(Open Carry Wannabe) Gun scare at Tamaqua grocery store

[jpak]

http://republicanherald.com/news/gun-scare-at-tamaqua-grocery-store-1.1133423

A man armed with what turned out to be a BB gun caused an alarm inside a borough grocery store after police officers followed him inside the business and held him at gunpoint.

Gino A. Cicioni, 44, of 85 Cumberland Ave., Tamaqua, surrendered to officers shortly after the incident occurred about 9:40 a.m. and is charged with possessing instruments of crime, terroristic threats, resisting arrest, simple assault, recklessly endangering another person and disorderly conduct.


<snip>

According to an affidavit of probable cause filed by Tamaqua Patrolman Peter R. Wysochansky Jr., officers were dispatched to Boyer's Food Market for a report of an armed man inside the store. Police encountered the suspect, later identified as Cicioni, in the store parking lot. He was wearing a black holster on his right hip with a weapon holstered and was tapping it while he walked, police said.

As officers approached Cicioni, police said he put his hand on the weapon and ran toward the store. When police Chief David Mattson exited his cruiser and confronted him at gunpoint, ordering him to stop and get on the ground, police said Cicioni turned toward Mattson and began to remove the gun from its holster. Mattson again ordered Cicioni to drop the weapon and get on the ground, but police said he ignored the command and re-entered the store as he removed the weapon from his holster and held it in the air.

<more>

[msongs]

1. carrying gun is intent to use - nt

[oneshooter]

3. BB guns are not considered firearms by most states. n/t

[rrneck]

7. A new high in low for you. nt

[ManiacJoe]

12. Feel free to explain that leap of "logic".

[oneshooter]

2. un- rec What state? Need to know to look up the laws. n/t

[zbird]

6. Tamaqua is in PA. PA is an open carry state. But...

The store is private property and as such ...

"9.Do businesses allow open carry in their establishments?
Yes, most businesses allow carry. Some do not. Some allow concealed but not open. Some allow only police to carry. Etc.

Businesses are private property and they have the right to allow or disallow any behavior they please. Unfortunately most businesses do not post these rules, particularly their policy on allowing or prohibiting firearms. In PA, signs carry no legal weight in regards to private property rules. This may be part of the reason why few businesses post signs clarifying their policy on carrying of firearms. If a business has a policy against carrying firearms in their establishment they have to ask you to leave, at which time you are obliged to do so. Failure to do so can result in trespass charges being filed.

For businesses that do post signs stating their policy against carrying firearms it is best to heed such signage if you are openly carrying. No sense in going onto a property whose intentions are known only to be told the same by someone once inside. Honor their wishes by simply shopping elsewhere."

http://paopencarry.org/open-carry-questions-answers (Gun rights website)

[YllwFvr]

8. well the "carrier" handled it quite poorly

I would be very interested to see more information, it sounds like the initial police response was also quite poor, but more information would be required. Im pretty familiar with firearm law in Pa. Studying it, and case law, is something of a hobby. I am not a lawyer however, I do not play one on TV, and I did not stay at a Holiday Inn Express last night.

We really try to have dispatch confirm some extra information for police to help when they roll on scene. Things that are good to ask the caller are, is it holstered? What is the man doing? Is he threatening anyone? Courts have ruled that mere possession of a gun is not an indicator of crime and doesnt justify use of force or a investigatory detention unless other factors exist, I believe that is Commonwealth Vs Hawkins. Again, not a lawyer, just my opinion. I will keep an eye out for more on this story. Im confused as to the simple assault, terroristic threats. The disorderly may very well stick. Hopefully they charged him with the misdemeanor version rather than the summary.

[Webster Green]

4. Well, he's very lucky to be in jail.

His actions earned him being shot by police. The cops showed remarkable restraint.

[Hangingon]

5. Hey don't worry about due process.

I am SURE our society would be better if we simply had summary executions. How about shoot on sight for double parking in front of the coffee shop.

[Webster Green]

9. Perhaps I read the story wrong.

I thought it said he pulled the gun out and headed towards the store.

[ManiacJoe]

13. You read it correctly.

(Whether is was written correctly is a different question.) The way the report is written, the cops showed an amazing amount of restraint.

[Logical]

10. I agree. Credit to the police. n-t

[S_B_Jackson]

11. Sounds like an attempted suicide by cop. n/t

[ManiacJoe]

14. That thought crossed my mind, too.

[David West]

15. I know a lot of open carriers.

And none of us would ever handle a situation like that. Walking around playing with your gun? Going for it and running from the police? Drawing it in front of cops? Unreced for comparing everyday law abiding citizens to a guy seemingly trying to get himself shot.

[Hoopla Phil]

16. I see you've been here a few months. . .but welcome to DU any way! n/t