Pennsylvania Firearm Owners Association
Page 2 of 4 FirstFirst 1234 LastLast
Results 11 to 20 of 36
  1. #11
    Join Date
    Mar 2013
    Location
    York Township, Pennsylvania
    (York County)
    Age
    55
    Posts
    1,978
    Rep Power
    2559673

    Default Re: Just checking myself for a moment to be sure I dont make a mistake

    Quote Originally Posted by Sparks View Post
    I don't think so. They are prohibited in the detention areas, but the common areas are OK.
    I am fairly certain Curmudgeon is correct here. I will research the appropriate cite.

    III% - Stand and be counted

  2. #12
    Join Date
    Jul 2007
    Location
    ..............., Pennsylvania
    (Chester County)
    Posts
    5,444
    Rep Power
    18905654

    Default 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.
    The issue is what is the definition of 'detention facility' - I'm unaware of anything dispositive in statutes or case law.

    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

  3. #13
    Join Date
    Dec 2008
    Location
    Windsor Twsp., Pennsylvania
    (York County)
    Age
    67
    Posts
    6,927
    Rep Power
    21474858

    Default Re: Just checking myself for a moment to be sure I dont make a mistake

    Quote Originally Posted by tl_3237 View Post
    The issue is what is the definition of 'detention facility' - I'm unaware of anything dispositive in statutes or case law.

    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.

    ^This was the point I was trying to make with the parts of my post that were not quoted earlier.
    While many claim to support the right, precious few support the practice.

  4. #14
    Join Date
    Nov 2010
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
    Posts
    2,940
    Rep Power
    21474852

    Default 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.

  5. #15
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
    Posts
    13,646
    Rep Power
    21474867

    Default Re: Just checking myself for a moment to be sure I dont make a mistake

    Quote Originally Posted by tl_3237 View Post
    The issue is what is the definition of 'detention facility' - I'm unaware of anything dispositive in statutes or case law.

    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.
    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.

  6. #16
    Join Date
    Jul 2008
    Location
    Springtown, Pennsylvania
    (Bucks County)
    Posts
    781
    Rep Power
    3050561

    Default Re: Just checking myself for a moment to be sure I dont make a mistake

    Greetings,

    Are not our local municipal buildings and grounds the property of the public, the tax payers and residents, NOT the "managers"?

    Regards, Jim



    Quote Originally Posted by GunLawyer001 View Post
    A local govt can't criminalize the carrying of firearms in new places not mentioned in the PA Crimes Code; that is pre-empted. But whether they can set a non-statutory, non-ordinance "policy" under their inherent authority as property owners or managers, that has yet to be established.

  7. #17
    Join Date
    Feb 2013
    Location
    Harrisburg, Pennsylvania
    (Dauphin County)
    Posts
    438
    Rep Power
    19069

    Default 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.

  8. #18
    Join Date
    Feb 2013
    Location
    Lebanon, Pennsylvania
    (Lebanon County)
    Posts
    84
    Rep Power
    101455

    Default Re: Just checking myself for a moment to be sure I dont make a mistake

    Quote Originally Posted by johnydavid View Post
    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.
    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.

  9. #19
    Join Date
    Sep 2010
    Location
    wernersville, Pennsylvania
    (Berks County)
    Posts
    182
    Rep Power
    1932228

    Default Re: Just checking myself for a moment to be sure I dont make a mistake

    Quote Originally Posted by sohryu76 View Post
    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.
    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.

  10. #20
    Join Date
    Nov 2011
    Location
    Kennett Square, Pennsylvania
    (Chester County)
    Posts
    73
    Rep Power
    697

    Default 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.

Page 2 of 4 FirstFirst 1234 LastLast

Similar Threads

  1. Replies: 15
    Last Post: January 15th, 2013, 09:42 PM
  2. Did I make a Mistake
    By BobGun in forum Rifles
    Replies: 3
    Last Post: November 22nd, 2012, 12:00 PM
  3. Is Ruger missing a moment to make history?
    By Neko456 in forum Pistols
    Replies: 43
    Last Post: December 26th, 2011, 05:43 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •