Gov. Tom Wolf declares 'state of emergency' in Pa. opioid epidemic

"The governor on Wednesday declared a state of emergency as officials try to get a handle on the heroin and opioid epidemic that annually claims thousands of lives in Pennsylvania." from the Lancaster online site.

Does this state of emergency declaration have the same impact on carrying / possessing firearms in PA. as say a weather emergency or a terror emergency.

Thanks to all who have the time and knowledge to answer.



Roland

Let the fucking junkies die. Call it chlorine in the gene pool.

Seriously?

Is he high?

New post on Prince Law Offices, P.C.


With a Stroke of a Pen, PA Governor Wolf Limits Firearm Rights by Proclaiming State of Emergency
by Joshua Prince, Esq.

Today, Pennsylvania Governor Wolf issued a proclamation declaring Pennsylvania's heroin and opioid epidemic a statewide disaster emergency, seemingly triggering the firearm prohibitions found in 18 Pa.C.S. § 6107 during declared emergencies.

Specifically, Section 6107 provides:

(a) General rule.--No person shall carry a firearm upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:
(1) Actively engaged in a defense of that person's life or property from peril or threat.
(2) Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).
(b) Seizure, taking and confiscation.--Except as otherwise provided under subsection (a) and notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any other provision of law to the contrary, no firearm, accessory or ammunition may be seized, taken or confiscated during an emergency unless the seizure, taking or confiscation would be authorized absent the emergency.
(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
“Accessory.” Any scope, sight, bipod, sling, light, magazine, clip or other related item that is attached to or necessary for the operation of a firearm.
“Firearm.” The term includes any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any weapon.

(It must be noted that the definition of a firearm is specific to this section of the code and not the general definition of a firearm found in Section 6102. The definition of a firearm in this section is far more broad than the definition in Section 6102)

While neither Section 6102 nor Section 6107 define what constitutes an "emergency proclaimed by a State...governmental executive," it is clear that Governor Wolf is the state governmental executive. Moreover, the language utilized in the proclamation seems to trigger the prohibition since it is a proclamation of an emergency, pursuant to 35 Pa.C.S. § 7301.

Specifically, the Proclamation provides:

Disaster Declaration.jpg Disaster Declaration 2.jpg

So what does this mean?

This means that an individual, who could generally carry a firearm in public without a license to carry firearms (LTCF) (with the exception of in the City of Philadelphia as a city of the first class), cannot do so during a state of emergency. However, as the above exceptions reflect, this does not include when the individual is using the firearm for self-defense or if the individual has a license to carry firearms. This is another reason why I always recommend that any individual, regardless of whether he/she desires to conceal carry a firearm, procure an LTCF.

What about confiscation of firearms?

Since Katrina and the confiscation of firearms that occurred during the state of emergency there, individuals are generally concerned about the Government using a state of emergency to confiscate firearms. That is why Section 6107 specifically prevents any form of confiscation of firearms, accessory or ammunition from occurring solely as a result of a state of emergency.

What should you do?

As it is anticipated that this proclamation of a state of emergency will not be terminated for an extended period of time, I would highly recommend that anyone eligible obtain his/her LTCF.

If you or someone you know has had their right to keep and bear arms infringed as a result of this state of emergency, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.



Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.
Joshua Prince, Esq. | January 10, 2018 at 4:13 pm | Tags: "joshua prince", drug, emergency, firearm, firearms, Firearms Industry Consulting Group, gun, guns, opioid, Pennsylvania, section 6107, section 6109, state of emergency | Categories: Firearms Law, Pennsylvania Firearms Law | URL: https://wp.me/p1PK55-3yB

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Yep limiting legal gun owners will stop junkies from suiciding themselves........You know exactly why this was done......to stop open carry
Yep folks...Trump's the NAZI:rolleyes:

Step #1 to becoming NJ.

I think it's a bit of a stretch to think that this is being done to stop a TEENY tiny percentage (open carriers with no LTCF) of a small percentage (people who carry with a LTCF) of the population from carrying guns.

It's being done as a political "look at me! I'm HELPING those poor, innocent victims of the opioid epidemic!"

jerryg,
So this means that hunting on public lands, such as pa. game lands, is unlawful unless you poses a valid LTCF until the declaration has been rescinded?
if so then Prince Law Offices, P.C. should have a few hundred thousand calls to his office before the this weekend.

Thanks for the input. I was going to hunt this weekend.

My rights to keep and bear arms have not been directly infringed as a result of this state of emergency, But it has affected my right to hunt on public owned game lands. does that count?
Thanks,
Roland

Does this mean I still have to go to work or can I just hunker down in my living room and play Star Wars Battlefront II all day until this is lifted?


The guy is just looking for national attention and to put people in "crisis" mode.

Quote:

---

Originally Posted by Roland45

jerryg,
So this means that hunting on public lands, such as pa. game lands, is unlawful unless you poses a valid LTCF until the declaration has been rescinded?
if so then Prince Law Offices, P.C. should have a few hundred thousand calls to his office before the this weekend.

Thanks for the input. I was going to hunt this weekend.

My rights to keep and bear arms have not been directly infringed as a result of this state of emergency, But it has affected my right to hunt on public owned game lands. does that count?
Thanks,
Roland

---

I cannot answer your hunting question. I am not a hunter or a lawyer. I have a LTCF so I don't keep a close watch on hunting laws and rules. I am on the Prince Law Office mailing list, that is how I got the info.

How exactly does this declaration benefit the state's legions of heroin junkies?