PA Supreme Court - Concealed carry is not RAS of a crime

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SA-TX
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PA Supreme Court - Concealed carry is not RAS of a crime

#1

Post by SA-TX » Mon Jun 03, 2019 1:57 pm

The case is the Commonwealth of Pennsylvania vs. Michael J. Hicks, decided on 5/31/19. The opinion can be downloaded from here https://law.justia.com/cases/pennsylvan ... -2017.html.

I note a few things:

- It follows many other jurisdictions and the SCOTUS in that it declines to create a "firearms exception" to Terry vs. Ohio.

- PA has long been gun-friendly but I wondered if the composition of the PA Supreme Court or Legislature had changed that. Thankfully, at least for PA SC, the answer appears to be no.

- While there were concurrence opinions, I believe the outcome was unanimous. :hurry:

- I believe that the lead opinion was a majority meaning this is binding precedent

- The analogy of car driver's licenses and the SCOTUS case of Prouse was prominently featured

I don't know if the Texas SC or CCA has decided this for us but I think this opinion is excellent.

SA-TX


Papa_Tiger
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Re: PA Supreme Court - Concealed carry is not RAS of a crime

#2

Post by Papa_Tiger » Mon Jun 03, 2019 2:39 pm

SA-TX wrote:
Mon Jun 03, 2019 1:57 pm
The case is the Commonwealth of Pennsylvania vs. Michael J. Hicks, decided on 5/31/19. The opinion can be downloaded from here https://law.justia.com/cases/pennsylvan ... -2017.html.

I note a few things:

- It follows many other jurisdictions and the SCOTUS in that it declines to create a "firearms exception" to Terry vs. Ohio.

- PA has long been gun-friendly but I wondered if the composition of the PA Supreme Court or Legislature had changed that. Thankfully, at least for PA SC, the answer appears to be no.

- While there were concurrence opinions, I believe the outcome was unanimous. :hurry:

- I believe that the lead opinion was a majority meaning this is binding precedent

- The analogy of car driver's licenses and the SCOTUS case of Prouse was prominently featured

I don't know if the Texas SC or CCA has decided this for us but I think this opinion is excellent.

SA-TX
I'm sure that PA's version of CLEAT is up in arms about how this will make the jobs of law enforcement officers much more difficult, make it harder to determine the good guys from the bad, decrease officer safety and take another tool out of their tool chest.

We heard this exact tripe MANY times this session when the legislature was discussing the "Fine only class C misdemeanor = no arrest absent articulable present danger to the public" bill/amendments that were being sponsored by Rep. Moody. I don't agree with him on much, but on this issue we definitely have common ground.


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Re: PA Supreme Court - Concealed carry is not RAS of a crime

#3

Post by LDP » Mon Jun 03, 2019 3:56 pm

We accordingly overrule Robinson and those decisions of our Superior Court that
have reaffirmed and applied its holding.
NICE! :hurry: :hurry: :hurry: :thewave

Now .... how long till every LEO gets educated on this new over-ruling? :mrgreen:

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anygunanywhere
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Re: PA Supreme Court - Concealed carry is not RAS of a crime

#4

Post by anygunanywhere » Mon Jun 03, 2019 4:04 pm

I was always under the impression that the mere possession of a firearm including vehicle carry and concealed carry was not RAS for a crime already and could not be used as a reason for a search.
"America is like a healthy body and its resistance is threefold: Its patriotism, Its morality, and its spiritual life. If we can undermine these three areas, America will collapse from within." Joseph Stalin


kayt00
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Re: PA Supreme Court - Concealed carry is not RAS of a crime

#5

Post by kayt00 » Mon Jun 03, 2019 4:06 pm

RAS?
ΜΟΛΩΝ ΛΑΒΕ
Nevermind...
All lost in a tragic kayaking incident.

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Re: PA Supreme Court - Concealed carry is not RAS of a crime

#6

Post by Jusme » Mon Jun 03, 2019 4:10 pm

kayt00 wrote:
Mon Jun 03, 2019 4:06 pm
RAS?
Reasonable articulatable suspicion.
Take away the Second first, and the First is gone in a second :rules: :patriot:

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