OC = Public Nuisance, LEO can demand you cover - per Lackawanna Co. sheriff

[jahwarrior72]

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[General Geoff]

I think you should press charges of him being a public nuisance by misinterpretting law.

[truecrimson]

IANAL, or even very good at remembering the numbers, but I would think that after such an incident you could retain a lawyer and sue.

[normanvin]

Public nuisance
From Wikipedia, the free encyclopedia



In the English criminal law, public nuisance is a class of common law offence in which the injury, loss or damage is suffered by the local community as a whole rather than by individual victims.

[Delco Sig]

If a black guy walks through a white neighborhood, can he be cited for a "public nuisance" because the white people are uncomfortable by his presence?

[pex]

There are federal laws that preempt that kind of racial discrimination or what is probably a hate crime. Everyone listens to federal laws.

They don't listen to state laws.

[Agent Smith]

Originally Posted by Delco Sig

If a black guy walks through a white neighborhood, can he be cited for a "public nuisance" because the white people are uncomfortable by his presence?

Apparently so in Lackawanna County since this "public nuisance" law can be applied "anywhere, at anytime, on public property"

[Pa. Patriot]

1st. I doubt the sheriff has anything to do with county park rules. More about the that later.

Concerning the sheriff's comments... The sheriff is correct and incorrect.
Luckily, the sheriff's opinion on this is not enforceable.

He is incorrect about the "public nuisance" baloney. Even if such a law existed, it is similar to "disorderly conduct". Legal firearm carry, byt itself, would not meet the conditions of such a law.

He is correct that a LEO could stop you, escort you off public property(whatever that means) etc.
However, that officer would then hopefully be held accountable for violating your rights under color of law. That is up to the aggrieved party to do.

You have a constitutionally protected right to carry a firearm and preemption to prevent exactly what sheriff Szymanski is proposing.

He is flat out wrong and his apparent ignorance of above is disturbing.

Preferably we try and educate these ignorant PD's on the applicability of law as it relates to OC... another topic though. Since the sheriff has virtually no say in that issue I wouldn't worry too much about it.

I would follow up with the sheriff via a letter and attach a OC training memo. BTW; He has received one prior, last year, from Yours Truly.
Alternately, invite him here or set up a meeting and we can go talk to him if he is receptive. I would like him to fully understand the consequences of abuses against firearms carriers since he is the issuing authority of LTCF's. He demonstrates an attitude and lack of understanding that I imagine could easily result in an inappropriate/unlawful LTCF revocation and I'm sure he does NOT want to face us, as a group, in an appeal hearing and the resulting bad press we would bring down on him as a result. As was an example in the gnbrotz revocation fiasco.

The sign in county park is a county commissioners and solicitor issue.
They make the regs (probably a "recreation" or "parks" sub-committee) but i suspect that the commission is responsible for approving all regs and ordinances. Similar to twp and city. someone correct me if I am wrong please.

If so I think we need to attend a county commissioners meeting
http://lackawanna.granicus.com/ViewP....php?view_id=2
... and bring the issue to their attention in public. The county solicitor probably attends the meetings also which is who the commissioners will refer the issue to. Again, I can't imagine that the sheriff has nothing whatsoever to do with the park rules or signs.

[Pa. Patriot]

I just found jahwarrior's old post on the county park preemption violation (gun ban)
http://www.pafoa.org/forum/concealed...violation.html

Let's discuss the park ban there and limit this thread to the sheriff's comments just to keep the two conversations relevant to their respective threads.

[ThomasJ]

Originally Posted by jahwarrior72

i'm not sure what to do next. any advice, you guys?

Ignore them and go about your business, which includes openly carrying.