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Thread: state of emergency?
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October 28th, 2012, 06:07 PM #21
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October 28th, 2012, 06:58 PM #22
Re: state of emergency?
That's not my area of expertise. But if it meets 6102's definition of "firearm," then yes I believe you can.
"Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.I am not a lawyer and nothing I say should be construed as legal advice.
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October 28th, 2012, 07:00 PM #23
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October 29th, 2012, 12:55 PM #24Junior Member
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Re: state of emergency?
I just want to be 100% clear on this.
With a LTCF i CAN still carry during a state of emergency? From what i heard from some people no one can carry during SOE.
Thanks for your clarification on this.
Mike
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October 29th, 2012, 01:19 PM #25
Re: state of emergency?
Yes.
Law posted below.
18 Pa.C.S. § 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.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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October 29th, 2012, 01:33 PM #26Junior Member
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Re: state of emergency?
Thank you very much for the reply.
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October 31st, 2012, 12:36 AM #27
Re: state of emergency?
Well they told us no power for another 2-4 days. I'm stocked up high. .40 cal Bereta, 9mm Taurus, .22lr Phoenix, .22LR Marlin rifle, Ruger LCP .380, Ruger superhawk .44 mag & ruger .357, Taurus judge, Taurus .38 special. And about 2,500 rounds of ammo. I realize there are some of you who had 100000 times that amount, but Im ready for whatever needed
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October 31st, 2012, 04:08 AM #28Grand Member
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Re: state of emergency?
I just noticed something upon a reread of Chapter 18 section 6107 as posted. I am staying up late and maybe my mind is clouded, but...
I have assumed that LTCF is required to carry during declared states of emergency. This has been our general consensus on the site. However, there is no clause/conjunction/logic between item 1 and 2. Does this mean you 1) Must be actively engaged in defense AND 2) have a LTCF?
Or, is it one or the other, or both. 1) Actively defending OR 2) have a LTCF or BOTH?
The part about confiscation (was that added or changed recently or was it always there?) would tend to make the distinction moot as they could not confiscate absent a reason to confiscate outside of a declared state of emergency. But then again, it also states "except as otherwise stated in section a)" which leaves open the fact if you are not actively defending AND (OR?) have a LTCF, can they confiscate?
It sounds confusing but does my question make sense to anyone else?It is you. You have all the weapons that you need. Now fight. --Sucker Punch
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October 31st, 2012, 05:32 AM #29
Re: state of emergency?
I was wondering the same thing.
Is it #1 AND #2?
Or is it #1 OR #2?
hmmmmSpringfield Armory XDs .45acp
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October 31st, 2012, 10:03 AM #30
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