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RadioPatrol
Guest
Gun owners to demand Habeas Arma!
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It looks like the Dickson City (a borough in Lackawanna County, PA) police and Lackawanna County District Attorney have erected a “new order” in Pennsylvania – one where citizens must present their identity papers and give up their guns to police on demand.
Or, maybe Dickson’s finest are just trying to borrow a page from the play book of their bros’ in blue from the City of Brotherly love. . . [1]
The facts[2]
The facts are simple and not in dispute – a few folks, including families with small children, met up for dinner at the Old Country Buffet on Friday, May 9.[3] Apparently a customer called the police to report that some of these people were openly carrying handguns. Next thing you know, Dickson City Patrolman Tony Mariano and female Officer Gallagher rolled up and proceeded to roust everyone away from their dinners, demanded identity documents from anyone they saw openly carrying guns, and seized the guns for some sort of Orwellian “serial number check.”
When Luzerne County resident Rich Banks[4] and his wife Judy went over to the police and asked them what was going on, the police threatened to arrest Judy unless she turned off her camcorder, and then unlawfully arrested Rich when he declined to show identification[5] – Rich was then searched and placed in cuffs in a squad car.[6] Rich’s 6 year old son was upset and crying and several of the women in the party became nearly hysterical.[7]
For some time thereafter, squad cars full of police from the city of Scranton and Lackawanna County rolled up to assist in the illegal detention, ID checks, and serial number gun checks of these law abiding citizens just trying to eat dinner together.
Police start to get nervous
But something was wrong – Banks could see officers from the various jurisdictions franticly making cell phone calls and talking to each other – after a while, Officer Gallagher, the mean spirited officer in charge, who told Rich’s wife she did not want to be filmed because she might want to go back to “under cover work some day,” came over to Rich and said they were going to go easy on him and release him. But . . . Gallagher said he could not get his gun back until he “proved ownership” because there was no record of his gun in police records. Mr. Banks – a “gun smith” with a federal gun dealer license – explained to Gallagher that her seizure, arrest, and search of his person was unlawful and demanded his property be returned immediately because there was no more reason he had to prove he owned the gun than to prove he owned the TV in his house. Retorted an angry Gallagher, “I heard enough from you tonight!,” slamming the squad door in a huff.
Incredibly, officer Gallagher then claimed to have contacted unknown elements of the Lackawanna District Attorney’s office which allegedly ordered her not to return Banks’ gun until he “proved ownership.”[8] Banks demanded a receipt from the police – so they wrote a note (attached, with serial number redacted).
So that’s the story – a bunch of police, acting like thugs, unlawfully roust and harass gun owners and their families for the crime of obeying the law – and then drive away after stealing a gun.
Police look for cover from restaurant management
As the police began winding down their Kafkaesque theater act, one of the officers asked the Old Country Buffett manager on duty if he “had any problems” with the group remaining at the restaurant. The manager responded laconically that “we had no problems ‘till you showed up.”
The law:
It’s pretty simple actually. Pennsylvania is like most states. There is no gun registration, and, generally, anyone 18 years of age or over can openly carry a handgun on foot without any license to do so, even while eating dinner.[9] As a constitutional matter, a mere 911 call reporting a “man with a gun” does not allow the police to detain or search anyone.[10] And while it is true that the Pennsylvania State Police maintain a handgun sales database consisting of information reported to them by Pennsylvania gun dealers,[11] it is not a crime to own or carry a gun not listed in the database which only consists of guns transferred through Pennsylvania gun dealers anyway.[12] And the police have no power to confiscate personal property for failure to carry proof of ownership.
What’s next?
Habeas Arma!
OpenCarry.org calls on the Lackawanna County District Attorney to order Mr. Banks gun returned to him immediately without any further demands for “proof of ownership,” whatever that is supposed to mean.
Further, we call for the suspension and prosecution of Patrolman Mariano and Officer Gallagher and any member of the Lackawanna District Attorney’s office involved in this travesty for violations of civil rights under federal and Pennsylvania law, including Pennsylvania’s “Official Oppression statute.”[13]
Finally, Dickson City Police Chief William Stadnitski had better get his Department under control such that no officer ever treat guns like “contraband” or gun owners like second class citizens. And it looks like the Chief knows his officers’ were out of control – this incident has not been posted to his Daily Activity report at Police.[14]
