Section 6107 and Declared States of Emergency

[FNG19]

As we all know by now, our good friend Irene is schedule to pay us a visit this weekend. If it really is as ugly as they're predicting, I expect we'll see a declared state of emergency. With that declaration, Section 6107 comes into effect. For reference, here's that section:

§ 6107. Prohibited conduct during emergency.
(a) General rule.--No person shall carry a firearm upon the
public streets or upon any public property during an emergency
proclaimed by a State or municipal governmental executive unless
that person is:
(1) Actively engaged in a defense of that person's life
or property from peril or threat.
(2) Licensed to carry firearms under section 6109
(relating to licenses) or is exempt from licensing under
section 6106(b) (relating to firearms not to be carried
without a license).
(b) Seizure, taking and confiscation.--Except as otherwise
provided under subsection (a) and notwithstanding the provisions
of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any
other provision of law to the contrary, no firearm, accessory or
ammunition may be seized, taken or confiscated during an
emergency unless the seizure, taking or confiscation would be
authorized absent the emergency.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Accessory." Any scope, sight, bipod, sling, light,
magazine, clip or other related item that is attached to or
necessary for the operation of a firearm.
"Firearm." The term includes any weapon that 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 weapon.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)

My question concerns 6107(a) and, specifically, (1) and (2). Are these to be read as "both (1) and (2)" or "either (1) or (2)"? In other words, is an LTCF alone sufficient to carry during a state of emergency, or must you also be "actively engaged" in defending yourself? There are places in various laws where "or" is specified, as is "and", so it's not clear to me which applies where it's not specified.

Thanks!

[tl_3237]

I read any enumerated list without specific connectors as disjointed ("OR").

For example 6106(b) has a list of 16 ways you are exempt from needing a license without any connectors.

[xd40_jim]

Just from reading it as written, I would assume, it would be meant as a a condition, not "actively engaged in defense AND a LTCF holder"

[ungawa]

The hurricane was just upgraded to a Class III Kill Storm.

[knight0334]

It is "or" without a connecting "and" as tl_3237 mentioned.

However that may not stop a LEO or DA from reading it differently.

[The_War_Wagon]

unless
that person is:
(1) Actively engaged in a defense of that person's life
or property from peril or threat.

I rather doubt we'll get much more than an easterly breeze and cloud cover out of it here in Pittsburgh, BUT...

I have 4 small Special Needs children under our roof - this clause is ALWAYS in effect - 24/7/365 at my residence. Nefarious sorts may test that defense at their earliest convenience.

The hurricane was just upgraded to a Class III Kill Storm.

I don't like the sound of that "Class III!"

[Sparks]

The hurricane was just upgraded to a Class III Kill Storm.

There is no such thing as a "kill storm".
It's a class 3 storm, which means winds are greater than 110 MPH. By the time it gets close to us it will be a cat 2.

[ungawa]

There is no such thing as a "kill storm".
It's a class 3 storm, which means winds are greater than 110 MPH. By the time it gets close to us it will be a cat 2.

Umm... Try here:

http://lmgtfy.com/?q=class+III+kill+storm

[The_War_Wagon]

Simpsons, or GO HOME!

[Sparks]

Lets try some web sites that don't reference the Simpsons or Face book

http://www.google.com/#hl=en&source=...w=1024&bih=571

http://www.hwn.org/home/saffir-simpson-scale.html