Mark Fiorino Update, Philadelphia Open Carry Case

Mark Fiorino filed a federal civil rights lawsuit today against the Philadelphia Police Department, with the help of his lawyer and the PA ACLU. I thought it would be best to update your viewers and let them know the latest, so the PPD doesn’t get off the hook!

I wrote the update over on my blog:

About a year ago today, Mark Fiorino was stopped and threatened by several Philadelphia police officers for openly carrying his firearms, as we mentioned in an earlier blog post.  Fortunately for him, he recorded the entire incident on his voice recorder, which was then put on youtube by our fellow blogger, Timothy Havener.  The youtube video with the most content can be seen here, with parts two and three here and here (the first video contains most of what you’d be interested in hearing).

Back in April of 2011, assuming the docket sheet has the correct date, Mark was charged with disorderly conduct and reckless endangerment by the Philadelphia Police Department and the case proceeded to trial for preliminary arraignment.

In October of 2011, Mark was found not guilty on both accounts.

Today, 2/14/12, Mark filed a federal civil rights lawsuit with the help of his lawyer and the ACLU of Pennsylvania.

The complaint can be viewed here and the press release can be viewed here.

Read more about Mark Fiorino by clicking the links below:

Mark Fiorino Nearly Shot By Philly PD for Open Carrying

Mark Fiorino Update


-Andrew, blogger at Liberty Thinkers

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    1. good for this guy getting it on tape. There are still plenty of cops who don’t understand open carry laws, and haven’t been trained or even told how to deal with people open carrying.

    2. Bad for this guy….There are still plenty of cops who don’t understand open carry laws, and haven’t been trained or even told how to deal with people open carrying. Simply follow directions, don’t argue. The majority of esculation in the use of force is people not following directions. This is involving guns….so the use of force could go south real fast… is running the chance of getting shot worth debating while cops come screaming to the scene????

  • Deri Bular

    @PSOSGT Depends how much you balance your life and well being versus making a point. Can’t imagine too many married parents would, but that’s why its the less invested students that start so many major political shifts.

  • J_man86

    Since when does the ACLU actually protect gun rights?


    You analysis is correct, but the fatal flaw in the equation are the cops here. If they understood the law, were trained sufficiently and displayed a modicum of common sense they would need to; “come screaming to the scene”…

    This guy broke no laws, the cops failed here.

  • J_man86

    This case is about more than just guns and gun rights.

    its about an unlawful stop, unreasonable search, excessive force and malicious prosecution.

    The cops used a lawfully carried gun as a pretext to violate this mans rights.

  • certain

    WhenTenn – I’ll go one step further – So PSO, what your advocating, is that I give up my constitutional rights and “be careful” about what I’m doing, so I don’t get shot by some cop who doesn’t know the laws he is “enforcing”, and isn’t even properly trained by the same people who gave him a firearm and basically unlimited personal discretion in when to use it?

    I mean – “Don’t do stuff you’re legally entitled to do, because a cop that doesn’t know the law might get excited and (illegally) kill you.”


  • Deri Bular

    Interesting point on the fear of death, it reminds me of “The Story of Your Enslavement” on youtube.


    Certain. My point here is let the cops do what they want and then sue them for violating your rights, verses argue, exculate the situation while attempting to debate with cops who are pointing guns with you and later have your family sue the city for the wrongful death of you.

    If you can legally carry a gun, that will be figured out within minutes. The more you argue, debate, “resist” or not comply with what the cop believes is a lawful order, the greater the risk of someone squeezing off a round. and if there is more than 1 cop, there will most likely be more than 1 round.

    Question: Is it worth your life to educate 1 street cop over gun rights?

    I’ve had the cops pull a gun out on me. Was in the next county over and apparenlty someone saw the handle of my pistol underneath my shirt while shopping in the mall with my then 3 year old. 3 cops just about ambushed me. Didn’t see them comming. I followed thier orders, layed down, got cuffed, told them I was a cop and where my badge/id was. 20 seconds later. the cuffs were off and we were bullshitting about stuff.

  • Anthony

    Keywords here… “… told them I was a cop and where my badge/id was.”

    Had you not been a cop, the situation would have been much different, I’m sure.

  • Jim

    Hey PSOSGT, how come ‘ignorance of the law is no excuse’ only applies to us, and not you and your fellow bluebellies? Your attitudes suck.

  • So PSOSGT,

    Your position is to continue to let cops break the law and violate the rights of law abiding people?

    Instead of fixing the problem, getting rid of the cops who are too stupid to do the job right. You want to punish the taxpayers by not fixing the problem and just letting those unlawfully stopped/arrested sue?

    Its the taxpayers who will suffer here, not the cops. Cops are rarely if ever held accountable in civil court. Civil awards always come form the city itself… AKA the taxpayers.

    Your misguided and slightly arrogant statement;

    “If you can legally carry a gun, that will be figured out within minutes. The more you argue, debate, “resist” or not comply with what the cop believes is a lawful order, the greater the risk of someone squeezing off a round.”

    Shows your true colors here.

    If fine for the cops to violate the law and your rights. Its fine for them to display incompetence beyond belief. Its fine for there to exist a double standard.

    And its best the citizen simply accept it, not question it, comply, not resist while his/her rights are violated… lest they be shot.

    Sad, truly sad…

  • The_Lakewood_4_are_burning_in_Hell

    So PSOSGT advocates the “oopsie” theory of policing.

    – I am doing something legal
    – Cop doesn’t know his job / is too fucking stupid to do the job
    – Cop violates my constitutional rights
    – I decide to inform the cop of his status as a fucking moron
    – Cop escalates the situation, employs cop levels of violence
    – Oopsie. My bad. Here is you / you widow’s settlement check

    Is it any wonder it makes some of our hearts glad when a cop expires in a pool of his own black and foul blood.

  • Jet

    Since when is arguing ‘escalating’ in the first place? This is what comes of the apparent police philosophy of ‘Compliance at all costs’. If police can’t be civil in the course of deciding if a peaceful action like merely carrying a gun is legal or a crime, then something is wrong with their training.

  • paschn
  • Jet Said: “Since when is arguing ‘escalating’ in the first place?”

    Well, when arguing with a cop, in their eyes its escalation. Because cops truly believe they know everything about everything. And how dare you question a badge carrying state actor?

    See they graduated from the police academy therefore they are experts on everything.

    Your average concealed weapons permit holder knows more about their states gun laws than most attorneys do, let alone any ill trained cop.

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  • Carl W. Goss

    Mark Fiorino, a man with a small penis, and an absurdly large attitude. Christ, these open-carry nutbags! Fiorino is so stupid, he’s likely to get himself killed one of these days.