Magesterial Courts - Part II

[Statkowski]

In Part I (http://www.pafoa.org/forum/pennsylva...al-courts.html, I wrote to the local magistrate and inquired about storage facilities for firearms as required by 18 Pa.C.S. §913e. The magistrate judge wrote back stating that a) firearms were indeed prohibited in the court facility, b) he had never, in thirteen years, run across an occasion to store such items, and c) although required, it was not his responsibility to provide such storage facilities. Yes, the honorable judge did get a thank you letter for his response.

Upon looking closer at the law, it appeared that the county commissioners were responsible for providing such storage facilities, so I wrote to my county commissioner, the Honorable Roddy Ruddick (BG, USA(Ret)), Indiana County:

Dear Commissioner Ruddock,

Upon entering the Indiana County Court House, one is greeted by sheriff’s deputies and a security checkpoint. Should an individual be one of the 560,000 Pennsylvanians licensed to lawfully carry a concealed firearm, it is at this point where they must surrender their personal protection devices for safekeeping while conducting business inside the building.

Warning signs are posted at the entrance to the building, the deputies manning the checkpoint are friendly, and facilities are provided for storage of firearms and other dangerous items (e.g., a pocket knife with a two-inch blade hanging from a key ring). To the deputies, this is just business as usual.

All of the preceding is in compliance with Section 913 of the Commonwealth’s Crimes Code (Title 18, Pennsylvania Consolidated Statutes), specifically:

• Subsection “(a)” prohibits the carrying of firearms or other dangerous weapons into a court facility.
• Subsection “(c)” lists exceptions to subsection (a).
• Subsection “(d)” requires that notice of §913(a) be prominently posted at the entrance of such a court facility.
• Subsection “(e)” requires that lockers or similar facilities be made available for the temporary checking of firearms.

Of particular interest is subsection (e) which reads as follows:

“(e) Facilities for checking firearms or other dangerous weapons.--Each county shall make available at or within the building containing the court facility by July 1, 2002, lockers or similar facilities at no charge or cost for the temporary checking of firearms by persons carrying firearms under section 6106(b) or 6109 or for the checking of other dangerous weapons that are not otherwise prohibited by law. Any individual checking a firearm, dangerous weapon or an item deemed to be a dangerous weapon at a court facility must be issued a receipt. Notice of the location of the facility shall be posted as required under subsection (d).”

Please note the opening phrase, “Each county shall make available…” Although required for a court facility, the court itself does not have to provide the storage space – the county does.

Recent correspondence with Judge Thachik in Clymer yielded that §913(a) did indeed apply to his magisterial court, yet §913(e) did not. Why? Because the responsibility of providing lockers or similar facilities falls on the county commissioners, not Judge Thachik.

Although it is highly unlikely that any person entering a magistrate’s facility would be lawfully carrying a personal protection device such as a firearm (and Judge Thachik has never in thirteen years had such an instance), state law nonetheless directs that all such courts have lockers or similar facilities available not later than July 1, 2002. That deadline has passed, and no such storage facilities appear to be available at magisterial courts. On the surface, Indiana County appears to be flouting the will of the General Assembly. This may indeed, however, be an oversight on the part of the County Commissioners.

Nothing complicated is required to meet the law’s requirements. No deputy sheriffs are required to be on hand – metal storage lockers (shoe box size) with keys maintained by the court’s front office would appear to suffice.

Your thoughts and comments on rectifying this situation by the County would be appreciated.

Respectfully yours,

Henry J. Statkowski

It took almost three weeks, but Commissioner Ruddick did respond, as follows:

Dear Mr. Statkowski:

This letter is in response to your correspondence of April 5, 2007 which was sent to my attention concerning the checking of firearms or other dangerous weapons at a court facility.

I have been in consult with Mr. Mike Kuhar, Indiana County Court Administrator, regarding the concerns which you had raised in your correspondence. I also had opportunity to speak to Judge Thachik on this very same matter.

Please be advised that each of our Magisterial District Judges understands the requirements for such storage facilities and are empowered to do what is necessary to meet the requirements of the law. Mr. Mike Kuhar has indicated to me that each Magisterial District Judge will be attending a quarterly meeting in July with the Court and this particular matter will be discussed.

Mr. Kuhar has been extremely responsive to the needs of our Magisterial Offices and has taken the necessary steps to assure that each of the facilities are supported as needed. Should it be necessary that additional financial support is needed to comply with the requirements with the law, Indiana County will certainly provide such assistance.

I trust that this letter will be helpful in addressing to the status of your concerns.

Sincerely,

INDIANA COUNTY BOARD OF COMMISSIONERS
Rodney D. Ruddock, Chairman

So, although the problem hasn't been totally solved immediately, two items have been resolved:

• Magistrate Judge Thachik will personally take responsibility for any such firearms brought to his building for storage.
• The county commissioners for Indiana County are now aware that a problem may exist and they will resolve the issue.

Will this have to be done in each of the other 66 counties within the Commonwealth? On a county-by-county basis? Perhaps. For counties other than Indiana, all it takes is one concerned soul to see if a problem exists, and then take appropriate steps. I believe I've done my part, the rest, gentlemen (and gentle ladies), is up to you.

[Statkowski]

Follow-up. Mission accomplished, sort of. From the Indiana County District Court Administrator:

I have recently forwarded a letter to all Magisterial District Judges relative to our concerns of storage of firearms at Magisterial District Judge Offices. If the Magisterial District Judge feels that they have inadequate storage facilities then they are to place in the budget, which is pending at the present time, money to purchase secure lockers or other means of storing weapons.

Thank you for your interest in this matter.

Michael J. Kuhar
District Court Administrator

c: Commissioner Rodney Ruddock

So, how goes it in other counties? That's up to you people out there.

[D-FENS]

Wow dude! That's awesome. Sorry I missed this thread before.

Good for you, man. Thanks for taking the time to write some terrific letters.

+1x4

[ithinkimamedic]

Mad Props! I commend your willingness to stick with this and follow it through and correct the issue! Thank you for helping set a presadance for the rest of us on this topic.

Cheers,
Josh

[Statkowski]

Okay you people out there, copy my letter to my County Commissioner, change his/her name and the county name, and send those letters out to your county commissioners.

All we have to do is nibble away, bit by bit, for our rights, and remind the county commissioners that there are over 560,000 Pennsylvanians licensed to carry firearms concealed (that's a lot of votes!).