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Thread: Another letter to my Rep.
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July 18th, 2008, 06:08 AM #1Active Member
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Another letter to my Rep.
This issue came up elsewhere and I thought that my Rep should be made aware of it. Here's what I wrote:
Dear Sir:
It is my understanding that it is not unlawful for me to carry a firearm, either openly or concealed, in my place of abode; my home. That right, however, does not seem to extend to the lands upon which my home is situated.
I have been informed that, unless I possess a "License To Carry Firearms," carrying a firearm that was covered, in any way, by an outer garment would be viewed as my carrying a concealed firearm, that it would be unlawful and doing so would make me subject to arrest and prosecution.
Essentially, I could not lawfully put a jacket on, over a holstered pistol, leave my home and walk to my barn or any other place on my property without the possibility of being arrested.
Is this deliberate or is this just an ambiguity in the law that might need clarification?
Regardless of whether this is an ambiguity or is the intent of the law I believe that it is an infringement on my rights. I also believe that the right to carry in my place of abode should extend to my lands. I further believe that, if what I described above is so, that the law should be amended so as to allow me carry a firearm, openly or concealed, on my lands without violating any law.
Your views on this matter would be greatly appreciated and I look forward to your response.
I really think that this issue should be brought to every Representative in the Commonwealth. I know that there are many other issues, probably more important, that could be addressed but this is a simple and straight forward one. If we all, all 8,000+ strong of us, (And our spouses, friends and relations) started to make our "masters" aware of our views, I am sure that they would get the point. Othewise, our silence conveys our acceptance of how we are ruled.
How's it go, "Take arms (pens in this case) against a sea of troubles and, by opposing, end them?"
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July 18th, 2008, 09:43 AM #2
Re: Another letter to my Rep.
Good letter! Copy sent to Sam Smith, House Minority Leader.
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July 18th, 2008, 09:48 AM #3
Re: Another letter to my Rep.
I sent a copy to Jef Pyle my friend and State Rep.
EdFeedBack: https://forum.pafoa.org/showthread.p...ight=edstephan
An OathKeeper and OC Activist, 1 of the 3%, Ed Stephan
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August 20th, 2008, 02:06 PM #4
Re: Another letter to my Rep.
Response received from Rep. Sam Smith as follows:
Thank you for contacting my office to inquirer[sic] into how the law defines "abode" as it relates to your License to Carry Firearms. I appreciate you taking the time to express your viewpoint on this issue.
Enclosed please fine[sic] §6106 of Title 18 (Crimes Code) which relates to offenses and exceptions for carrying a firearm. You are correct that the definition of "abode" is a gray area. Further complicating this issue is the fact that Court decisions have not focused on areas outside the home. In past legislative sessions, there has been legislation that would define abode as any area on an individual's property, but has not been brought before the House for a vote. While no legislation has been introduced this session, it may be addressed in the future. Please be assured that if such a proposal is brought up in the future, I will keep your thoughts in mind.
Again, thank you for contacting me and feel free to contact me in the future regarding any state related matter.Last edited by Statkowski; August 20th, 2008 at 03:31 PM.
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August 20th, 2008, 03:38 PM #5
Re: Another letter to my Rep.
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
Hobson fundraiser Remember SFN Read before you Open Carry
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August 20th, 2008, 03:46 PM #6Banned
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Re: Another letter to my Rep.
Further complicating this issue is the fact that Court decisions have not focused on areas outside the home.
We clearly have at least one case dealing with exactly this (the apartment/common-area case, where it was found that the common area wasn't included in 'abode'). That's certainly going to affect the notion of what an abode is.
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August 20th, 2008, 03:57 PM #7
Re: Another letter to my Rep.
Sent to both my Rep and Sen.
Dear Sir and Madam:
It is my understanding that it is not unlawful for me to carry a firearm, either openly or concealed, in my place of abode; my home. That right, however, does not seem to extend to the lands upon which my home is situated.
I have been informed that, unless I possess a "License To Carry Firearms," carrying a firearm that was covered, in any way, by an outer garment would be viewed as my carrying a concealed firearm, that it would be unlawful and doing so would make me subject to arrest and prosecution.
Essentially, I could not lawfully put a jacket on, over a holstered pistol, leave my home and walk to my barn or any other place on my property without the possibility of being arrested.
Is this deliberate or is this just an ambiguity in the law that might need clarification?
Regardless of whether this is an ambiguity or is the intent of the law I believe that it is an infringement on my rights. I also believe that the right to carry in my place of abode should extend to my lands. I further believe that, if what I described above is so, that the law should be amended so as to allow me carry a firearm, openly or concealed, on my lands without violating any law.
It is my desire that one, or ideally both, of you, would introduce legislation addressing this "grey" area as it relates to the term "Abode", especially where it affects firearm owners.
Your views on this matter would be greatly appreciated and I look forward to your response.
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
Hobson fundraiser Remember SFN Read before you Open Carry
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August 21st, 2008, 08:44 AM #8Active Member
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Re: Another letter to my Rep.
All well and good. The problem, however, as I see it is that there were, ostensibly, only four rep. contacts made. What do we have, 243 reps in the commonwealth?
Anyone want to try an experiment? Pick several representatives, four or five, that speak most favorably and consistently for our interests. Write to them requesting that a specific piece of legislation which supports our interests be introduced. Ask your friends, your spouse, voting age children, other relatives, and people you meet at ranges to write and support the issue. If you really want to roll with it, carry a pad, several pens, envelopes and stamps; and get it done on the spot. (You’ll probably should have the reps names and their geographic districts handy.)
If the issue is the one above, a single issue, a letter as simple as:
Dear name of rep
Please make a law that allows us and our family and guests to carry firearms, concealed or open, on our own property. Knowing that you value those issues important to me will assure my continued support at election time.
Yours truly,
ADDRESS
Simplistic? Yup, but I’d be curious to know how many letters would be needed to get something like this going. Many letters stressing the same issue to one individual will get more attention than one or two. They might just elicit something more than a tepid: thank you for your interest, I will be sure to keep your concerns in mind, kind of response.
I’ve been suggesting political activism ever since I signed on to this forum and have generally been ignored. Well if you haven’t already, put me on your ignore list, because, from now on, every time you complain about some stupid law or infringement, I will ask:
Have you complained to your rep?
Other strenuous efforts have been made such as the PA GUN RIGHTS thing. That's great but it's directed to educate a different group. The problem is that the people who make, and repeal, these laws are the ones who also want to keep their jobs. We need to PERSONALLY let them know how we want them to represent us.
You know what they say: If you’re not part of the solution, you’re part of the problem.
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August 21st, 2008, 10:17 AM #9
Re: Another letter to my Rep.
Letter so sent.
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August 21st, 2008, 10:23 AM #10
Re: Another letter to my Rep.
OK, done.
Whats the difference between Senators and Representatives? Would a similar letter or e mail to Senators be in order? Would an online petition such as Opencarry.org has done for OC in Florida and Texas be appropriate here? I presume (correct me if I'm wrong) that a Rep will only be interested in mail from their own constituents, and that mass mailings by only one or a few people would be ignored by the Reps from other districts?
For those who don't know who their legislators are go here:
http://www.legis.state.pa.us/index.cfm
and put your zip plus 4 in the box in the upper right hand corner. It will take you right to your Representatives and Senators.If you don't know who your state legislators are go here:
http://www.legis.state.pa.us/index.cfm
put your zip plus 4 in the box in the upper right hand corner.
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