Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Mar 2007
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    Scranton, Pennsylvania
    (Lackawanna County)
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    Default OC = Public Nuisance, LEO can demand you cover - per Lackawanna Co. sheriff

    ....................
    Last edited by jahwarrior72; June 2nd, 2010 at 11:25 AM.

  2. #2
    Join Date
    Mar 2007
    Location
    Allentown, Pennsylvania
    (Lehigh County)
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    Default Re: "Public Nuisance" laws?

    I think you should press charges of him being a public nuisance by misinterpretting law.
    Any mission, any conditions, any foe at any range.
    Twice the mayhem, triple the force.
    Ten times the action, total hardcore.

  3. #3
    Join Date
    May 2008
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    Leb-A-non, Pennsylvania
    (Lebanon County)
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    Default Re: "Public Nuisance" laws?

    IANAL, or even very good at remembering the numbers, but I would think that after such an incident you could retain a lawyer and sue.
    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.

  4. #4
    Join Date
    Apr 2007
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    Pittston, Pennsylvania
    (Luzerne County)
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    Default Re: "Public Nuisance" laws?

    Public nuisance
    From Wikipedia, the free encyclopedia



    In the English criminal law, public nuisance is a class of common law offence in which the injury, loss or damage is suffered by the local community as a whole rather than by individual victims.
    Don't be an ass.

  5. #5
    Join Date
    Jul 2008
    Location
    na, Pennsylvania
    (Montgomery County)
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    Default Re: "Public Nuisance" laws?

    If a black guy walks through a white neighborhood, can he be cited for a "public nuisance" because the white people are uncomfortable by his presence?

  6. #6
    Join Date
    Feb 2008
    Location
    Lolton, Pennsylvania
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    Default Re: "Public Nuisance" laws?

    There are federal laws that preempt that kind of racial discrimination or what is probably a hate crime. Everyone listens to federal laws.

    They don't listen to state laws.

  7. #7
    Join Date
    Feb 2007
    Location
    Southeast, Pennsylvania
    (Montgomery County)
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    Default Re: "Public Nuisance" laws?

    Quote Originally Posted by Delco Sig View Post
    If a black guy walks through a white neighborhood, can he be cited for a "public nuisance" because the white people are uncomfortable by his presence?
    Apparently so in Lackawanna County since this "public nuisance" law can be applied "anywhere, at anytime, on public property"
    Last edited by Agent Smith; July 25th, 2008 at 12:48 PM. Reason: Forgot sarcastic smiley

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  8. #8
    Join Date
    Mar 2006
    Location
    Mountain Top, Pennsylvania
    (Luzerne County)
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    Default Re: "Public Nuisance" laws?

    1st. I doubt the sheriff has anything to do with county park rules. More about the that later.

    Concerning the sheriff's comments... The sheriff is correct and incorrect.
    Luckily, the sheriff's opinion on this is not enforceable.

    He is incorrect about the "public nuisance" baloney. Even if such a law existed, it is similar to "disorderly conduct". Legal firearm carry, byt itself, would not meet the conditions of such a law.

    He is correct that a LEO could stop you, escort you off public property(whatever that means) etc.
    However, that officer would then hopefully be held accountable for violating your rights under color of law. That is up to the aggrieved party to do.

    You have a constitutionally protected right to carry a firearm and preemption to prevent exactly what sheriff Szymanski is proposing.

    He is flat out wrong and his apparent ignorance of above is disturbing.

    Preferably we try and educate these ignorant PD's on the applicability of law as it relates to OC... another topic though. Since the sheriff has virtually no say in that issue I wouldn't worry too much about it.

    I would follow up with the sheriff via a letter and attach a OC training memo. BTW; He has received one prior, last year, from Yours Truly.
    Alternately, invite him here or set up a meeting and we can go talk to him if he is receptive. I would like him to fully understand the consequences of abuses against firearms carriers since he is the issuing authority of LTCF's. He demonstrates an attitude and lack of understanding that I imagine could easily result in an inappropriate/unlawful LTCF revocation and I'm sure he does NOT want to face us, as a group, in an appeal hearing and the resulting bad press we would bring down on him as a result. As was an example in the gnbrotz revocation fiasco.

    The sign in county park is a county commissioners and solicitor issue.
    They make the regs (probably a "recreation" or "parks" sub-committee) but i suspect that the commission is responsible for approving all regs and ordinances. Similar to twp and city. someone correct me if I am wrong please.

    If so I think we need to attend a county commissioners meeting
    http://lackawanna.granicus.com/ViewP....php?view_id=2
    ... and bring the issue to their attention in public. The county solicitor probably attends the meetings also which is who the commissioners will refer the issue to. Again, I can't imagine that the sheriff has nothing whatsoever to do with the park rules or signs.
    Last edited by Pa. Patriot; July 25th, 2008 at 12:57 PM.
    _________________________________________

    danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
    you won't, I will not sit with my thumb up my bum and complain, because you will.
    Remember Meleanie

  9. #9
    Join Date
    Mar 2006
    Location
    Mountain Top, Pennsylvania
    (Luzerne County)
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    Default Re: OC = Public Nuisance, LEO can demand you cover - per Lackawanna Co. sheriff

    I just found jahwarrior's old post on the county park preemption violation (gun ban)
    http://www.pafoa.org/forum/concealed...violation.html

    Let's discuss the park ban there and limit this thread to the sheriff's comments just to keep the two conversations relevant to their respective threads.
    _________________________________________

    danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
    you won't, I will not sit with my thumb up my bum and complain, because you will.
    Remember Meleanie

  10. #10
    Join Date
    May 2008
    Location
    St. Petersburg, Florida
    Posts
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    Default Re: OC = Public Nuisance, LEO can demand you cover - per Lackawanna Co. sheriff

    Quote Originally Posted by jahwarrior72 View Post
    i'm not sure what to do next. any advice, you guys?
    Ignore them and go about your business, which includes openly carrying.

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