Pennsylvania Firearm Owners Association
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  1. #11
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    Default Concealed carry at any of the museums in Philly?

    Apologies for reviving an old thread, but I was a little surprised no one made the following point:

    The museum is city owned, public property, and there is state preemption in Pennsylvania.

    Therefore, even open carry should be legal in the museum buildings. Has anyone challenged their no-gun policy? If everyone just conceals and never publicly asserts their right to carry there, it seems like the museum will continue to get away with thumbing its nose at state law.

  2. #12
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    Default Re: Concealed carry at any of the museums in Philly?

    I’ve OC’d at the PMA with no issue and the city owns the building but the museum itself is a Non Profit corporation. As such I believe* they can set the terms for use by visitors. Similar to the way the convention center is run.

    *IANAL; I could be wrong; wouldn’t be the first time and won’t be the last
    Those that live on the sacrifices of others are rarely prepared to make their own.

  3. #13
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    Default Re: Concealed carry at any of the museums in Philly?

    So publicly owned property that is used by the public, is considered in Pennsylvania to be "private property" when managed by a 3rd party private corporation? I thought state preemption applied to the physical property itself, since no one can carry anyway inside a virtual entity. And if that physical property is publicly owned, what statue gives them the authority to ban legally carried firearms?

    If the city itself has no such authority, how can the city bestow that power to the entity which runs the place? I suppose by that logic, the city can by lease or other agreement have a private company manage any public park and ban firearms carry there.

    We have that same issue here in Georgia where a portion of public park property (Piedmont Park) is leased to Atlanta Botanical Garden. The Garden thinks it can ban people from carrying firearms there. My civil lawsuit (filed by Georgia Carry) is now (after five years) finally at the Georgia Supreme Court, expecting a ruling any day now.

  4. #14
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    Default Re: Concealed carry at any of the museums in Philly?

    Quote Originally Posted by phil1979 View Post
    So publicly owned property that is used by the public, is considered in Pennsylvania to be "private property" when managed by a 3rd party private corporation? I thought state preemption applied to the physical property itself, since no one can carry anyway inside a virtual entity. And if that physical property is publicly owned, what statue gives them the authority to ban legally carried firearms?

    If the city itself has no such authority, how can the city bestow that power to the entity which runs the place? I suppose by that logic, the city can by lease or other agreement have a private company manage any public park and ban firearms carry there.

    We have that same issue here in Georgia where a portion of public park property (Piedmont Park) is leased to Atlanta Botanical Garden. The Garden thinks it can ban people from carrying firearms there. My civil lawsuit (filed by Georgia Carry) is now (after five years) finally at the Georgia Supreme Court, expecting a ruling any day now.
    Interesting, please keep us updated with your lawsuit in Georgia.

    Similar to the above pre-emption question, the Philadelphia Marathon start/finish area is held on public grounds across from the Art Museum in Philadelphia. But there is a prohibition of firearms via signage and "enforced" via metal detectors. I personally think it's an illegal prohibition for licensed carriers.

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