"Man tries to take loaded gun to hearing"

[Noah_Zark]

Could that be pex?

Exactly what I thought when I read the story.

Noah

[Swarner793]

I'm not too sure they were in violation of the UFA... the prohibitions on schools, court facilities, and even "prohibited offensive weapons" are actually not found within the UFA, rather they're "inchoate crimes."

Title 18 Pa.C.S.A. Crimes and Offenses
Part I. Preliminary Provisions
Chapter 9. Inchoate Crimes
<snip>
§ 908. Prohibited offensive weapons
<snip>
§ 911. Corrupt organizations
§ 912. Possession of weapon on school property
§ 913. Possession of firearm or other dangerous weapon in court facility
<snip>

I believe the violation would be the failure to have a method available to secure the weapon, i.e. public lockers. They can not request that you "just don't bring a gun".

With a revocation of LTCF in the mix, this will make for an interesting situation. Certainly puts OC in the forefront. I wonder why his LTCF was revoked in the first place when it appears he did not yet have a hearing on the issue, assuming the revocation was for the DC and accompaning citations.

Be safe.

Scott

[Agent Smith]

Let's not jump to conclusions. For all we know, this could be just a coincidence.

[knight0334]

Let's not jump to conclusions. For all we know, this could be just a coincidence.

I agree. We should regulate ourselves and not make certain assumptions. Its not fair to the member or the person of interest in the article. And besides, if it is indeed someone here it may create an unfair prejudice and taint a possible innocent man's reputation. The media does enough of that with their misguided Cop Blotter type postings.

[Pa. Patriot]

Everyone here should know (way) better than to
1) Believe anything in a newspaper article
2) assume that all the facts are printed in a newspaper article.

[The Drew]

§913. Possession of Firearm or Other Dangerous Weapon in Court Facility.

(a) Offense defined.—A person commits an offense if he:

(1) knowingly possesses a firearm or other dangerous weapon in a court facility or knowingly causes a firearm or other dangerous weapon to be present in a court facility; or

(2) knowingly possesses a firearm or other dangerous weapon in a court facility with the intent that the firearm or other dangerous weapon be used in the commission of a crime or knowingly causes a firearm or other dangerous weapon to be present in a court facility with the intent that the firearm or other dangerous weapon be used in the commission of a crime.

(b) Grading.—

(1) Except as otherwise provided in paragraph (3), an offense under subsection (a)(1) is a misdemeanor of the third degree.

(2) An offense under subsection (a)(2) is a misdemeanor of the first degree.

(3) An offense under subsection (a)(1) is a summary offense if the person was carrying a firearm under section 6106(b) (relating to firearms not to be carried without a license) or 6109 (relating to licenses) and failed to check the firearm under subsection (e) prior to entering the court facility.

(c) Exceptions.—Subsection (a) shall not apply to:

(1) The lawful performance of official duties by an officer, agent or employee of the United States, the Commonwealth or a political subdivision who is authorized by law to engage in or supervise the prevention, detection, investigation or prosecution of any violation of law.

(2) The lawful performance of official duties by a court official.

(3) The carrying of rifles and shotguns by instructors and participants in a course of instruction provided by the Pennsyl*vania Game Commission under 34 Pa. C.S. §2704 (relating to eligibility for license).

(4) Associations of veteran soldiers and their auxiliaries or members of organized armed forces of the United States or the Commonwealth, including reserve components, when engaged in the performance of ceremonial duties with county approval.

(5) The carrying of a dangerous weapon or firearm unloaded and in a secure wrapper by an attorney who seeks to employ the dangerous weapon or firearm as an exhibit or as a demonstration and who possesses written authorization from the court to bring the dangerous weapon or firearm into the court facility. (Added by L.1995, Act 66(2), eff. 11/22/95.)

(d) Posting of notice.—Notice of the provisions of subsections (a) and (e) shall be posted conspicuously at each public entrance to each courthouse or other building containing a court facility and each court facility, and no person shall be convicted of an offense under subsection (a)(1) with respect to a court facility if the notice was not so posted at each public entrance to the courthouse or other building containing a court facility anti at the court facility unless the person had actual notice of the provisions of subsection (a).

(e) Facilities for checking firearms or other dangerous weapons.—Each county shall make available at or within the building containing a court facility by July 1, 2002, lockers or similar facilities at no charge or cost for the temporary checking of firearms by persons carrying firearms under section 6106(b) or 6109 or for the checking of other dangerous weapons that are not otherwise prohibited by law. Any individual checking a firearm, dangerous weapon or an item deemed to be a dangerous weapon at a court facility must be issued a receipt. Notice of the location of the facility shall be posted as required under subsection (d). (Chgd. by L.1999, Act 59, eff 2/15/00.)

(f) Definitions.—As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

“Court facility.” The courtroom of a court of record; a courtroom of a community court; the courtroom of a district justice; a courtroom of the Philadelphia Municipal Court; a courtroom of the Pittsburgh Magistrates Court; a courtroom of the Traffic Court of Philadelphia; judge’s chambers; witness rooms; jury deliberation rooms; attorney conference rooms; prisoner holding cells; offices of court clerks, the district attorney, the sheriff and probation and parole officers; and any adjoining corridors.

“Dangerous weapon.” A bomb, grenade, blackjack, sandbag, metal knuckles, dagger, knife (the blade of which is exposed in an automatic way by switch, push-button, spring mechanism or otherwise) or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

“Firearm.” Any weapon, including a starter gun, which will or is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas. The term does not include any device designed or used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition.



I believe the relevant parts are bolded.... I believe that If there was no notice posted and no lockers available that by law there can be no conviction under this section, and that the revocation by the sheriff should be overturned as well.

However if there is notification and lockers available and the suspect tried to enter the courtroom without checking his firearm... Then that's a whole different story...

[ChamberedRound]

I'm not too sure they were in violation of the UFA...

IF, IF the information in the article is accurate, the court facility could be in violation of the UFA for not providing firearm storage. They can't simply ask one to "leave the gun in the car", a court facility is obligated to provide a place to check a weapon.

Waiting for more details...

[unclemoak]

Drew, thanks for that info.

So how badly is the court in the wrong for not providing the proper facilities?

[Mondain]

Everyone here should know (way) better than to
1) Believe anything in a newspaper article
2) assume that all the facts are printed in a newspaper article.

Naturally.

I can pretty well visualize what probably really happened, however.

[Gary in Pennsylvania]

Thanks for posting that Drew! I'm following.