Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Jun 2008
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    three percenter, Pennsylvania
    (Delaware County)
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    Default General Sheriff question

    When a Sheriff is elected, does he take an oath to support and enforce the law?

    If there is an oath does someone have a copy of it?

    If there is not an oath is there a "job description"?

    The reason I ask is that perhaps there is another way to deal with a Sheriff that substitutes his opinion for the law.
    Of every one hundred men in battle, ten should not even be there. Eighty, are nothing but targets. Nine are the real fighters, we are lucky to have them since they make the battle. Ah, but the one—one is the Warrior—and he brings the others home. —Heracletus


  2. #2
    Join Date
    Oct 2006
    Location
    Cherry Tree, Pennsylvania
    (Indiana County)
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    Default Re: General Sheriff question

    Yes, the sheriff does indeed take an oath of office when assuming the position; it's found in Article VI, Section 3 of the Pennsylvania State Constitution and reads, "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity."

    Can't answer regarding the job description, though.

    As for the sheriff substituting his opinion for the law, the "character clause" of Section 6109 provides enough ambiguity for a whole room-full of lawyers to keep busy for the next five years.

  3. #3
    Join Date
    Jun 2007
    Location
    Philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: General Sheriff question

    it's a general oath. i took the same oath of office to be a notary public.

    Greg

  4. #4
    Join Date
    Jun 2008
    Location
    State College, Pennsylvania
    (Montgomery County)
    Posts
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    Default Re: General Sheriff question

    Quote Originally Posted by Statkowski View Post
    As for the sheriff substituting his opinion for the law, the "character clause" of Section 6109 provides enough ambiguity for a whole room-full of lawyers to keep busy for the next five years.
    Probably one of the most important legal victories would be to get a few appellate cases providing more guidance on the "character clause." The few that are out there are pretty vague.

    It would be great to get one appellate case that simply states, "actions which do not violate the law, absent extraordinary circumstances, do not constitute cause to revoke a license to carry a firearm."

  5. #5
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: General Sheriff question

    Quote Originally Posted by archon View Post
    Probably one of the most important legal victories would be to get a few appellate cases providing more guidance on the "character clause." The few that are out there are pretty vague.

    It would be great to get one appellate case that simply states, "actions which do not violate the law, absent extraordinary circumstances, do not constitute cause to revoke a license to carry a firearm."
    The only problem is that in order to get to that level, the lower court challenge must be lost - so it's not something we can "plan".
    Get your "Guns Save Lives" stickers today! PM for more info.

  6. #6
    Join Date
    Aug 2008
    Location
    hometown, Pennsylvania
    (Beaver County)
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    Default Re: General Sheriff question

    is the oath for a pa trooper similar?
    "Yell it from that Mountain High 'I was Born Free' " ~ Kid Rock

  7. #7
    Join Date
    Jun 2008
    Location
    Near Allentown, Pennsylvania
    (Lehigh County)
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    70
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    Default Re: General Sheriff question

    Quote Originally Posted by MrsMtnJack View Post
    is the oath for a pa trooper similar?
    PSP is probably similar to Lebanon County sheriff...."Does Not Apply"

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