Open Carrier harassed and threatened in Philadelphia

Mark Fiorino, a fellow gun owner in the state of Pennsylvania, was walking to a local auto parts store when he was confronted by officers of the Philadelphia Police Department because he was openly carrying his firearm.  In our commonwealth, open carry is completely legal without a license except for when carrying in a car, in the city of Philadelphia and during the time of a declared emergency.  The statue below, which can be found in the PA Uniform Firearms Act, is the current law with regards to carrying in Philadelphia.

§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)

Mark made a post about this incident on a PA gun forum:

I was visiting my mother today in Philadelphia to help her around the house and spend time with her. While there, I walked over to the local AutoZone to pick up a part for my car. I was OC due to the (finally) gorgeous weather.

I have learned to always keep my recorder on me and recording when I am in public in Philadelphia, due to the over-zealous nature of the police, and today, I am glad I followed that rule.

As I walked down the street towards the store, I caught a glimpse of a Philadelphia Police cruiser out of the corner of my eye, traveling in the same direction I was.

A few moments later, I hear a vehicle’s transmission roughly slam into “P” very close by.

“Hey, Junior!” comes a voice from the other side of the squad car.

“Junior?!” I replied, as I turned around. I thought to myself, that’s kind of a condescending way to greet someone, isn’t it? As I turned, I prepared to ask the police officer what I could help him with.

It was then that I noticed the officer had his gun trained on my chest.

At least seven officers, 5 squad cars, and a threat of a taser later, I found out what it was like to sit in the back of a paddywagon.

Here’s the first 15 minutes of the encounter which contains the bulk of the exchange.

(the video posted below is disturbing and contains graphic language)

About Andrew Shemo

I'm a liberty fighter from the outskirts of Philadelphia, PA.
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16 Responses to Open Carrier harassed and threatened in Philadelphia

  1. Traci Sult says:

    Those police are disgusting and dispicable. It’s pretty pathetic when they don’t know their own laws!

  2. Bill Tsafa says:

    Its a violation of that persons civil rights… no different then if he was harassed for his race, religion or what he was saying.

  3. James says:

    Mr. Fiorino job is to go around and purposely rile up cops with the new open carry law. I suppose he is lookin to win a lawsuit who knows, that his deal. But since an officer cannot look at you in Philly and know you have a license to carry until the officer can prove you have a license and you have a gun on your hip you should be dealt with at gunpoint. The officer does not know who you are, what license you have, or your intention with the firearm and the officer’s main priority is going home to his family. As for the profanity well sorry if your offended. It’s great the city had to use seven officers to deal with this idiot lookin for a payday while people who need the police have to wait. Way to go, Mark fight the good fight you loser

    • rich says:

      so if you are driving your car, does a cop have to pull you over to see if you have a license to drive? i mean he doesnt know who you are and all right? the guy was doing nothing illegal, and the open carry law is not new

    • James says:

      well said a trouble maker will always find trouble.

  4. Andrew Shemo says:

    Open Carry has been legal for quite some time so there is nothing “new” about it.

    Mr. Fiorino is always doing harmless things in the city of Philadelphia when he’s harassed by the police. I don’t think walking to auto zone to get a part for his Mother’s car is “purposely riling up cops”. If you do, then our ideals are drastically different.

    The problem with the way Philadelphia Police Officers continue to harass open carriers is the fact that they generally don’t have reasonable suspicion that a crime was being committed, thus is doesn’t warrant a legitimate stop. Cops just can’t stop you, question you, and lock you in their car for almost an hour because they’re cops. That’s unlawful and warrants a lawsuit at the very least.

  5. James says:

    I agree that cant lock you up for an hour. But like I said cops have an obligation to ensure that a gun being carried on the street can legally be done so, and in order to accomplish that their going to have to see if you have valid license to carry in Philadelphia. In the rest of the state true they can just stop you, because out there you do not need a license to carry in order to “open carry”. The reasonable suspicion to stop a person within city limits who is openly carrying is to ensure they are licensed to do so, we have enough unlicensed guns in this city. If you dont wanna be harrassed then don’t open carry when visiting Philly. And trust this guy was just innocently going to Auto Zone, this is the third time he has eniticed the Philadelphia Police to stop him, he doesnt talk about the stop where this moron only had a Xerox copy of his license to carry and not the actual license, which if he did his homework he would know this is not valid proof and his gun was legally taken. I guess he lost that tape,

    • Moe says:

      Please define “unlicensed gun”.

      If you are referring to those who walk around concealing a weapon without a LTCF, then call them criminals.

      A a propertly licensed, law abiding citizen exercising his/her rights should not be unlawfully detained.

      Criminals rarely walk down the street with a holstered firearm.

    • Abdul says:

      Bullshit. Fact is if someone is OC…the cops should damn well know they’re not dealing with a scumbag. Fact is…if a guy is OC….all they have to do is ask politely…for his license.

  6. Andrew Shemo says:

    I don’t agree that the city of Philadelphia has RAS to stop someone simply for carrying a firearm. If that were a legal reason to stop someone, then gun owners would probably never want to go to Philadelphia and police officers would have a huge window to stop and question citizens.

  7. Abdul says:

    Pretty typical in a ghetto, lowlife city where PM’s have more rights that law abiding, licensed citizens.

    He’d be OK if he was carrying a club or a knife outside a polling place, wouldn’t he?

    Cops…are total assholes when it comes to OC…..the stupid bastards figure they’re the only ones allowed to carry. The 2nd Amendment means nothing to these “legal thugs”.

  8. Mr Jones says:

    In agreement with Abdul. Too many cops have the arogant attitude that “only they” are “qualified” to carry a gun. Remeber the DEA idiot who shot himself in front of a class of grade school kids? http://www.youtube.com/watch?v=MeGD7r6s-zU
    This dumbass isn’t qualified to even handle a gun, much less carry one. Why was it necesssary to have a LOADED handgun in a room full of kids? What if the bullet had ricocheted off the floor and hit a kid in the head? This idiot then had the nerve to sue over the video of the incedent being posted! http://www.thesmokinggun.com/documents/bizarre/dea-agent-foot-shoot-suit
    There are a lot of good cops, but there’s no doubt a major attitude shift is needed towards common sense and actual KNOWLEDGE of the laws they are charged with enforcing. And please spare me the sob story about how hard it is to be a cop – the job is voluntary – if it’s more than you can handle then seek employment elsewhere. We need cool heads in law enforcement who can handle the pressure and deal with people in a professional way – not foul-mouthed hotheads who go ape-shit at the first sign of disrespect.

  9. Pingback: Mark Fiorino, Philadelphia Open Carrier incident update! | Liberty Thinkers

  10. illomendnb says:

    If one is not in suspicion on a crime then, no, the officer does not have the “right” to violate your basic and civil rights. Open Carry is not a mystery and should have been the second thing that crossed the officers mind. He was walking calmly – not running or acting erratic. I have been approached by officers asking me to identify myself in regards to me carrying my .45 openly and engaged in a civil back and forth until they were calmly satisfied with my identity and answers. I have never had a peace officer draw down on me or make me “shut the fuck up” for exercising my rights. Regardless of Mr. Fiorino’s personal motives, basic law and enforcement of said law seems to be less of a concern to certain officers under oath to “protect” and more about just “serving”.

  11. Pingback: The PPD is harassing open carriers…AGAIN! - Liberty Thinkers | Liberty Thinkers

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