preemption law question. Can Commonwealth agencies be sued?

[PAMedic=F|A=]

The title pretty much says it. Can commonwealth agencies who do not have the statutory authority to regulate firearms be sued under the updated preemption law? The one that comes to mine for me is the Dept of Health, Bureau of EMS.

[Emtp8383]

I assume you're talking about the "Thou shalt not carry your otherwise legal gun on the ambulance or else lose your license" rule?

[PAMedic=F|A=]

I assume you're talking about the "Thou shalt not carry your otherwise legal gun on the ambulance or else lose your license" rule?

Yes, but that EMS regulatoion does not only apply to members of the ambulance service. It also applies to patients. It also conflicts with the Protocol which directs providers to secure the firearm, preferably in a locked compartment (locked compartments are not required & I have seen very few ambulances with them). Following the State Protocol at minimum is a misdemeanor unless the provider happens to have a LTCF, and is perhaps a felony depending on the provider's personal history.

[Statkowski]

§ 6109. Licenses.

(m.3) Construction.--Nothing in this section shall be construed to:

(2) Authorize any Commonwealth agency to regulate the possession of firearms in any manner inconsistent with the provisions of this title.

I believe this is the applicable subsection regarding state agencies, which really doesn't have anything to do with preemption as it's normally understood (State law vs. County/Township/Borough/City).

[PAMedic=F|A=]

I believe this is the applicable subsection regarding state agencies, which really doesn't have anything to do with preemption as it's normally understood (State law vs. County/Township/Borough/City).

Right, so is the only way to get standing to be able to show personal harm? IE a member of the EMS community disciplined or a patient unlawfully disarmed (or a delay in care or transport).

[Jhaydeno]

One more dept - that of pen dot. Their gun ban stickers on doors still irks me. I know they placed them there themselves because each office has the same sticker. Itt is not the will of the property owners as they claim, especially since the next 12 doors in the plaza have none! I'm thinking of an FOIA request w/r/t the purchase of the stickers and all correspondence with building owners, than a push to get them all removed, using our esteemed AG's letter to the casino board....if we can sue them, all the better!

[Curmudgeon]

One more dept - that of pen dot. Their gun ban stickers on doors still irks me. I know they placed them there themselves because each office has the same sticker. Itt is not the will of the property owners as they claim, especially since the next 12 doors in the plaza have none! I'm thinking of an FOIA request w/r/t the purchase of the stickers and all correspondence with building owners, than a push to get them all removed, using our esteemed AG's letter to the casino board....if we can sue them, all the better!

+1 on PennDOT. I know I only have to go in there every 4 years or so. so it's not the practicality, it's the principle.

Have you seen what Stan Saylor has done with his Red Lion office?

http://www.ydr.com/politics/ci_27002...istrict-office

Rep. Stan Saylor, R-Windsor Township, has moved to a new district office, according to a mailer.


The new location, at 100 Redco Ave. in Red Lion, will maintain the same phone numbers as his old office on Main Street.


Services at the office include notary public, driver's license and vehicle registration, birth and death certificates, PACE and PACENET applications for seniors, property tax and rent rebate applications, voter registration forms and absentee ballot applications and state tax forms, according to the mailer.


Nice way to dodge the issue you little chicken-shit fucker
.