Man Charged for Carrying on His Own Property

[bogey1]

At least he wasn't caught sleeping on a refrigerator. That could of cost him dearly.

[tl_3237]

That's crazy. I wonder what would happen to some people near me who own the lot next to their residence and never did a joinder deed to make it one. Their alarm goes off and they walk onto their adjacent lot and are mugged but shoot the mugger. That's not their residence but an undeveloped lot they own next to their residence.

The property owner in the OP was charged with: [quote]

18 PA CSA§ 6106. Firearms not to be carried without a license.

(a) Offense defined.--

(2) A person who is otherwise eligible to possess a valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.

https://ujsportal.pacourts.us/Report...iTvkvqGw%3D%3D

Presumably he (OP encounter) either used a vehicle or had the firearm concealed in the course of the encounter.

In your scenario, if they walk and open-carry to the site then they would not be subject to same potential §6106 charges.

[RockIsland]

[QUOTE=tl_3237;4902357]The property owner in the OP was charged with:

https://ujsportal.pacourts.us/Report...iTvkvqGw%3D%3D

Presumably he (OP encounter) either used a vehicle or had the firearm concealed in the course of the encounter.

In your scenario, if they walk and open-carry to the site then they would not be subject to same potential §6106 charges.

Same questions I had in the original thread about this.

What did he actually do? Not what was he charged with.

[father-of-five]

Is this some dick wad leftist blue county? Does the pos DA have higher political ambitions and is trying to make a name for himself? Agree with Jay Smith about claiming OC. This is an f'd up loophole and the clowns in Hairyassburg should fix it. In the mean time...moral of the story is everyone in PA who's legally allowed should get a LTCF, even non-gun owners. Hope the gentleman has a good lawyer. At least he's "only" charged with the misdemeanor for what that's worth.

I'm pretty sure Schuylkill county is pretty red.

[Coops]

I'm pretty sure Schuylkill county is pretty red.

Absolutely

Schuylkill County 2016 Presidential election

100% Reporting

DJ. Trump 70.0% 43,937
HR. Clinton 26.7% 16,724


Schuylkill County 2020 Presidential election

DJ. Trump 69.2% 48,871
J Biden 29.4% 20,727

[tl_3237]

Same questions I had in the original thread about this.

What did he actually do? Not what was he charged with.

Only one person knows for sure - the defendant.

But we do have some information that would certainly lend reasonable credence to the conclusion that what he did do was carrying concealed firearms w/o an LTCF.

I say this based on the available court documents, previously cited, that the defendant was arrested by the PSP and that arrest resulted in the Schuylkill County District Attorney's Office issuing a criminal complaint of 2 counts of violation of 18 PA CSA §6106 §§A2. The intrinsic criminal element of that charge is "carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person ... without a valid and lawfully issued license". By filing the charges the DA attested that he had reasonable cause to conclude said proscribed actions had occurred.

Further buttressed by a local report:

A Pottsville police officer was first on the scene, according to court papers filed Friday with District Magistrate David Plachko. That officer, Cpl. Jonathan Randolph, saw Powanda laying on the street and two others standing nearby, identified as Yakaitis and Georgine Yakaitis.

Randolph asked who was the shooter and Vincent Yakaitis reportedly told him that he shot Powanda. The officer collected the gun used in the incident, a Beretta 92FS 9mm handgun, that was in Yakaitis* pants pocket when he turned it over to police.

Another gun, a Smith & Wesson M&P Shield .45 handgun, was also seized from Yakaitis that was in his coat pocket. Police also got an extra magazine of ammo from him.

Yakaitis reportedly admitted to a State Police investigator that he hadn*t had a concealed carry gun permit for more than 10 years.

That*s why police are charging him with two counts of misdemeanor gun possession. He was released Friday on $10,000 unsecured bail. A Preliminary Hearing is scheduled for April 30, at 9:30 a.m., before Plachko.

https://coalregioncanary.com/2024/04...ylkill-county/

[tl_3237]

Just for s**ts and giggles asked MS Edge Copilot -"Pennsylvania man Yakaitis shoots trespasser get arrested".

The AI Response:

In a recent incident in Port Carbon, Pennsylvania, an elderly man named Vincent Yakaitis was arrested after shooting a trespasser on his property. The trespasser, identified as Dennis Powanda, was charged with burglary and criminal trespass among other offenses. The controversy arises from the fact that Yakaitis, who is in his mid-70s, used a firearm without a license in what appears to be an act of self-defense. Pennsylvania law does provide exceptions for carrying a firearm without a license in one's abode or fixed place of business, but since Yakaitis did not reside at the property, which had no tenants at the time, he was charged on a technicality. If convicted, Yakaitis could face up to five years in prison and a $25,000 fine. This case has sparked discussions on criminal justice reform, gun rights, and the implications of technicalities in the legal system.

[Delkal]

In a recent incident in Port Carbon, Pennsylvania, an elderly man named Vincent Yakaitis was arrested after shooting a trespasser on his property. The trespasser, identified as Dennis Powanda, was charged with burglary and criminal trespass among other offenses. The controversy arises from the fact that Yakaitis, who is in his mid-70s, used a firearm without a license in what appears to be an act of self-defense. Pennsylvania law does provide exceptions for carrying a firearm without a license in one's abode or fixed place of business, but since Yakaitis did not reside at the property, which had no tenants at the time, he was charged on a technicality. If convicted, Yakaitis could face up to five years in prison and a $25,000 fine. This case has sparked discussions on criminal justice reform, gun rights, and the implications of technicalities in the legal system.

Coming from Microsoft hat is a surprisingly non biased assessment of the situation. Maybe there is hope for AI......

[RockIsland]

Only one person knows for sure - the defendant.

But we do have some information that would certainly lend reasonable credence to the conclusion that what he did do was carrying concealed firearms w/o an LTCF.

I say this based on the available court documents, previously cited, that the defendant was arrested by the PSP and that arrest resulted in the Schuylkill County District Attorney's Office issuing a criminal complaint of 2 counts of violation of 18 PA CSA §6106 §§A2. The intrinsic criminal element of that charge is "carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person ... without a valid and lawfully issued license". By filing the charges the DA attested that he had reasonable cause to conclude said proscribed actions had occurred.

Further buttressed by a local report:


https://coalregioncanary.com/2024/04...ylkill-county/

Thank you.

TL always delivers.

[CycleTech]

Absolutely

Schuylkill County 2016 Presidential election

100% Reporting

DJ. Trump 70.0% 43,937
HR. Clinton 26.7% 16,724


Schuylkill County 2020 Presidential election

DJ. Trump 69.2% 48,871
J Biden 29.4% 20,727

I think the DA is pure bleeding heart lib. Hell they shut the website down on the county site for the DA. THat should tell you something.