Philadelphia, PA — James W. Moody had committed no crime, had not been suspected of committing a crime, and had harmed no one when he was approached by a Philadelphia cop who demanded he show his ID.
Officer Cave, badge Number 4068, witnessed Moody legally practicing his 2nd Amendment right and decided that he needed to see his license to carry a firearm. Admitting that he had no reasonable articulable suspicion for the stop, the cop attempted to ‘trick’ Moody into identifying himself.
Moody cited Pennsylvania’s Uniform Firearms Act, Sec 6108. that explains the act of carrying firearms on public streets or public property in Philadelphia, noting that he was well within his rights to be walking down the street with a holstered pistol.
Officer Cave admitted that he had no legal basis for the detainment, yet he persisted under the color of the law. Officer Cave tries to justify the stop by claiming there were two murders in the area recently. However, that fact only helped Moody’s case as it gave him all the more reason to be protecting himself.
As the unlawful stop and detainment continued, two more cops show up, Then a fourth. Then a fifth, sixth, and seventh.
PA Crimes Code §6122, says an officer can demand that an individual produce their firearm license. However, it must be ‘lawful.’
General rule.–When carrying a firearm concealed on or about one’s person or in a vehicle, an individual licensed to carry a firearm shall, upon lawful demand of a law enforcement officer, produce the license for inspection.
This officer’s demand was not lawful.
Philadelphia Police department directive 5.27 happens to be in direct violation of the constitution, state, and city laws by claiming police have the right to detain anyone for the mere act of open carrying. However, the officers in this video were clearly clueless of their own operating procedure and never cited that directive.
As the stop progressed, the clearly uninformed police officers all attempted to crack Moody, but they were unsuccessful. After they were unable to get him to voluntarily submit to their unlawful whim, the officers then handcuffed Moody, took his firearm, and forcefully checked his ID.
According to Moody, the officers stole his firearm and tried to get his license to carry revoked.
Some people will undoubtedly claim that because Moody was carrying a go pro camera while open carrying, that he was attempting to bait the officers. Whether or not that is true is irrelevant as the officer had the choice to either uphold his oath to the constitution, or violate it — and, unfortunately, he chose the latter.