Commonwealth v. Hicks, M., Aplt.

Our legislature made nonlicensure an element of the crime of carrying a concealed firearm pursuant to 18 Pa.C.S. § 6106. Commonwealth v. McNeil , 461 Pa. 709, 337 A.2d 840, 843 (1975). It did not make licensure an affirmative defense to that crime. It necessarily follows, then, that a police officer's knowledge an individual is carrying a concealed firearm in Pennsylvania, standing alone, does not establish reasonable suspicion justifying a Terry1 stop to investigate a possible violation of Section 6106. This is because mere knowledge of a concealed firearm does not give an officer reason to…