police don't particularly care for an action I am performing. I am not going to adjust the actions in my normal everyday life to suit what police like or dislike.

That being said, I don't see the need to engage in flamboyant actions in an attempt to catch the attention of the police either. My incident with a cop with a bad attitude happened simply because I was eating dinner in a restaurant at 6:00ish PM. That's what normal American's do. I just happened to be wearing a gun in a holster with a fastened retention strap on my belt. I am not going to change that behavior just because a cop doesn't like it because someone calls 911.

I should not be responsible for preventing people from calling 911 simply because I am doing the same thing that is expected of normal everyday Americans to do - eat dinner quietly in a restaurant at 6:00 pm. If they don't like the inanimate object that I am wearing on my belt then tough s&%t. And if the cops can't uphold their responsibility to PROTECT my 4th Amendment rights, then they shouldn't be cops. But I am not going to take responsibility and change my life habits because they can't abide by the 4th Amendment that they are sworn to uphold.

We should be outraged that the minority of these types of police officers are using our tax dollars that are paying their salaries to harrass law abiding citizens when they are getting paid to protect and to serve and obey the same laws that you and I have to. It doesn't matter if there is some guy out there poking at them, they are paid to be professionals, and professionals would simply ignore such behavior until the behavior crosses the line into being illegal.
 
Yes, that's right. Just move to the back of the bus like they tell you to. Get away from that lunch counter. Don't drink at that water fountain. Don't cause a commotion. They're just doing their job.
And don't forget to fork over your life savings to an attorney.
 
And don't forget to fork over your life savings to an attorney.

Somebody's got to stand up for the Constitution. You aren't going to.

That's the problem with this concept we call freedom... it's just going to piss off some people.
 
Also, I didn't notice this paragraph at first look.

"A new investigation was launched, and last month the District Attorney's Office decided to charge Fiorino with reckless endangerment and disorderly conduct because, a spokeswoman said, he refused to cooperate with police... He's scheduled for trial in July."

K, so, the way I see it, it WAS a Second Amendment issue. Right up until the time the police department was informed, by their own legal council, that Fiorino was within his rights. At that point they should have just backed down. Pursuing this is ludicrous, and DOES make it not only a Fourth Amendment, but also a First Amendment issue.

"Reckless endangerment" is a serious stretch. And "disorderly conduct" just makes me want to say some very bad words. Yeah, he was being a butthead, but he cooperated fully. He didn't even get half as sassy as I would have.
 
You want to OC? Fine with me. Only now I will modify my offensive strategy to perpetrate a crime against you.

Anybody with just an ounce of common sense or a glimmer of intelligent spark behind the eyes, even a criminal, would simply wait two minutes for the guy with the gun to leave, or would walk down the street one block to the next convenience store where there isn't a guy with a gun and rob them. Especially since the goal of the criminal is to obtain what they want in the quickest and easiest way possible, with the least likely chance of getting caught. When only, probably, 1/10th of 1% of the public openly carries a gun, it doesn't take a rocket scientest to figure out that those 1/10th of 1% aren't going to be the target of choice when the criminal has 99.9% of the population that isn't visibly carrying a gun to choose a target from.

Unfortunately it seems as if your classroom theories, spawned by a desire to make a living from teaching concealed carry have blinded you to the way things work on the street.

That being said, there are places where I would agree are not safe to open carry and concealed carry is safer. Areas such as high gang activity where the gangs would view the open carrier as a challenge and a prize to bolster their reputation.

As far as your everyday criminal, though.... he isn't stupid enough to alter his attack because a guy is carrying a gun. They are going to be smart enough to just wait for the next guy to come along.
 
Somebody's got to stand up for the Constitution. You aren't going to.

That's the problem with this concept we call freedom... it's just going to piss off some people.
Doctor, my arm hurts when I lift it.

Then don't lift it. :biggrin:
 
Doctor, my arm hurts when I lift it.

Then don't lift it. :biggrin:

A priest happened to be going down the same road, and when he saw the man, he passed by on the other side.
So too, a Levite, when he came to the place and saw him, passed by on the other side.
But a Samaritan, as he traveled, came where the man was; and when he saw him, he took pity on him.
He went to him and bandaged his wounds, pouring on oil and wine. Then he put the man on his own donkey, brought him to an inn and took care of him.
The next day he took out two denarii and gave them to the innkeeper. ‘Look after him,’ he said, ‘and when I return, I will reimburse you for any extra expense you may have.’
“Which of these three do you think was a neighbor to the man who fell into the hands of robbers?”
The expert in the law replied, “The one who had mercy on him.”



