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September 11th, 2013, 01:56 PM #11
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September 11th, 2013, 02:10 PM #12
Re: Just checking myself for a moment to be sure I dont make a mistake
18 Pa CS § 5122. Weapons or implements for escape.
(a) Offenses defined.--
(1) A person commits a misdemeanor of the first degree
if he unlawfully introduces within a detention facility,
correctional institution or mental hospital, or unlawfully
provides an inmate thereof with any weapon, tool, implement,
or other thing which may be used for escape.
It would seem a reasonable interpretation that, should a police dept have some form of temporary 'lock-up' in a secured location not accessible to the public, then outside of that secured area is not part of the 'detention facility'. Just IMO.
It's a different case when talking about state and county prisons - the 'contraband' prohibition extends to all buildings and grounds thereto.Last edited by tl_3237; September 11th, 2013 at 02:15 PM.
IANAL
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September 11th, 2013, 02:40 PM #13
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September 11th, 2013, 02:43 PM #14
Re: Just checking myself for a moment to be sure I dont make a mistake
I don't think you want to be the test case for police stations vs. The cell block area of the police station... very often prisoners are moved to various locations within the secure police station for interviews with detectives and other units within the department. There are also special rules for securing juveniles which prohibit them from being within sight and sound of adult prisoners... so I may end up securing one in our hallway turning it into an ad hoc detention facility. So I could see the courts agreeing that the whole separately secure police station is a detention facility.
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September 11th, 2013, 03:06 PM #15
Re: Just checking myself for a moment to be sure I dont make a mistake
Just to be thorough, here's the full text:
§ 5122. Weapons or implements for escape
(a) Offenses defined.--
(1) A person commits a misdemeanor of the first degree if he unlawfully introduces within a detention facility, correctional institution or mental hospital, or unlawfully provides an inmate thereof with any weapon, tool, implement, or other thing which may be used for escape.
(2) An inmate commits a misdemeanor of the first degree if he unlawfully procures, makes or otherwise provides himself with, or unlawfully has in his possession or under his control, any weapon, tool, implement or other thing which may be used for escape.
(b) Definitions.--
(1) As used in this section, the word “unlawfully” means surreptitiously or contrary to law, regulation or order of the detaining authority.
(2) As used in this section, the word “weapon” means any implement readily capable of lethal use and shall include any firearm, ammunition, knife, dagger, razor, other cutting or stabbing implement or club, including any item which has been modified or adopted so that it can be used as a firearm, ammunition, knife, dagger, razor, other cutting or stabbing implement, or club. The word “firearm” includes an unloaded firearm and the unassembled components of a firearm.
You have to UNLAWFULLY introduce the weapon, which they define above. Which pretty much gives the site manager the authority to make something illegal under the PA statutes, at least within the confines of the facility, by simply posting a sign or writing a memo.
Of course, that doesn't define what part of a large building which houses a hospital or jail counts as "within" the facility, but there are parallels to how the courts have treated large buildings which contain courts and restaurants and other offices. The entire courthouse is off-limits, when it's a separate building. Where a building contains more than one facility, then my recollection is that they deem the court rooms and adjacent hallways to be off-limits.
Usually, they'll give you hints, with signs and metal detectors and armed guards.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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September 11th, 2013, 07:27 PM #16Super Member
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September 11th, 2013, 07:42 PM #17Senior Member
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Re: Just checking myself for a moment to be sure I dont make a mistake
I'm gonna throw a curve here. Don't take this the wrong way as it is just my opinion. I think you will be more respected if you carry concealed. You can get your point across and push back with words. I'm sure they believe you have guns. Carrying one to a compromise can kinda backfire especialy if things get heated. Others will say they felt threatened by you having a firearm. Some crazies will lie and say you pointed it at them. That's why I avoid confrontation when in OC mode. There's a right time and a wrong time to OC. Right time is when your going about life and want to protect yourself. The wrong time is when your heading to a debate to exchange words. Uncle Ted can lawfully carry during most of his press meetings but doesn't. It's just not how to send a message.
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September 11th, 2013, 08:10 PM #18Member
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Lebanon,
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Re: Just checking myself for a moment to be sure I dont make a mistake
I don't agree with this thought.
If you can open carry legally. You should do so unless otherwise banned. Hiding your gun defeats the purpose of what OP wants to do. A statement is a statement. Carrying concealed is not a statement.
Your opinion is different than mine. Not right or wrong.
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September 11th, 2013, 10:05 PM #19Active Member
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wernersville,
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Re: Just checking myself for a moment to be sure I dont make a mistake
A wise man once reminded me to always strive "to grow in understanding and effectiveness" which means to me to study a given situation or occurence and strive to see what I can do to more effectively convey myself or be more effective at delivering a message or conducting myself. The purpose of my visit is to protest the township thinking that they should create an ordinance which regulates when or if an individual can shoot guns within the township, not really related to open carry, I only desire to open carry to visibly protest the recent attempts to restrict gun rights and freedoms for citizens. If I CC then they will have one less thing to use to discredit or dismiss my message, which would impact the effectiveness of my efforts. Johnydavid has a point....and so do you...I may be wiser to let the idea of putting an openly carried gun in their face on the back burner so that I can more effectively reach a bigger portion of the people who will be in attendance. I am unsure of what I will do right now. the entrance is an unsecured lobby at the middle front of the building, if there is a detaining cell it is somewhere else in the building prob nowhere near where the meeting will take place. Thank you everyone for the input.
Last edited by Joe88XJ; September 11th, 2013 at 10:07 PM.
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September 11th, 2013, 10:34 PM #20Member
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Re: Just checking myself for a moment to be sure I dont make a mistake
Joe, Good Luck tomorrow night! Let us know how it goes.
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