Re: Philadelphia Open Carry Loophole
Quote:
Originally Posted by
JosephDeNueces
Now why do you say that? The clear opinion of the Supreme Court was that, for the purposes of Pennsylvania Law,
all firearms are guns, but not all guns are firearms, when they threw out a Person not to Possess conviction for a man who shot his wife in the face in broad daylight; This is also reinforced by a subsequent Superior Court ruling which threw out a Person not to Possess conviction on the same grounds. This is why Section 6105 now has section (I) which defines a firearm as the literal definition of a firearm, and Section 6106.1 has the title "
Carrying loaded weapons other than firearms.", and states "pistol, revolver, shotgun or rifle, other than a firearm as defined in section 6102". The beloved section 6108 only states "
firearm, rifle or shotgun", thus by omission a Pistol with a barrel length of over 15 inches would not be prohibited to carry in Philadelphia as it is not a firearm, shotgun or rifle per Pennsylvania law.
Here's the link to the case law if you wish to read it for yourself.
Commonwealth vs Todd (1978), Surpeme Court:
https://www.courtlistener.com/opinio...42/com-v-todd/
Commonwealth vs Rapp (1978), Superior Court:
https://law.justia.com/cases/pennsyl...uper-31-2.html
This is true, which is why 6106.1 specifically states "loaded weapons other than a firearm", since guns not meeting the definition of a "firearm" are simply "weapons" per Pennsylvania law; That said a guy tried to beat 6108 in 1968 saying that since his 22" rifle wasn't a firearm under 6102, it was exempt, but the Supreme Court ruled as long as the law specifically states a type of gun in addition to or the exclusion of "firearms" the law applies to them as well.
Don't forget the 26" overall length.. Any gun under 26" OAL is a "firearm".
Then, the courts will likely decide than if the General Assembly went to the stretch of regulating Rifles and Shotguns, any type of gun would be covered by the law. We have a very liberal Superior and Supreme courts, which odds are they will decide exactly as I describe above.
You would have a better argument that 6108 violates the 14th Amendment's equal rights and protection of the law clause.
Re: Philadelphia Open Carry Loophole
What would Hobson Mckown do?
Re: Philadelphia Open Carry Loophole
Quote:
Originally Posted by
ROCK-IT3
What would Hobson Mckown do?
Smoke a doobie.
Re: Philadelphia Open Carry Loophole
Quote:
Originally Posted by
ROCK-IT3
What would Hobson Mckown do?
Open carry a cocked & locked Crosman American Classic.
Re: Philadelphia Open Carry Loophole
Quote:
Originally Posted by
knight0334
Don't forget the 26" overall length.. Any gun under 26" OAL is a "firearm".
Then, the courts will likely decide than if the General Assembly went to the stretch of regulating Rifles and Shotguns, any type of gun would be covered by the law. We have a very liberal Superior and Supreme courts, which odds are they will decide exactly as I describe above.
You would have a better argument that 6108 violates the 14th Amendment's equal rights and protection of the law clause.
I know that that's why I used AR pistols as an example since pretty much any AR pistol is over 26 inches with a 11 inch barrel unless it has a non-standard buffer-tube
Re: Philadelphia Open Carry Loophole
Quote:
Originally Posted by
JosephDeNueces
I know that that's why I used AR pistols as an example since pretty much any AR pistol is over 26 inches with a 11 inch barrel unless it has a non-standard buffer-tube
So again I ask, what is the intended point of the OP.
What end result is supposed to be achieved with this exercise?
Re: Philadelphia Open Carry Loophole
Quote:
Originally Posted by
Berncly
What end result is supposed to be achieved with this exercise?
Philly PD getting in some stick time like the Broad street Bullies................BUT WAIT THEIRS MORE don't forget the FREE leather shampoo!! Then you get tossed into the tank for three days before you ever get to see a Judge.
Walker Texas Ranger got nothing on Philly PD when it comes to kicking ass.
Re: Philadelphia Open Carry Loophole
Quote:
Originally Posted by
Daycrawler
Philly PD getting in some stick time like the Broad street Bullies................BUT WAIT THEIRS MORE don't forget the FREE leather shampoo!! Then you get tossed into the tank for three days before you ever get to see a Judge.
Walker Texas Ranger got nothing on Philly PD when it comes to kicking ass.
My as yet unanswered comment was made for a reason.
Many uninformed people read these threads looking for information and advice.
It is both irresponsible and dangerous to intentionally or unintentionally post legal jargon that may get someone into legal jeopardy, hurt, or killed.
If the OP is meant as an intellectual exercise then so be it, but there is a responsibility to make that clear in the original post.
If the OP is meant to convince uninformed people to play with the law and get hurt or killed as a result, then it needs to be clarified as such by other informed posters.
Re: Philadelphia Open Carry Loophole
Hey Jose,
Send my regards to Bubba...........................
Re: Philadelphia Open Carry Loophole
Joseph what is the intent of your post? Are you planning to visit Philly?