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  #11 (permalink)  
Old February 29th, 2008
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Default Re: I learned new law today regarding Firearms Carry....

Hopefully one of the member lawyers can take a look at this. ...if it stands to have some legality to it I'll add it to the my sticky thread for off-limits places.
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  #12 (permalink)  
Old February 29th, 2008
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Default Re: I learned new law today regarding Firearms Carry....

Are these codes for the running of the establishment and not necessarily the people who are incidental? (eg. Parents, grandparents who are picking up children)
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Old February 29th, 2008
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Default Re: I learned new law today regarding Firearms Carry....

Quote:
Originally Posted by knight0334 View Post
Hopefully one of the member lawyers can take a look at this. ...if it stands to have some legality to it I'll add it to the my sticky thread for off-limits places.
Stand legality? It's a Regulation, not a Law.
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Old February 29th, 2008
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Default Re: I learned new law today regarding Firearms Carry....

I'm curious as to whether this becomes an off-limits place as well, considering I have 2 sons I take to daycare regularly and am typically CC when I go in to drop them off/pick them up.

I'm hoping maybe Rule10b can shed some light on this for us.

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Old February 29th, 2008
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Default Re: I learned new law today regarding Firearms Carry....

This is kinda along the same lines...
The church I attend has a private christian school attached. In other words, it's all on the same property. Yes, it is K-12. Can I carry in during church even though there is "technically" a school attached? Since this school is a "ministry" of our local church, it it still illegal to carry there during school hours? Is it up to the school board and/or pastor?
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Old February 29th, 2008
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Default Re: I learned new law today regarding Firearms Carry....

These appear to be regulations as to being an approved day care center. I.E. you must comply with these rules in order to be licensed by the state as an official day care center.

This rule wouldn't apply to someone who is CCing and picking up their child. Like was said before, there is no penalty stated. I assume that if an inspection of the property was made by the state and they found firearms on the premisis they'd revoke the facility's license...
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Old March 1st, 2008
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Default Re: I learned new law today regarding Firearms Carry....

There are a few places in Pa that carry similar rules, group homes, MR day programs, and casinos. These rules are usually written by the agency that oversee these entities The rules relate more to the day to day running of the institution and specifically to employees. I work in the MR field, we have similar rules promulgated by the PA Dept of Welfare. While a gun on the premises might cause the facility to loose it's state issued license to operate,it carries no weight of law on the individual carrying. It is grounds for termination in our agency's Policies and Procedures manual, but not illegal.

This very similar to the thread about carrying at Mohegan Sun casino, the signs carry no weight of law for other than employees.

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Old March 1st, 2008
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Default Re: I learned new law today regarding Firearms Carry....

Quote:
Originally Posted by DeltaII5 View Post
Stand legality? It's a Regulation, not a Law.
So are casino, dept of state buildings, and state parks - but theres fair reason to keep such places in mind as "off-limits" (keep it concealed) to avoid issues.
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Old March 1st, 2008
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Default Re: I learned new law today regarding Firearms Carry....

Quote:
Originally Posted by knight0334 View Post
So are casino, dept of state buildings, and state parks - but theres fair reason to keep such places in mind as "off-limits" (keep it concealed) to avoid issues.
Your "where you can and can't carry thread" is misleading though.

You write:
Quote:
If your situation is not one of the above, then you are LEGAL.
Which is not true.

Your lumping a casino with a courthouse. One is illegal and you will be prosecuted without a "hey this is private property" warning. Whereas one is a regulation, just like many company's have regulations regarding firearms.

Without explaining the different between a regulation and law you may lead people who don't know any better to believe that it is illegal to carry in a casino, when it is not.

Your putting every state regulation up onto the list (without explaining what a regulation is), when what you should be doing is to lump that in the "private property" part. Or explain the difference at least.

/rant off
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Old March 1st, 2008
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Default Re: I learned new law today regarding Firearms Carry....

State regulations also prohibit the possession of firearms and ammunition in: 1) child day care centers (55 Pa. Code § 3270.79); 2) group child day care homes located in buildings that are not residences (55 Pa. Code § 3280.79(a)); 3) child residential and day treatment facilities (55 Pa. Code § 3800.101); and 4) community homes for individuals with mental retardation (55 Pa. Code § 6400.86). Firearms are also generally prohibited in facilities licensed by the Gaming Control Board. 58 Pa. Code § 465.14.
Concealed weapons permit holders may be subject to additional location limits. Please see the Location Limits subsection below for further information.
Transportation of Firearms
Pennsylvania law provides that "any person who carries a firearm in any vehicle…without a valid and lawfully issued license…commits a felony." 18 Pa. Cons. Stat. Ann. § 6106(a).
Section 6106(a) does not apply to:
  • Law enforcement officers;
  • Members of the military;
  • Those traveling to or from target shooting, if the firearm is unloaded with the cartridges or shells carried in a separate container;
  • Officers or employees of the United States duly authorized to carry a concealed firearm;
  • Agents, messengers, or employees of banks or businesses whose duties require them to protect money or other valuable property in the discharge of their duties;
  • Any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent of such person, having in his or her possession, using, or carrying a firearm in the usual course of business;
  • Any person carrying an unloaded firearm in a secure wrapper between certain places, including the place of purchase or repair to his or her home or place of business, or when moving from one home or business to another;
  • Any person licensed to hunt or fish, if he or she is actually hunting or fishing;
  • A person training dogs;
  • Any person carrying a firearm in a vehicle who possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the U.S. or any other state;
  • A person who has a license to possess a firearm and the license expired within six months before his or her date of arrest, and the person is otherwise eligible for renewal of the license; and
  • Any person who is otherwise eligible to possess a firearm and who is operating a vehicle which is registered in the person's name or the name of a spouse or parent and which contains a firearm for which a license has been issued to the spouse or parent owning the firearm.
http://www.lcav.org/states/pennsylvania.asp

Pennsylvania prohibits the possession of firearms in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school. 18 Pa. Cons. Stat. Ann. § 912. However, it is a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or "is possessed for other lawful purpose." Section 912(c).
Location Limits</SPAN>
Concealed weapons permit/license holders may be subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms subsections above for further information.
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