PA Constable Arrested and Charged for Unlicensed Carry

[gnbrotz]

There is no PA state statute which would prevent an uncertified constable from carrying a concealed firearm.

At the time of the incident, he was not an 'uncertified' constable. He had been stripped of his office (temporarily). He was a regular citizen just like you and I, thus requiring a LTCF.

Further, there's no "Constables' Code of Ethics"... that's all garbage... Also appears to me this guy has an incompetent lawyer.

Incorrect. While BCI Instructor is correct that it is not statutory, it does exist, and is 'uniform' across PA. Courtesy of the PA State Constable Association.

[BCI Instructor]

For those unfamilar with Constables...

You need only be Certified to perform work for the courts.
You need to be Firearm Certified if you wish to perform work for the courts AND be armed.

You can be a Constable and choose to perform peacekeeping duties, election duties, work at a civic / school function without EVER getting Certified or Firearms Certified. Many do, since in many areas a few Constables get the majority of the criminal or civil process work. Title 18 ss 6106 b 1 specifically lists Constables FIRST as being exempt from the necessity of an LTCF.

If a Certified Constable who was not additionally Firearms Certified was performing prisoner transport for the courts or was in the act of _handing_ someone a warrant or process armed, he is at fault.

If an Uncertified Constable, he cannot serve criminal or civil process for the courts as you must offer your cert # to the Judge's staff as part of the issuance process. He could perform process service for a private attorney or similar, as can any citizen of age, without Certification.

If he was not performing court duties, he is covered by 6106 b 1.

One might be in violation of Rule 10 of the Rules Governing Constables if he was committing an illegal act at the time, for example circling the block to stalk someone (I am NOT saying this is what happened). Additionally Rule 12 states that the Presiding Judge of his County / Jurisdiction may set adminstrative rules but these would generally have mild punitive measures, such as loss of work, rather than criminal repercussions.

Unless additional info comes to light, the only reason I can fathom for this gentleman to plead guilty is so that he can move out of the original court of jurisdiction into an appeals court, or into Federal Court under 1983 (Civil Rights Violation).

Barring more info, my opinion remains that this is a travesty of justice.

[mjf]

With that argument I would go back and quote this portion:



I'm not a lawyer and I've seen that statutes are subject to whose interpreting them at the moment. Either way, it looks to me like he was not in compliance with any law. With that I will bow out of this discussion.

Bill

.

When police questioned Angelichio about whether he had a permit to carry a concealed weapon or if he was certified under state law to carry a weapon as a constable Angelichio allegedly replied he was not certified to carry a firearm while working.

The above quote is not really relevant though, as certification is not needed for off duty carry, nor is certification mentioned in §6106. The exemption says,

(b) Exceptions.--The provisions of subsection (a) shall not
apply to:
(1) Constables, sheriffs, prison or jail wardens, or
their deputies, policemen of this Commonwealth or its
political subdivisions, or other law-enforcement officers.

There is no mention of certification in §6106...

[str8shooter]

Right, but he should be exempt under §6106 by virtue of him being constable, as nothing further legally would restrict any off duty carry, thus there's no need for the LTCF. §6106 does not mention, at all, anything about certification. Nor is there any mention of a needed certification for off duty carry for constables in our state statutes.

It does sound a bit contradictory, but the State Police system says he's "not permitted to carry a weapon". Could be skeletons in his closet not mentioned in the article.

[mjf]

At the time of the incident, he was not an 'uncertified' constable. He had been stripped of his office (temporarily). He was a regular citizen just like you and I, thus requiring a LTCF.

I don't see that in the article, I see this, "Earlier this year, Tressler temporarily stripped Angelichio of his constable duties, pending the outcome of the criminal case. Angelichio "may not hold himself out under color of authority in any fashion as an agent of the commonwealth," Tressler wrote in the previous court order."

It seems to me he was in office when this happened and he was stripped of his constableness due to this incident.

Incorrect. While BCI Instructor is correct that it is not statutory, it does exist, and is 'uniform' across PA. Courtesy of the PA State Constable Association.

That's the "PA State Constable Association's" code of ethics. I was trying to say there was no legal code of ethics.

[gnbrotz]

Hellooooo???? He was NOT a Constable at the time of this incident.

Earlier this year, Tressler temporarily stripped Angelichio of his constable duties, pending the outcome of the criminal case. Angelichio "may not hold himself out under color of authority in any fashion as an agent of the commonwealth," Tressler wrote in the previous court order.

At that time, the judge ordered authorities to seize "any and all items" identifying Angelichio as a constable, including uniforms, weapons, badges and any cars marked as belonging to a constable.

This means no Constable 'perks', such as not needing a LTCF. The guy was wrong. He (reportedly) even knew he was wrong, admitted it, and lied about having a LTCF.

[mjf]

It does sound a bit contradictory, but the State Police system says he's "not permitted to carry a weapon". Could be skeletons in his closet not mentioned in the article.

I think they were referring to having a LTCF. I suppose he could have a skeletons in his closet, which would prevent him from obtaining a LTCF, but, scary as it may be, in theory you could be exempt from §6106 and be ineligible for a LTCF.

[mjf]

Hellooooo???? He was NOT a Constable at the time of this incident.

This means no Constable 'perks', such as not needing a LTCF. The guy was wrong. He (reportedly) even knew he was wrong, admitted it, and lied about having a LTCF.

He was constable at the time of the incident. Our good friend, http://ujsportal.pacourts.us, shows us this happened earlier this year and he recently pled guilty to it (see CP-46-CR-0000928-2008)

Earlier this year, Tressler temporarily stripped Angelichio of his constable duties, pending the outcome of the criminal case. Angelichio "may not hold himself out under color of authority in any fashion as an agent of the commonwealth," Tressler wrote in the previous court order.

This is referring about the unlicensed carry charges, this man has no other changes filed against him prior.

[THUMPER061]

the original post does not specify, unless Imissed it waht he was charged with n the first place. If it was for an act that would classify him as a prohibited person (ie: gun crime, PFA violation) then he would fall under the civilian status and without a LTCF, he would be subject to arrest.

[HiredGoon]

Hellooooo???? He was NOT a Constable at the time of this incident.

This means no Constable 'perks', such as not needing a LTCF. The guy was wrong. He (reportedly) even knew he was wrong, admitted it, and lied about having a LTCF.

Constable admits to carrying gun without permit
By Carl Hessler Jr.
08/30/2008
A Norristown constable has admitted to carrying a loaded handgun without the proper permit.

Vincent I. Angelichio, 41, of the 1000 block of Buttonwood Street, pleaded guilty in Montgomery County Court to a misdemeanor charge of firearms not to be carried without a license in connection with a November 2007 incident in the borough.

Earlier this year (which would be 2008), Tressler temporarily stripped Angelichio of his constable duties, pending the outcome of the criminal case. Angelichio "may not hold himself out under color of authority in any fashion as an agent of the commonwealth," Tressler wrote in the previous court order.

Angelichio was sworn in as the elected constable for Norristown on Jan. 5, 2004, according to court records.

Court documents indicate an investigation of Angelichio began about 12:50 p.m. Nov. 22, 2007, after Norristown police observed a vehicle allegedly operated by Angelichio travel through a stop sign at West Marshall Street and Haws Avenue.

OK, from the excerpted quotes above, it looks like he was a constable at the time he had the gun in his vehicle (2007) and the judge stripped him of his authority earlier this year... 2008.

That seems to be what's indicated, isn't it? My bolding is above.