Pennsylvania Firearm Owners Association
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  1. #1
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    Default Exton district court 15-4-03 in violation of preemption?

    Was just there to pay a traffic fine and i see a very discreet black sign on the wall to the right of the counter that simply states

    "If you have a firearm or any other weapon you must leave to court immediately.".
    WHEN DEMOCRACY TURNS TO TYRANNY, THE ARMED CITIZEN STILL GETS TO VOTE

  2. #2
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    Default Re: Exton district court 15-4-03 in violation of preemption?

    Quote Originally Posted by B.A. View Post
    Was just there to pay a traffic fine and i see a very discreet black sign on the wall to the right of the counter that simply states

    "If you have a firearm or any other weapon you must leave to court immediately.".
    It is generally illegal to possess a firearm in a court facility: 18 Pa.C.S. § 913

  3. #3
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    Default Re: Exton district court 15-4-03 in violation of preemption?

    Quote Originally Posted by B.A. View Post
    "If you have a firearm or any other weapon you must leave to court immediately.".
    What? If you have a firearm or weapon, you must arrest yourself and appear immediately before the magistrate? Is that a typo?

    18 Pa.C.S. 913 is NOT HARD. A sign containing the provisions of 913(a), and the location of the lockers or similar facilities, must appear at every public entrance of the building containing the court facility, and every entrance to each court facility.

    Yet I doubt there is a single building containing a court facility in this state which had signs placed in cognizance of this requirement. Any premise that is compliant, if there is a single one, probably became that way by accident.

  4. #4
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    Default Re: Exton district court 15-4-03 in violation of preemption?

    Quote Originally Posted by MDJschool View Post
    What? If you have a firearm or weapon, you must arrest yourself and appear immediately before the magistrate? Is that a typo?

    18 Pa.C.S. 913 is NOT HARD. A sign containing the provisions of 913(a), and the location of the lockers or similar facilities, must appear at every public entrance of the building containing the court facility, and every entrance to each court
    That's what i was refering to sorry some times I leave out info unintentionally. I know you can't carry in a court but it was my understanding they had to provide lockers for those who do carry.
    WHEN DEMOCRACY TURNS TO TYRANNY, THE ARMED CITIZEN STILL GETS TO VOTE

  5. #5
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    Default Re: Exton district court 15-4-03 in violation of preemption?

    Quote Originally Posted by B.A. View Post
    That's what i was refering to sorry some times I leave out info unintentionally. I know you can't carry in a court but it was my understanding they had to provide lockers for those who do carry.
    It's not just your understanding - it's the law! It is "generally" complied with at the county court house level, but apparently rarely at district magistrate levels.

    Write to your county commissioners and ask them why their court facilities are not in compliance with the law (it's only been in effect for over twenty years).

  6. #6
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    Default Re: Exton district court 15-4-03 in violation of preemption?

    Quote Originally Posted by Statkowski View Post
    It's not just your understanding - it's the law! It is "generally" complied with at the county court house level, but apparently rarely at district magistrate levels.

    Write to your county commissioners and ask them why their court facilities are not in compliance with the law (it's only been in effect for over twenty years).
    Has anyone ever seen a "generally compliant" county court house properly sign every court facility?

    A whole gamut of public officials appear responsible for carrying out 18 Pa.C.S. 913 in some way or another. It would be apt to inform every last one of them, not just the county commissioners.
    "Magisterial district judges shall diligently discharge their administrative responsibilities, maintain competence in judicial administration and facilitate the performance of the administrative responsibilities of their staff and of other members of the judiciary and court officials." http://www.pacode.com/secure/data/207/chapter51/s5.html
    "The president judge of the court of common pleas of a judicial district shall exercise general supervision and administrative authority over magisterial district courts within the judicial district." http://www.pacode.com/secure/data/20...ter51/s17.html "The President Judge shall be responsible for ensuring that the judicial district is in compliance with the Pennsylvania Rules of Criminal Procedure, other rules, and statutes, applicable to the minor judiciary, courts, clerks of courts, and court administrators." http://www.pacode.com/secure/data/23...ter1/s116.html
    "Pursuant to Article V, § 10, of the Constitution of Pennsylvania, that, effective as of this date, the duties and responsibilities of a District Court Administrator should be, but not be limited to, those set forth below: . . . 5. Management of space, equipment and facilities of his court or courts. . . . 7. Procurement of supplies and services for his court or courts. 8. Custody and disbursement of funds for his court or courts. . . ." http://www.pacode.com/secure/data/20...9toc.html#29.6.
    And you can probably add to that list:
    "The Court Administrator of Pennsylvania shall serve at the pleasure of the Supreme Court. The Court Administrator shall be responsible for the prompt and proper disposition of the business of all courts and justices of the peace." (Zygmont A. Pines) http://www.pacode.com/secure/data/20...ter5/s501.html
    Deputy Court Administrator of Pennsylvania for Court Operations
    Deputy Court Administrator of Pennsylvania for the Minor Judiciary
    AOPC's Office of Judicial Security http://www.pacourts.us/T/AOPC/JudicialSecurity.htm
    Sheriff

    More reading: http://forum.pafoa.org/general-2/583...tml#post727635

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    Default Re: Exton district court 15-4-03 in violation of preemption?

    On a related note, I went to the District Justice office on North Second Street in Chambersburg, to the right of the main entrance there was a sign stating all weapons are prohibited and are to be secured at the Franklin County Sheriff's office located approximately 2 blocks away.
    This does not seem to be a reasonable accommodation. Or is that a normal practice?

  8. #8
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    Default Re: Exton district court 15-4-03 in violation of preemption?

    Quote Originally Posted by edsollen View Post
    On a related note, I went to the District Justice office on North Second Street in Chambersburg, to the right of the main entrance there was a sign stating all weapons are prohibited and are to be secured at the Franklin County Sheriff's office located approximately 2 blocks away.
    This does not seem to be a reasonable accommodation. Or is that a normal practice?
    Normal practice or not, it does not meet the requirements of the law which require storage "at or within" the court facility.
    Get your "Guns Save Lives" stickers today! PM for more info.

  9. #9
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    Default Re: Exton district court 15-4-03 in violation of preemption?

    It amazes me that the courts can ignore laws but I forget to pay a traffic fine and they want to send the SWAT team out to get me.
    WHEN DEMOCRACY TURNS TO TYRANNY, THE ARMED CITIZEN STILL GETS TO VOTE

  10. #10
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    Default Re: Exton district court 15-4-03 in violation of preemption?

    So what do we do about it?

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