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August 23rd, 2010, 03:55 PM #1Senior Member
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DuBois,
Pennsylvania
(Clearfield County) - Posts
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Questions about OC @ city council meeting
I haven't gone to the meeting, so I'm not posting about an encounter. I am posting because of something that just occured to me. We're all aware that private property owners (and their representatives) can require us to leave private property for OCing, but what if I'm asked to leave a city council meeting that is taking place on public property (in the city building)? Do I have to leave? If I'm not legally required to leave and choose to stay, at what point have I broken a law? I'm assuming that a citizen screaming the entire meeting can be required to leave, so there is probably some point at which I don't have a right to be there, but where is the line?
I've never been to a city council meeting before, so I don't know what it's like. I want to go to the meeting tonight because I want to get involved in politics in some way, but don't know what else to do. I'm not going there for gun rights issues (I'm not aware of any state preemption violations in my area, nor am I aware of anything coming up), but if my OCing causes me to be asked to leave, then it becomes a gun rights issue.
Since I'm not specifically going there because of gun rights (just wanting to get involved in some way) I've considered just concealing, but if OCing would cause an issue, then by concealing I'm just pretending the issue doesn't exist.
I don't know if these meetings are normally recorded in some manner, but because this is a city council meeting open to the public I don't believe there is an expectation of privacy, so my voice recorder shouldn't be a problem.
In short, I'll probably end up OCing and I want advice, preferably with some sort of legal backup, as to what to do if I'm asked to leave/conceal/put gun in car/or otherwise have my rights violated for OCing at a meeting on public property.Last edited by leeam; August 23rd, 2010 at 03:58 PM. Reason: fixed typos
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August 23rd, 2010, 04:27 PM #2
Re: Questions about OC @ city council meeting
I'm not a lawyer. It's my understanding that if the property is not owned by the federal government, or a private individual or company, it is "public" and you cannot be kicked out for carrying a firearm.
That person violated this law:
§ 5503. Disorderly conduct.
(a) Offense defined.--A person is guilty of disorderly
conduct if, with intent to cause public inconvenience, annoyance
or alarm, or recklessly creating a risk thereof, he:
(1) engages in fighting or threatening, or in violent or
tumultuous behavior;
(2) makes unreasonable noise;
(3) uses obscene language, or makes an obscene gesture;
or
(4) creates a hazardous or physically offensive
condition by any act which serves no legitimate purpose of
the actor.
(b) Grading.--An offense under this section is a misdemeanor
of the third degree if the intent of the actor is to cause
substantial harm or serious inconvenience, or if he persists in
disorderly conduct after reasonable warning or request to
desist. Otherwise disorderly conduct is a summary offense.
(c) Definition.--As used in this section the word "public"
means affecting or likely to affect persons in a place to which
the public or a substantial group has access; among the places
included are highways, transport facilities, schools, prisons,
apartment houses, places of business or amusement, any
neighborhood, or any premises which are open to the public.
http://law.onecle.com/pennsylvania/c...5.003.000.html
I would stay, silent and calm to avoid a disorderly, and only leave under wrongful arrest which I would contest in court. You can be in the right and still encounter trouble. No good deed goes unpunished. Odds are this won't happen, and if you don't wish to push it that far you could leave, conceal, return, and express your complaint later..
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August 23rd, 2010, 09:44 PM #3Senior Member
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DuBois,
Pennsylvania
(Clearfield County) - Posts
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Re: Questions about OC @ city council meeting
Nothing interesting happened during the meeting. A police officer sat essentially facing me, but I don't think he even noticed I was OC. Nobody said anything about my firearm during the meeting.
After the meeting on my way back to my car a guy from the meeting (who had seen my firearm) got my attention and we talked about 2A issues and getting involved in politics. Glad I OC'd or I wouldn't have met that guy or the 2 other people that sort of joined our conversation.
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August 23rd, 2010, 09:57 PM #4
Re: Questions about OC @ city council meeting
Good for you! Glad you had a good experience. +1 For taking the initiative.
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