IF YOU HAVE A BEER AND ARE CARRYING...

[sjl127]

... and if something should happen and you need to defend yourself or someone from your family, and the police have in their report that you had alcohol in you, NO MATTER HOW MUCH...

You're toast.

A jury would hang you based on that because they'll argue that you "could not think clearly or rationally" no matter how rational your decision is.

We have to assume the worst case scenario - a rogue prosecutor.

[MarcS]

Originally Posted by sjl127

... and if something should happen and you need to defend yourself or someone from your family, and the police have in their report that you had alcohol in you, NO MATTER HOW MUCH...

You're toast.

A jury would hang you based on that because they'll argue that you "could not think clearly or rationally" no matter how rational your decision is.

We have to assume the worst case scenario - a rogue prosecutor.

...and if something should happen and you need to defend yourself or someone from your family, and you decided not to carry because you were planning on having a glass of wine with dinner, you won't give a fuck what the police report says because you and/or your loved ones will be a bunch of very sober and responsible corpses.

Secondly, your legal analysis does not mesh with reality. If your actions were clear and articulatable, the fact that you had a beer or two is of no relevence in the criminal proceedings. If a reasonable person would have used deadly force in the same scenario, you have a good affirmative defense.

[cznut]

the law states that you CANNOT carry when drinking alcohol or carry into ANY facility that sells alcohol. Got it from the Sheriffs department today, on paper and am looking at it while I type.

[Pa. Patriot]

Originally Posted by cznut

the law states that you CANNOT carry when drinking alcohol or carry into ANY facility that sells alcohol. Got it from the Sheriffs department today, on paper and am looking at it while I type.

Not correct.
Nowhere in the law is carrying in an establishment that sells alcohol prohibited.
The piece of paper your sheriff gave you is not law.
Do a little searching and you'll find most sheriff's don't know the UFA from their arse.
Additionally, telling you you can not carry in an alcohol serving establishment, under the authority of being the sheriff's office and claiming it is the law is probably grounds for "official oppression" under title 18, § 5301.

Moral of the story is that the sheriff is not the authority on the crime codes and one would be foolish for taking legal advice from him.

[MarcS]

Originally Posted by cznut

the law states that you CANNOT carry when drinking alcohol or carry into ANY facility that sells alcohol. Got it from the Sheriffs department today, on paper and am looking at it while I type.

The sheriff lied to you. That's not unheared of. When i recently brought my friend in to get his permit the sheriff told him a handful of places he couldn't carry. About 20% of them had any basis in law.

[sjl127]

It's perfectly legal. I know that.

I merely interjected my personal opinions about it.

I don't want to see a law enacted making it illegal - I'm a huge proponent of personal responsibility.

For me, the decision is simple - when I carry out of my house, I don't drink. Period. That's a decision that I, personally for me, feel it is the right thing to do.

There's a lot of factors that go into a gun fight, all of which happen within only a few seconds. I always take the innocent bystanders into consideration - I want to be my best to avoid involving them at all.

Don't hang me for that...

[Skuggi]

You know what, I'm getting so fucking sick and god damn tired of sheriffs making their own god damn laws, why is the AG not prosecuting these ass tards... They just get away with making up their own shit, like they're king or something WTF.

I'm wondering if there is anyway that we can form a case against these SOB's.

[XD45]

Originally Posted by cznut

the law states that you CANNOT carry when drinking alcohol or carry into ANY facility that sells alcohol. Got it from the Sheriffs department today, on paper and am looking at it while I type.

Do you have access to a scanner? I'd like to see this paper, and see what it states, how it states it, and who is the one putting it on paper.

I would assume if you have a paper given to you at the sheriffs dept., signed by the sheriffs dept that would be quite illegal on their part since they are just making up laws pretty much. i wouldn't put it passed them to TELL people something like that, but if they where dumb enough to put it on paper with their name on it i'd like to get a few original copies put in safe keeping. Maybe we could go as far as asking someone at the sheriff dept. to sign it to prove thats where the paper was from(like they would)?!

[Pa. Patriot]

Yup, we need the paper.
Should be able to sue as"official oppression" under title 18, § 5301.

I'm already lining up legal action against Luzerne Co. in the event that my correspondence with them to fix their LTCF form does not work and they do not issue my wifes permit the way they are [/i] required by law[/i] to do. Namely without signatures
(see: http://www.pafoa.org/forum/concealed...plication.html)


As for the Adams Co sheriff and his illegal paper, that idiot has NO business being a sheriff.

[XD45]

anyone in or around adams county thats close to the courthouse that could possibly pick up more? that way theres more than one person able to say they picked up the paper.