rstickle

It was in Beaver, PA and I did notice from the first post that the person carrying was reported to the police by a third person. Now if the exchange also reported in that post is accurate, the person carrying was never asked to leave, just taken into custody, that just seems wrong.

__________________
Rick

EOD - Initial success or total failure

Ship A'Hoy

USC Title 18, Section 1752

Sec. 1752. Temporary residences and offices of the President and pthers


(a) It shall be unlawful for any person or group of persons -

(1) willfully and knowingly to enter or remain in

(i) any building or grounds designated by the Secretary of
the Treasury as temporary residences of the President or other
person protected by the Secret Service or as temporary offices
of the President and his staff or of any other person protected
by the Secret Service, or

(ii) any posted, cordoned off, or otherwise restricted area
of a building or grounds where the President or other person
protected by the Secret Service is or will be temporarily
visiting, in violation of the regulations governing ingress or egress
thereto:

(2) with intent to impede or disrupt the orderly conduct of
Government business or official functions, to engage in
disorderly or disruptive conduct in, or within such proximity to,
any building or grounds designated in paragraph (1) when, or so
that, such conduct, in fact, impedes or disrupts the orderly
conduct of Government business or official functions;

(3) willfully and knowingly to obstruct or impede ingress or
egress to or from any building, grounds, or area designated or
enumerated in paragraph (1); or

(4) willfully and knowingly to engage in any act of physical
violence against any person or property in any building, grounds,
or area designated or enumerated in paragraph (1).
(b) Violation of this section, and attempts or conspiracies to
commit such violations, shall be punishable by a fine under this
title or imprisonment not exceeding six months, or both.
(c) Violation of this section, and attempts or conspiracies to
commit such violations, shall be prosecuted by the United States
attorney in the Federal district court having jurisdiction of the
place where the offense occurred.
(d) The Secretary of the Treasury is authorized -

(1) to designate by regulations the buildings and grounds which
constitute the temporary residences of the President or other
person protected by the Secret Service and the temporary offices
of the President and his staff or of any other person protected
by the Secret Service, and

(2) to prescribe regulations governing ingress or egress to
such buildings and grounds and to posted, cordoned off, or
otherwise restricted areas where the President or other person
protected by the Secret Service is or will be temporarily
visiting.
(e) None of the laws of the United States or of the several
States and the District of Columbia shall be superseded by this
section.
(f) As used in this section, the term "other person protected by
the Secret Service" means any person whom the United States Secret
Service is authorized to protect under section 3056 of this title
when such person has not declined such protection.

__________________
"Success is not Final, Failure is not Fatal, it is the Courage to Continue that Counts"
Sir Winston Churchill

Double Naught Spy

By Penn law, I believe you are in error on your assumptions, but even so and as noted above, it may not be a state offense, but federal...

§ 5503. Disorderly conduct.
(a) Offense defined.--A person is guilty of disorderly
conduct if, with intent to cause public inconvenience, annoyance
or alarm, or recklessly creating a risk thereof, he:
(1) engages in fighting or threatening, or in violent or
tumultuous behavior;
(2) makes unreasonable noise;
(3) uses obscene language, or makes an obscene gesture;
or
(4) creates a hazardous or physically offensive
condition by any act which serves no legitimate purpose of
the actor.
(b) Grading.--An offense under this section is a misdemeanor
of the third degree if the intent of the actor is to cause
substantial harm or serious inconvenience, or if he persists in
disorderly conduct after reasonable warning or request to
desist. Otherwise disorderly conduct is a summary offense.
(c) Definition.--As used in this section the word "public"
means affecting or likely to affect persons in a place to which
the public or a substantial group has access; among the places
included are highways, transport facilities, schools, prisons,
apartment houses, places of business or amusement, any
neighborhood, or any premises which are open to the public.

Cross References. Section 5503 is referred to in sections
3573, 8902 of Title 42 (Judiciary and Judicial Procedure).

