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Old April 1st, 2008
s.vermeire s.vermeire is offline
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Default Re: Possible UFA violation in Lycoming County

The first couple posts are about what I figured I'd get, and I thank you. Now we are getting into the meat of this issue a little bit more. Some follow-up questions I was going to ask were along the lines of the reference to criminal trespassing.

Say I carry, which I will, and a cop patrols and happens to see it. (Not likely as I will probably be pocket carrying my 2" 357.) What recourse does he have to enforce the rule? Does he just tell me that I cannot have it and must put it in my vehicle? Or is this rule enforceable with a citation or summons of some sort. I'm not sure how a municipality of this size enforces their laws (rules). If he does tell me I can't have it and I do nothing then what? Do I get hauled off for 'disobeying a (un)lawful order'?

I know the rule will not stand under scrutiny of a court, but would rather not have to take things that route if I can avoid it; certainly not with me as a defendant. I wouldn't mind initiating some sort of case against the borough if they do not change their rules upon gaining the knowledge that they are breaking the law.

In a way I see this as a possible opportunity to set some precedent concerning the happenings in Philadelphia this past week. I realize that someone has to challenge the new legislation in the city, but it might be nice to have a stepping stone like this to start off with.

To the comment about 'ignoring it': I assume that you mean carry anyways. Or are you saying I shouldn't bother with writing my letter of concern to the borough council either? (I don't think that is what you wanted to say but it segues into my next rant.)

I'll address the answer even before I get it; take it for what it's worth. If we continue to ignore these sorts of rules we make it that much easier for our preemption to be dismantled. If it would ever come up in the legislature to modify the UFA in this manner it could be stated that X-hundred municipalities have regulations on firearms and they have not been repealed so it must make sense for the state to allow municipalities to have such laws. So I encourage all of you to check your local area for similar violations and make them known to the governing body. I didn't start this thread with the intention of sparking a grass-roots movement, but maybe this is a good outcome. Let us know what you find here.

Oh, and be sure to chime in on my original or follow-up questions as well. Thanks.
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I think the founding fathers meant exactly what they wrote: the government should not make any laws restricting the RIGHT of the people to 'hold or retain in one's possession' and 'hold or carry' guns and other weapons that would allow them to keep their government in line.

Last edited by s.vermeire; April 1st, 2008 at 11:27 PM. Reason: Added link
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