The Philadelphia Loophole

Via Radley Balko, it seems that the cops don’t love guys with concealed carry permits as much as one might think.  The Philly Inquirer  interviews nine permit holders who weren’t treated with the respect they deserved.

Eight of the men said that they were detained by police – two for 18 hours each. Two were hospitalized for diabetic issues while in custody, one of whom was handcuffed to a bed. Charges were filed against three of the men, only to be withdrawn by the District Attorney’s Office.

Now most folks who apply for a carry permit tend to feel a certain camaraderie with law enforcement.  These aren’t the sort of guys who run around with illegal handguns, intending to do harm, rape and pillage.  These are the ones who believe in being prepared in case some other guy intends to do harm.  You don’t get a permit if you’re a bad guy.

So why are the cops in the City of Brotherly Love so unimpressed with concealed carry permit holders?

The “loophole” is unpopular with Philadelphia cops, who say that it allows those denied a permit here or whose permits were revoked to circumvent Philadelphia authorities and obtain it elsewhere.

But proponents say that it’s necessary because Philadelphia has unusually strict criteria for obtaining a concealed-carry permit. Philadelphia, according to police and gun owners, relies heavily on a clause that allows denial of a permit based on “character and reputation” alone.

The problem is that these people possess a perfectly valid concealed carry permit, but not one that the local cops like.  They know it’s valid.  They know it’s lawful for people to carry a concealed weapon with this permit, but what better way to make their displeasure clear than to pretend otherwise and make their lives miserable with false arrests and needless custody. 

So what does the Philadelphia police department say to explain their infliction of needless pain?

Despite following the law, all of the men said that they were treated like criminals by city cops who either ignored their rights or didn’t know the laws.

Lt. Fran Healy, special adviser to the police commissioner, acknowledged that some city cops apparently are unfamiliar with some concealed-carry permits. But he said that it’s better for cops to “err on the side of caution.”

“Officers’ safety comes first, and not infringing on people’s rights comes second,” Healy said.

Balko’s reaction to this announced bit of absurdity is “It doesn’t get more succinct than that.”  Certainly, there’s no doubt (has there ever been?) that officer safety comes first.  As I’ve written many times, the first rule of policing is make it home for dinner.  But Healy’s excuse is only an excuse, and since it’s not a truthful reflection of what’s happening, it’s not something to rely on.

The bottom line is that the Philly cops want control over who, other than them, gets to carry a gun in their jurisdiction.  Forget the Second Amendment RKBA nuts; this is about control.  There’s no safety issue after a guy with a gun shows the cop his permit.  There’s just an opportunity to teach a lesson, that in Philadelphia, you play by their rules.

There isn’t a cop in the country who will choose to put his life at risk to assure that constitutional rights are not infringed.  Frankly, who can blame them?  But that’s got nothing to do with going the extra step, detaining, arresting and initiating the prosecution of people who have a lawful permit to carry a weapon. 

Rather, this is an affirmative decision to use their authority to teach a bunch of gun carriers who’s boss.  And so, the question posed to all those NRA types:  What is it again that makes you feel so close and loving with law and order, and want to be bestest friends with the cops?


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10 thoughts on “The Philadelphia Loophole

  1. Jdog

    I’m an NRA type, sorta; Gross and Olson were on the National Board, and while I don’t speak for them, they’ve been known to be very intolerant of uppity badged bozos. And that’s just a start.

    Hell, some of us even print t-shirts to give the bad ones a bad time . . . (link not supplied here) or take out a website.

    That said, if you’re talking about LaPierre and the like, I’m sorry to say you’re right; those folks seem to have never seen a badge that they don’t want to lick.

  2. Zach

    I live in the Pacific Northwest, and a substantial minority of the gun-rights folks here are as suspicious of the police as any ACLU member. Most of the rest at least understand where those folks are coming from. Even the people with the thickest foreheads are beginning to understand the connection between “the police” and “the government,” and many those that don’t trust the latter are opening their eyes about the former.

  3. Adrian

    Scott,

    Don’t lump all of us NRA types together. I’m the libertarian NRA type who is appalled at the continued bad behavior of police officers. Take for example the Anthony Graber case in MD, where a *plainclothes* officer stops a motorcyclist at gunpoint (!) for speeding and then charges him (well, the local States Attorney does) with illegally recording the encounter. As I am sure you are aware, there are many other such cases. Unfortunately, until police officers start paying for obvious violations of individuals rights our of their own pockets or are prosecuted and convicted for “testilying” I don’t think there is a sufficient impetus for change.

  4. SHG

    Gee, I wonder if anybody will admit that they believe in law and order and love the cops.  I can’t wait for the “not me, not me” comments.

  5. SHG

    Thanks for explaining the Graber case to me.  I almost forget about it despite the 2 or 3 thousand times it’s been discussed during its brief elapse.  And yes, I am aware that there are many such cases.  I’ve even written about a few of them.

    But none of this has anything to do with the issue. So you say you’re special?  Fair enough. What do you tell the non-libertarian guys at your cocktail parties who express their love and devotion to law enforcement?

  6. Shawn McManus

    To answer your question, Scott, I’ve yet to actually have a bad encounter or know anyone on a personal level who has.

    Then again, I’m a white male with a white collar job and one of the most boring people I know save the occasional lead foot. I don’t live in NYC or Philly or any of these other places.

    The only time I get to experience anything close to aggrevation from any .gov official is when waiting in line at the DMV. Everything else is just read second hand.

    On that note though, neither I, nor any other CHL/CCW/CCP holders I know feel any sort of comraderie with law enforcement. Most are annoyed that they even have to go through what largely seems to be grossly un-Constitutional to carry but will acknowledge that they understand the logic behind it.

    Adrian is reading my thoughts though. Whenever law enforcement erroneously charges a CHL holder, the officers involved and their supervisors should forfeit their pay commensurate to the time lost of the detained. (I might even be OK applying this to nearly everyone else too.)

    With regard to Healy’s statement, I can think of few statements as dishonorable as “do whatever you have to to make it home for dinner.”

    It’s time for Healyboy to find a new job.

  7. Zach

    I’d say at least a third of politically active gun owners in Oregon are not reflexively pro-police. As far as a hard number, who knows. They gladly share their feelings with those who are.

    Just saying that this isn’t Pennsylvania (or Massachusetts, or New York): out here, the sheriffs of even the most liberal counties gladly sign off on applications for machine gun licenses. I’ve met a campus security officer who told me that most in his department don’t see any problem with students carrying weapons on campus if otherwise legally qualified.

    But yes, you’re still mostly right.

  8. SHG

    You know what the funny part of never having had a bad experience with an LEO is?  The first time you do have that bad experience.  Everybody is fine until the first time.

  9. John

    QUOTE ““Officers’ safety comes first, and not infringing on people’s rights comes second,” Healy said.”

    No people rights come first, if the cops want a “safe” job they need to go back to barber school.

    Like I was told, you don’t like the job….QUIT!

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