PA Constable Arrested and Charged for Unlicensed Carry

[mjf]

http://www.thereporteronline.com/sit...d=466404&rfi=6

Posted under fair use.

Constable admits to carrying gun without permit
By Carl Hessler Jr.
08/30/2008
A Norristown constable has admitted to carrying a loaded handgun without the proper permit.

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Vincent I. Angelichio, 41, of the 1000 block of Buttonwood Street, pleaded guilty in Montgomery County Court to a misdemeanor charge of firearms not to be carried without a license in connection with a November 2007 incident in the borough.

The open plea means prosecutors have no deals with Angelichio regarding his potential punishment.

Judge Paul W. Tressler will have sole discretion in fashioning Angelichio's punishment.

Tressler deferred sentencing so that court officials can complete a background investigative report about Angelichio. The judge will use that report to assist him in sentencing Angelichio later this year.

Angelichio, who is represented by defense lawyer Saul J. Solomon, remains free on bail pending sentencing.

Angelichio's guilty plea comes just two months after prosecutors denied his request to be admitted to the county's Accelerated Rehabilitative Disposition program, a special probationary program that allows first-time offenders of non-violent crimes to clear their records after successfully completing probation.

Prosecutors denied the ARD request because a gun was involved in the incident, court documents indicate.

Earlier this year, Tressler temporarily stripped Angelichio of his constable duties, pending the outcome of the criminal case. Angelichio "may not hold himself out under color of authority in any fashion as an agent of the commonwealth," Tressler wrote in the previous court order.

At that time, the judge ordered authorities to seize "any and all items" identifying Angelichio as a constable, including uniforms, weapons, badges and any cars marked as belonging to a constable.

Prosecutors plan to ask the judge at a future hearing to permanently remove Angelichio from his constable duties.

In court papers, District Attorney Risa Vetri Ferman alleged Angelichio's "willful breach of the law constitutes malfeasance and misfeasance" and makes him unfit to serve as constable.

Angelichio's alleged carrying of a handgun without a proper license violates the Constables' Code of Ethics and the rules governing the conduct of constables, Ferman maintained.

Angelichio was sworn in as the elected constable for Norristown on Jan. 5, 2004, according to court records.

Court documents indicate an investigation of Angelichio began about 12:50 p.m. Nov. 22, 2007, after Norristown police observed a vehicle allegedly operated by Angelichio travel through a stop sign at West Marshall Street and Haws Avenue.

After stopping the vehicle and requesting identification from Angelichio police observed a badge on the outside of Angelichio's wallet, identifying him as a state constable, according to the arrest affidavit.

"Angelichio was asked if he had any weapons in the vehicle, to which he replied that he has a gun next to his seat," Norristown Police Officer Brian Kozera wrote in the arrest affidavit.

Police saw the handle of a revolver sticking out from underneath the right-hand side of the front driver's seat, according to the criminal complaint.

When police questioned Angelichio about whether he had a permit to carry a concealed weapon or if he was certified under state law to carry a weapon as a constable, Angelichio allegedly replied he was not certified to carry a firearm while working.

Angelichio, according to court papers, did tell police he had a permit to carry a firearm but that he had left the card at his home.

However, upon checking with the Pennsylvania State Police gun license and permit system, police determined Angelichio was not permitted to carry a concealed weapon, according to the arrest affidavit.

Holy smokes! I think this guy's getting hosed, badly... This is very much a gun rights issue. There is no PA state statute which would prevent an uncertified constable from carrying a concealed firearm.

As we all know, the UFA states:

§ 6106. Firearms not to be carried without a license.
(a) Offense defined.--
(1) Except as provided in paragraph (2), any person who
carries a firearm in any vehicle or any person who carries a
firearm concealed on or about his person, except in his place
of abode or fixed place of business, without a valid and
lawfully issued license under this chapter commits a felony
of the third degree.
(2) A person who is otherwise eligible to possess a
valid license under this chapter but carries a firearm in any
vehicle or any person who carries a firearm concealed on or
about his person, except in his place of abode or fixed place
of business, without a valid and lawfully issued license and
has not committed any other criminal violation commits a
misdemeanor of the first degree.
(b) Exceptions.--The provisions of subsection (a) shall not
apply to:
(1) Constables, sheriffs, prison or jail wardens, or
their deputies, policemen of this Commonwealth or its
political subdivisions, or other law-enforcement officers.
<snip>

The only other relevant statute you'll find is:

Title 42 Pa.C.S.A. Judiciary and Judicial Procedure
Part II. Organization
Subpart B. Other Structural Provisions
Chapter 29. Officers Serving Process and Enforcing Orders

Subchapter C. Constables

§ 2948. Use of firearms

(a) Standards.--The Constables' Education and Training Board, with the review and approval of the Pennsylvania Commission on Crime and Delinquency, shall establish standards for the certification or qualification of constables and deputy constables to carry or use firearms in the performance of any duties.

