Carrying Concealed Firearm No Longer Reasonable Suspicion in PA

The Pennsylvania Supreme Court has decided that possession of a concealed firearm in public does not give police reasonable suspicion to stop and frisk the person. This ruling overrules a superior court decision from 1991, and has broad implications for concealed carry license holders and anyone who has been stopped by police based upon having a firearm.

In Commonwealth v. Robinson, the Superior Court held “possession of a concealed firearm by an individual in public is sufficient to create a reasonable suspicion,” that the person may be dangerous, so the officer may stop and question the person to ascertain whether they have a license. The Supreme Court now holds, in Commonwealth v. Hicks, detaining someone only based upon possession of a concealed firearm in public is unconstitutional under Terry v. Ohio.

On June 28, 2014, at 2:30 a.m., a camera operator performing live surveillance of a gas station Allentown told police someone in the store possessed a firearm. Police responded to the gas station and found Michael Hicks in possession of a firearm. However, Hicks had a valid license to carry a concealed firearm. Police stopped Hicks’ car before he could exit the parking lot and detected an odor of alcohol. Officers searched Hicks’ person and found a small bag of marijuana. Hicks was charged with driving under the influence (DUI) and possession of marijuana. The trial court denied Hicks’ motion to suppress, relying on the Robinson case.

Under Terry v. Ohio, officers may “stop and frisk” a person they have reasonable suspicion to believe is engaged in criminal activity. Additionally, the person may only be stopped long enough to confirm or deny the suspicion of criminal activity. The Pennsylvania Supreme Court ultimately held the Robinson rule contravened the purpose of Terry.

The court held, “We find no justification for the notion that a police officer may infer criminal activity merely from an individual’s possession of a concealed firearm in public. As set forth, above, it is not a criminal offense for a license holder, such as Hicks, to carry a concealed firearm in public.” Additionally, the court said, unless the officer has prior knowledge that an individual is not permitted to carry a firearm, simply carrying a firearm may be a legal activity and cannot be presumed otherwise. While some people are barred from carrying firearms, officers have no way to know if the person they see in possession of a firearm is barred from carrying it without knowing more facts. The mere presence of a firearm, by itself, is not indicative of a crime.

Practically, the court’s holding means if you were stopped solely based on carrying a concealed firearm, you should contact us today. Your case may be dismissed as evidence obtained through this procedure is now an unconstitutional stop and likely cannot be used against you in court. This case will generate significant discussion – please leave us a comment with your thoughts below.