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Philly Man Sues Over Wrongful Arrest Over Carry Dispute

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I have. I am not saying that what they said is right or in the manner which they said it. So you are saying that IF this was a bad guy the cop should keep his gun holstered UNTIL he can deterimine he is nt a bad guy. Sure maybe that will give the bad guy enough time to draw down on the cop. At the time he drew down on him the cop had no idea that he was within his right, so I say he did the right thing and protected himself until he could determine that this guy was not a threat.

Yep, that is it. Immediately assume everyone is a criminal. That's the ticket.

From the audio I heard, Mark Fiorino had more reason to draw down on the cop than the cop did to draw on him! If saying he is going to effin kill him unless he listens, while giving him conflicting instructions, is not a threat, and you imply that drawing until determined the guy is not a threat, than what is the difference?

Oh right, one wears a badge. Silly me applying the same logic to a mere citizen. Those people don't have or need rights...

Yep, that is it. Immediately assume everyone is a criminal. That's the ticket.

From the audio I heard, Mark Fiorino had more reason to draw down on the cop than the cop did to draw on him! If saying he is going to effin kill him unless he listens, while giving him conflicting instructions, is not a threat, and you imply that drawing until determined the guy is not a threat, than what is the difference?

Oh right, one wears a badge. Silly me applying the same logic to a mere citizen. Those people don't have or need rights...

 

Exactly what I was thinking. What would've happened if this were a plain-clothes cop that happened to walk by? If you're open carrying for protection and some random person starts yelling at you and pointing a gun at you telling you to get on the ground, are you going to wait to determine that he's not a cop? If you do wait, then you might as well leave your gun at home because it's not going to help save your life.

I might be in the minority here and he was within his rights, but whether he was within his rights he was looking for something to happen. Everyone here talks about feeling threatened and such, maybe the cop felt threatened. Whether this guy says he is good guy and citizen he still has to obey a lawful command. All we have is audio, no video so who knows.

 

Here is the question:

 

Is possession of a firearm, in a place where possession of a firearm is presumptively legal, reasonable suspicion that a crime has been committed or is in the process of being committed?

Here is the question:

 

Is possession of a firearm, in a place where possession of a firearm is presumptively legal, reasonable suspicion that a crime has been committed or is in the process of being committed?

 

If yes, by that logic, posession of car keys in a parking lot is reasonable suspicion that you just rear-ended someone or committed a DUI. That logic is the literal opposite of innocent until proven guilty. Actually, it might be worse, assuming that you are guilty of committing an unknown crime simply because you are presently existing.

Here is the question:

 

Is possession of a firearm, in a place where possession of a firearm is presumptively legal, reasonable suspicion that a crime has been committed or is in the process of being committed?

 

Bingo! Therein lies the heart of the matter that everyone feels so keen on arguing over.

Here is the question:

 

Is possession of a firearm, in a place where possession of a firearm is presumptively legal, reasonable suspicion that a crime has been committed or is in the process of being committed?

 

Unfortunately it is generally thought that way, regardless of any legal basis. I know for a fact that some states have explicitly stated that it is NOT reasonable suspicion. However I also know that at the very least, other agencies, such as the Philly PD, have said that it IS. Isn't that just great to hear!...

 

Bingo! Therein lies the heart of the matter that everyone feels so keen on arguing over.

 

Indeed. And for good reason too (like stated above). Truly unfortunate that it is this way.

And this is where the Constitution was signed. How ironic.

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