Carrying Concealed Not Legal Grounds to Stop and Search a Person in PA

AmmoLand ^ | 25 December, 2019 | Dean Weingarten

[marktwain]

At about 2:30 in the morning of 28 June, 2014, Michael Hicks was at a convenience store in Allentown, Pennsylvania. Hicks had a valid concealed carry permit, and had a handgun in an outside the waistband holster, concealed by his shirt.

Open carry is generally legal in Pennsylvania, but it is not legal to open carry in a vehicle. This limits the practicality of open carry on a regular basis.

Video surveillance of the scene showed Hicks adjusting his shirt, briefly allowing the handgun to be seen before approaching the convenience store. Hicks goes about his business, but minutes later is stopped by police. The Supreme Court of Pennsylvania watched the surveillance video and described what happened:

Hicks arrives at the Pace Mart at 2:31 a.m.and parks his vehicle at a gas pump. A second, unidentified individual already was parked at an adjacent gas pump. The individual clearly recognizes Hicks as an acquaintance, and approaches Hicks’ vehicle to greet him. Hicks exits his vehicle, and his firearm becomes visible, albeit barely. Hicks either is holstering the firearm or adjusting his garments around it when the second individual reaches Hicks’ driver’s side door, which is still open.The individual greets Hicks, and the two men shake hands with a brief, one-armed embrace.Hicks does not appear to gesture or point to the firearm, and he does not remove it from his waistband at any point.Hicks begins to walk toward the convenience store, continuing to adjust the position of the handgun, which becomes more clearly visible for a moment. Thereafter, the handgun is holstered outside Hicks’ waistband and covered by his shirt, but its outline remains visible. Hicks enters the store, exits a short time later, then returns to the gas pump, where he begins to fuel his vehicle. Hicks speaks briefly to

[cuban leaf]

Naw. They may rhyme, but that’s about it.

[Red in Blue PA]

Article I, section 21 of the Pennsylvania State Constitution: “The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.”