(b) Certification and qualification.--Until such time as the board establishes the standards pursuant to subsection (a), no constable or deputy constable shall carry or use a firearm in the performance of any duties unless he is currently certified or qualified in firearms under at least one of the following:

(1) The act of June 18, 1974 (P.L. 359, No. 120), referred to as the Municipal Police Education and Training Law. [FN1]

(2) The act of October 10, 1974 (P.L. 705, No. 235), known as the Lethal Weapons Training Act. [FN2]

(3) The act of February 9, 1984 (P.L. 3, No. 2), known as the Deputy Sheriffs' Education and Training Act. [FN3]

(c) Availability.--In accordance with subsection (b), the firearms portion of the education and training under the listed laws shall be made available to constables and deputy constables.

The above certainly does not provide a means for prosecution under § 6106, further, § 2948 is related an on duty constable under "Officers Serving Process and Enforcing Orders."

I don't want to see a citizen punished for lawful carry.

<edit>

Further, there's no "Constables' Code of Ethics"... that's all garbage... Also appears to me this guy has an incompetent lawyer.

[BCI Instructor]

Good info mjf, the more visibility to this travesty the better.

For interested folks, there is a pretty detailed thread on this at:

www.policeworld.net

choose forums, then "Constable's Corner"

There is no uniform or statuatory Constable's Code of Ethics.
I am currently in ACT 44 Training, per the Judge who teaches this section of the course each Office of Constable should outline their own standards and ethics. The course includes example Codes from other associations and the US Secret Service as guidelines.

[soberbyker]

http://www.thereporteronline.com/sit...d=466404&rfi=6

Posted under fair use.



Holy smokes! I think this guy's getting hosed, badly... This is very much a gun rights issue. There is no PA state statute which would prevent an uncertified constable from carrying a concealed firearm.

As we all know, the UFA states:


The only other relevant statute you'll find is:


The above certainly does not provide a means for prosecution under § 6106, further, § 2948 is related an on duty constable under "Officers Serving Process and Enforcing Orders."

I don't want to see a citizen punished for lawful carry.

<edit>

Further, there's no "Constables' Code of Ethics"... that's all garbage... Also appears to me this guy has an incompetent lawyer.

According to the article you quote:

When police questioned Angelichio about whether he had a permit to carry a concealed weapon or if he was certified under state law to carry a weapon as a constable, Angelichio allegedly replied he was not certified to carry a firearm while working.

Angelichio, according to court papers, did tell police he had a permit to carry a firearm but that he had left the card at his home.

However, upon checking with the Pennsylvania State Police gun license and permit system, police determined Angelichio was not permitted to carry a concealed weapon, according to the arrest affidavit.

Constable or citizen, he was not allowed to carry a concealed weapon.

Also according to this he wasn't in compliance either:

(b) Certification and qualification.--Until such time as the board establishes the standards pursuant to subsection (a), no constable or deputy constable shall carry or use a firearm in the performance of any duties unless he is currently certified or qualified in firearms under at least one of the following:

I don't like seeing anyone punished for lawful carry, but the information your provided looks like he wasn't carrying lawfully, at least to me.

Bill

.

[CPratt]

Just a question.
If the gun was visible how was he carrying concealed without a permit?

Unless i read the article wrong wasn't the gun visible.

[mjf]

Angelichio allegedly replied he was not certified to carry a firearm while working.

There's nothing under the "§ 6106. Firearms not to be carried without a license" statutes relating to any type of certification. Further, there's no state statute limiting off duty carry for constables.

However, upon checking with the Pennsylvania State Police gun license and permit system, police determined Angelichio was not permitted to carry a concealed weapon, according to the arrest affidavit.

This is referring to a license to carry firearms (LTCF).

[CPratt]

Sorry read it wrong I thought it said on seat not under.

[HiredGoon]

Just a question.
If the gun was visible how was he carrying concealed without a permit?

Unless i read the article wrong wasn't the gun visible.

When a gun is in a vehicle whether visible or not, it is considered "concealed" just by being in the vehicle, which is why a LTCF is needed to have a gun in a vehicle.

[soberbyker]

There's nothing under the "§ 6106. Firearms not to be carried without a license" statutes relating to any type of certification. Further, there's no state statute limiting off duty carry for constables.



This is referring to a license to carry firearms (LTCF).

When a gun is in a vehicle whether visible or not, it is considered "concealed" just by being in the vehicle, which is why a LTCF is needed to have a gun in a vehicle.

There ya go. That's why I pointed out what I did.

Bill

.

[mjf]

There ya go. That's why I pointed out what I did.

Bill

.

Right, but he should be exempt under §6106 by virtue of him being constable, as nothing further legally would restrict any off duty carry, thus there's no need for the LTCF. §6106 does not mention, at all, anything about certification. Nor is there any mention of a needed certification for off duty carry for constables in our state statutes.

[soberbyker]

Right, but he should be exempt under §6106 by virtue of him being constable, as nothing further legally would restrict any off duty carry, thus there's no need for the LTCF. §6106 does not mention, at all, anything about certification.

With that argument I would go back and quote this portion:

When police questioned Angelichio about whether he had a permit to carry a concealed weapon or if he was certified under state law to carry a weapon as a constable Angelichio allegedly replied he was not certified to carry a firearm while working.

I'm not a lawyer and I've seen that statutes are subject to whose interpreting them at the moment. Either way, it looks to me like he was not in compliance with any law. With that I will bow out of this discussion.

Bill

.