__________________
Considering yourself to be defenseless is the first administrative step to becoming a victim.

spooter66

Here is a link to this to this same discussion over at OCDO: MTN Jack arrested - Pennsylvania

PA law says exactly what can be considered disorderly conduct, and doesn't really leave any loopsholes for the POPO. Here's how the law reads in PA:

DISORDERLY CONDUCT

(a) Offense defined.--A person is guilty of disorderly conduct if,
with intent to cause public inconvenience, annoyance or alarm, or
recklessly creating a risk thereof, he:

1. Engages in fighting or threatening, or in violent or tumultuous
behavior;
2. Makes unreasonable noise;
3. Uses obscene language, or makes an obscene gesture; or
4. Creates a hazardous or physically offensive condition by any
act which serves no legitimate purpose of the actor.

#4 is about the biggest loophole, but even that doesn't leave a lot of wiggle room for police, at least as far as open carry is concerned.

Here's a snippet from another forum about open carry in PA:

"Though this section does not deal with firearms,
due to the nature of this code, this law has been cited by
officers to suppress or discourage lawful open carry. Since a
person who is not licensed per §6109 or exempted by §6106(b)
MUST open carry their firearms on foot in order to avoid criminal
charge, nor is there any duty for anyone licensed to conceal their
handgun, open carry is not disorderly conduct. The open carrying
of firearms is not by itself threatening, nor does it cause a hazardous
or physically offensive condition. There are also two cases
that that specifically state that a person may carry a firearm
openly: Commonwealth v. Ortiz www.tinyurl.com/2wtovz
and Commonwealth v. Hawkins. www.tinyurl.com/346wwr"

__________________
"I like pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals." - Sir Winston Churchill

packinnova

Section "(e)" is key in this situation if there's nothing on the books for this situation in Penn state codes.

__________________
-The Mist (2007)

edr9x23super

All legal matters aside, I think the reason they treated this guy the way they did was obviously because Obama was there; i noticed another poster said he was OC within 20 feet of Hillary and was not arrested, but can you imagine the backlash in the media if Beaver, Pa. was the place where a "crazed gunman" assassinated democratic presidential candidate Barack Obama? After all, the man was carrying a gun right out in the open and just walked up and .......

So you just know the local LEOs are going to be all over anyone packing heat within a mile of Obama just because nobody wants to be known as the place where some yahoo gunned him down. Just ask anyone from Dallas, TX about that. Dallas will be forever known as the place where Camelot died when President Kennedy was killed.

__________________
"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined". - Patrick Henry

762

__________________
Let's Roll - Todd Beamer

MOΛΩN ΛABÉ

tflhndn

While this is true, there is a substantial difference between LEo approaching this man, detaining him, arresting him and charging him.
Under the circumstances, I don't think anyone would be surprised by LEO approaching the man and chatting with him. IMHO, they would be negligent not to.
While I do not personally agree with it, I could see the man being asked to disarm given the impending arrival of a presidential candidate.
What, at least according to the info we have, is problematic is the arrest.

jahwarrior72

being approached by LEO and having a chat about why OC was probably not a good idea would have been acceptable. being arrested and charged with a non-existant crime, while being outside of the secret service's security "perimeter" in peaceful protest, is not acceptable, at all. the man who was arrested had a bible and a holstered gun, while passing out gun rights fliers and other media, in an obvious protest to mr. obama's comments on people who "cling to their religion and their guns" in PA.

what this whole situation boils down to, is that mr. obama's camp is attempting to stifle any criticism, by any means necessary, from arresting reporters, to arresting non violent protesters. this goes beyond gun rights; it's a matter of general civil rights violations.

__________________
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archer51

I don't think this has anything to do with Obama. I think the same thing would have happened if it had been McCain who was coming. SS and LEO are going to error on the side of caution, after all the protection of the life of the candidate is their main concern. I do not agree with the man being arrested, and I think eventually the charges will be dropped. Theres no doubt it could have been handled in a better way.