County Library Rules

**mrjam2jab** · August 10th, 2010, 06:15 PM

I'm familiar with Pre-emption...and the County library can not ban firearms on that basis. But in reading their Rules of Behavior...Page 2, paragraph 6...of course prohibits weapons....but it does so based on PA 18 CS 908...which says:

§ 908. Prohibited offensive weapons.
(a) Offense defined.--A person commits a misdemeanor of the
first degree if, except as authorized by law, he makes repairs,
sells, or otherwise deals in, uses, or possesses any offensive
weapon.
(b) Exceptions.--
{snip 1 and 2}
(3) This section shall not apply to any person who
makes, repairs, sells or otherwise deals in, uses or
possesses any firearm for purposes not prohibited by the laws
of this Commonwealth.

Doesn't exception 3 allow one to carry...for "all lawful purposes"...IE LTCF?

**tl_3237** · August 10th, 2010, 06:30 PM

Doh - removed to hide stupidity. Note to self: don't answer w/o reading entire statute.

**HiredGoon** · August 10th, 2010, 06:41 PM

18 Pa.C.S. § 908: Prohibited offensive weapons

<SNIP>

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Firearm." Any weapon which 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 such weapon.

"Offensive weapons." Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

**heatheroo** · August 10th, 2010, 09:29 PM

I've OC'ed at the Ephrata and Lititz libraries without comment.

**cobaltss** · August 11th, 2010, 01:14 AM

I think you are safe to carry! I also think that anyone entering a library with a sawed off shot gun is not there to read the books! Therefore the rules really would not matter to them anyway. Carry on! (all puns intended)

**gnbrotz** · August 11th, 2010, 08:58 AM

Originally Posted by cobaltss

I also think that anyone entering a library with a sawed off shot gun is not there to read the books!

"Sawed-off shotguns" aka SBS are legal in PA if the proper federal process has been followed. FYI.

**knight0334** · August 11th, 2010, 10:14 AM

In Minich v. Jefferson County, or something similar in case name, it was ruled that counties/municipalities can enact laws that do not exceed state laws on the limits of possession, carry, etc. If state law forbids certain possession or carrying, then the counties/localities could too.

I dont think it was a PA Supreme Court case, but rather it was the next one down - Circuit/District/Superior Court?? Not sure if that would be case law or just dicta. "Minich" sued Jefferson County because of an ordinance that matched PA Statutes - and lost.

http://www.courts.state.pa.us/OpPost...04_3-11-05.pdf

**anonymouse** · August 11th, 2010, 10:16 AM

Originally Posted by knight0334

In Munich vs. Jefferson County, or something similar in case name, it was ruled that counties/municipalities can enact laws that do not exceed state laws on the limits of possession, carry, etc. If state law forbids certain possession or carrying, then the counties/localities could too.

I dont think it was a PA Supreme Court case, but rather it was the next one down - Circuit/District/Superior Court?? Not sure if that would be case law or just dicta. "Munich" sued Jefferson County because of an ordinance that matched PA Statutes - and lost.

Minich v. Jefferson County

http://www.courts.state.pa.us/OpPost...06_3-14-07.pdf

http://www.aopc.org/OpPosting/CWealt...04_3-11-05.pdf