Freedom is not free. But it is always easier to let someone else bear the cost.
 
Unfortunately it seems as if your classroom theories, spawned by a desire to make a living from teaching concealed carry have blinded you to the way things work on the street.

That being said, there are places where I would agree are not safe to open carry and concealed carry is safer. Areas such as high gang activity where the gangs would view the open carrier as a challenge and a prize to bolster their reputation.

As far as your everyday criminal, though.... he isn't stupid enough to alter his attack because a guy is carrying a gun. They are going to be smart enough to just wait for the next guy to come along.
You presume to know a lot about me. Ever been shot? Stabbed? Ever had a child abducted and stabbed to death? Ever found the body and try to save his life? Ever buried a murdered child? Ever created a foundation that has taught over 50,000 kids how to avoid abduction? Ever lectured on the patterns of anti-social personality disorder or pedophiles? Ever trained a K9 protection dog? Ever worked as an investigator? Ever worked in bail recovery? Ever worked the ghetto? Ever dealt with a home invasion? Ever taught in a college-level paralegal program? Ever worked for the U.S. Attorney performing digital investigations? Are you an expert in any defensive strategy such as Krav Maga. Are you certified to teach knife defense, improvised weapons, belts & straps, wolfpack defense? Have you been teaching these disciplines for over 20 years? Do you have any instructor training at all? Are you currently under a publishing contract to write a book on these subjects as I am? When you've done these things you can talk to me about experience. Tactically, OC is a loser. Any well-trained tactical instructor will agree it removes the element of surprise.

Earlier in your posts you tried to say that there has never been a case of a person's gun being taken away an used in a crime. Now you agree with my position in that thread that some areas aren't safe for OC, WHICH IS THE ONLY PROBLEM I HAVE WITH OC. Are you for or against astro-turf. Make up your mind.

Please be advised when quoting the social or socio-economic patterns of criminals that as a group, street criminals aren't smart or resourceful. I've seen them walk right past an alarm sign and camera and attempt a break-in. They're tweeked out, dusted or drunk. They're drop-outs with a history of homelessness and a lack of education and gut value programming. They lack frontal lobe development and thus have poor impulse control. And the statistic is that 2.3% of all men are sociopaths and roughly 2.5% will commit some form of violation or misdemeanor level crime in their lifetime. They may also be non-violent. They may be classified as thiefs, fist fighters, burglars, sex offenders, pedophiles or harassers. Just because you don't agree with another person's (experienced and educated) position on an issue, you should refrain from insulting those in the field. There isn't enough room in the signature line to list my credentials. Don't assume it's limited to an NRA instructor.

Now each of us will have our own beliefs based on our education and experience. I have mine and you have yours. Mine come from being stabbed, shot at and grazed. No one can tell you what's best for you. If you feel more comfortable with OC then by all means do it. Make an argument for it. Spend money on attorneys or lobby for legislation on the subject. It doesn't bother me to see someone exercising his rights. And I do believe in your right to OC. But these damn LEO keep hassling everyone an that's the real shame. I live in commie NYS where there is no OC anyway so we don't encounter the problem. But even when in another state my personal preference is to retain the element of surprise.

NavyLT, lighten up... it's just a personal opinion/preference.
 
NavyLT, lighten up... it's just a personal opinion/preference.

That's fine. I don't care what your personal opinion/preference is. I have a problem with you telling other people how they should behave, and being chastising when they act in a manner that you don't agree with, even though they are doing nothing illegal and doing nothing other than exercising their rights, to wit:

First, just conceal the damn thing and stop inviting trouble.

Second, obey the police at all times. It will get sorted out based on the law. But if the LEO doesn't know the law you're not going to educate him on the scene. When refusing to get on your knees you're guilty of obstruction and are inviting a forceful takedown. Just shut up and let the law work its solution.

The best fight you ever win is the one you don't have. Conceal it, shut your mouth and obey LEO commands. Damn this site is crammed with the same open-carry trouble story over and over.

I would suggest that you follow your own advice, to wit:

BC1 said:
lighten up... it's just a personal opinion/preference.
 

New Threads

Members online

No members online now.

Latest posts

Forum statistics

Threads
49,531
Messages
610,692
Members
75,032
Latest member
BLACKROCK6
Back
Top