READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania

[gnbrotz]

I won't pick at detention facilities/correctional institutions, but is it your assertion that a LTCF holder carrying a concealed firearm in a mental hospital constitutes "unlawfully introducing" it? If it is, I disagree based on the definition contained in (b)(1).

I do not think that mental hospitals should be listed as off-limits.

[knight0334]

Originally Posted by gnbrotz

I won't pick at detention facilities/correctional institutions, but is it your assertion that a LTCF holder carrying a concealed firearm in a mental hospital constitutes "unlawfully introducing" it? If it is, I disagree based on the definition contained in (b)(1).

I do not think that mental hospitals should be listed as off-limits.

That (b)(1) might be the same as "other lawful purposes" clause in the school law. The word "introduces" might be the hinging point, but mental hospitals is clearly listed with equality to detention and correctional places with its wording.

I cant recall of any jail or prison that I visited that allowed firearms on the grounds. Every vehicles visiting SCI Greene is subject to search, even our telephone employees and contractors had to pull every tool, have it inventoried, and the sharp/pointy things were held by guards until you had to leave. Visiting a friend in Clearfield Co jail required wanding and a pat down back in 2000-2001.

One can take that as they may, my money would be on even "lawful" carrying as prohibited. I'd hate for someone to get popped for it, then come back here and sue because they took our(my) word as gospel and legal advice - failing to list all places. Case law provides that site owners are responsible for the content they provide - Craigslist.com found that out a couple years ago.

[gnbrotz]

Then perhaps wording should be used similar to how the school issue is addressed. If we can't say clearly either way, then it should be noted as such, rather than "erring on the side of caution."

[knight0334]

Originally Posted by gnbrotz

Then perhaps wording should be uses similar to how the school issue is addressed. If we can't say clearly either way, then it should be noted as such, rather than "erring on the side of caution."

Wording noting it as cautionary would satisfy staff?

[gnbrotz]

Originally Posted by knight0334

Wording noting it as cautionary would satisfy staff?

I can't speak for dan. My comments are made as an individual, not as a representative of the organization.

[knight0334]

Originally Posted by gnbrotz

I can't speak for dan. My comments are made as an individual, not as a representative of the organization.

By posting it we cant go wrong, it would list a place where someone would have to disarm. We dont say where people can carry, but rather where they cant carry. People cant get into legal trouble by following the advice..

[gnbrotz]

Originally Posted by knight0334

By posting it we cant go wrong, it would list a place where someone would have to disarm. We dont say where people can carry, but rather where they cant carry. People cant get into legal trouble by following the advice..

Understood. From a liability standpoint it makes sense, but I'm looking at it from a "not accurate" standpoint....kind of like the guys at Targetmaster that said OC was illegal....following their advice won't get you in trouble, but that doesn't mean it's correct.

We have a really good reputation for accuracy, and to me, part of that is noting the ambiguity in the law where it exists. Recommend against it, sure. Say it's outright 'illegal'....I don't know.

JMHO.

[knight0334]

gnbrotz,

Whats the general consensus as to how you're allowed to carry in state and federal parks now? I should probably add the rules for that too, but have only loosely kept up with the topic.

IE: Only if licensed. Must conceal. etc.. etc..

[gnbrotz]

State Parks:
Concealed carry permitted by "licencees" and "law enforcement officers" (with proper ID). Open carry is still prohibited by DCNR, and proposed wording barring them from additional regulations (think mini-preemption) was stricken during the legislative process. Citeable reference is §6109(m.2)

(m.2) Inconsistent provisions.--Notwithstanding the provisions of section 7506 (relating to violation of rules regarding conduct on Commonwealth property), 75 Pa.C.S. § 7727 (relating to additional limitations on operation) or the act of June 28, 1995 (P.L. 89, No. 18), [FN3] known as the Conservation and Natural Resources Act, and regulations promulgated under that act, a firearm may be carried as provided in subsection (a) by:

(1) a law enforcement officer whose current identification as a law enforcement officer shall be construed as a valid license to carry a firearm; or

(2) any licensee.

*One interesting thing I noticed is that like 'vehicle carry', there is no mention of reciprocity. My reading is that a non-reciprocal license is adequate for state parks. Would be interested in your thoughts on this.

National Parks (and National Wildlife Refuges):
Per a recent rule change (see attached .pdf) concealed carry is permitted outdoors, and in buildings that are not deemed "federal facilities." While there has not been a specific or exhaustive list published yet, the defining standard on buildings seems to be the regular presence of federal employees carrying out their duties. Also, laws governing carry in federal facilities require signage, so a lack of signage may assist with a defense if there is disagreement over a particular venue.

Places like a visitor's center are clearly prohibited, but a primitive privy out in the wild probably isn't. Also, privately contracted facilities (like hotel/lodges) are not covered (per direct correspondence I've had with an "NPS Law Enforcement Specialist"), but are subject to private property laws. Obviously, applicable state laws apply as well.

Also, the permission to carry in National Parks/Wildlife Refuges is dependent on the ability of a person to lawfully carry elsewhere in the state. You cannot carry in a NP within Wisconsin or the District of Columbia (there are probably others too), because you cannot otherwise lawfully carry within that state/territory.

Did I miss anything?

[RickySinatra]

I have a serious question for anyone that can help. I am a manager of a cell phone store, It seems like i'm gettin all different answers. One of my friends who is a Philly Cop tells me I can't carry in my store, and someone else I know who knows most PA gunlaws tells me I can carry in the store with owners consent. Since I dont have my license YET. Can I carry my weapon on me in my workplace?


(a) Offense defined.--Any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.
...
Laymans terms please!
The bold is why I am confused.

Thank you