Philadelphia police above the law?

By Ed Randazzo

After a shocking altercation between Philadelphia police and 25-year-old Mark Florino, local authorities are warning gun owners that they will be inconvenienced” if they carry unconcealed handguns in the city.

Lt. Raymond Evers, a spokesman for the city police, told FoxNews.com that gun owners who open carry, which is legal in the city, may be asked to lay on the ground until officers feel safe while they check permits.

The warning came after Fiorino, a suburban Philadelphia IT worker, posted an audiotape to YouTube of his tense encounter with police in February over his exposed handgun.

After Fiorino released the audiotape, he was charged with disorderly conduct and reckless endangerment. He now faces up to two years in prison.

“The police department and assistant district attorney are coming after me, in my opinion, to make an example of me because I stood up to them and exposed them for their lack of knowledge,”

Fiorino said he did nothing reckless, nor did he endanger anyone’s life. “I had a gun pointed at my chest,” he said.

Only seven states ban the practice of openly carrying guns, and Pennsylvania isn’t one of them, according to OpenCarry.org, which advocates gun rights. In Philadelphia, a permit is required to carry handguns openly. But on Feb. 13 a police sergeant who was unaware of the law — which dates back to at least 1996 when the state Supreme Court referenced it in an unrelated ruling — stopped Fiorino, who was walking to an auto parts shop in Northeast Philadelphia with a gun on his hip.

Sgt. Michael Dougherty can be heard yelling out to Fiorino as “Junior,” and asking him to show his hands as Fiorino protests having a gun pointed at his chest, prompting Dougherty to call for backup.

Dougherty grows increasingly agitated as Fiorino offers to show his permit
when he is ordered to get on his knees, causing Dougherty to threaten to shoot
if he makes a move. Dougherty then unleashed a string of profanities as the two
argued over the legality of open carry.

“Do you know you can’t openly carry here in Philadelphia?” Dougherty yells.

“Yes, you can, if you have a license to carry firearms,” Fiorino responds.”It’s Directive 137. It’s your own internal directive.”

When several other officers arrive, Fiorino is forced to the ground as he tries to explain that he’s not breaking the law.

“Shut the f—- up!” Dougherty yells.

Officers eventually released him after speaking to the department’s lawyer and being told that he was within his legal rights.

Fiorino’s attorney, Joseph Valvo, said the case is larger than Fiorino. “It’s my position that this entire prosecution is an effort by Philadelphia authorities to send a message to legitimate gun owners that open carry as a practice is not welcome in Philadelphia despite the fact that it’s constitutionally protected behavior and that’s offensive to me as a citizen and as a lawyer,” Valvo said.

John Pierce, a co-founder of OpenCarry.org said, Philadelphia police have sent a clear message to gun owners that will chill their rights to openly carry. “Even if it’s legal, we can punish you financially and by disruptions in your life,” he said.

That puts the Philadelphia Police above the law.

Where is the outrage from the American Civil Liberties Union?