Pennsylvania Firearm Owners Association
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  1. #41
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    Default Re: Nees advice Attorney/Lawyer Philadelphia area

    Quote Originally Posted by Carson View Post
    That’s not how it works. We probably make about 5 VUFA arrests citywide on any given day. You know, because of the many prohibited folks who have a propensity to shoot at each other

    Also an ADA approves or disapproves all charges lodged by PPD personnel. So if there is an issue it will be addressed at that time. Nothing against the PSP, but overseeing the PPD making arrests is neither their function or responsibility.

    Ironically you never hear about any issues with the majority of the arrests made on a daily basis by the PPD.
    Yes, I have complete faith in the corrupt political system in PA to have judges or DA to give a damned about the law or Constitutions.

    The fact that half way across the state I am hearing of bad arrests is a huge problem.
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

  2. #42
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    Default Re: Nees advice Attorney/Lawyer Philadelphia area

    Checking lights is no assurance after turning them on and checking them. A bulb can blow any time.

    PSP was not formed to reign in Philadelphia wrongs. It was formed to respond to a miner's strike.

    It might be interesting to learn what recruits are being told while attending the academy. I think it takes an anti-gun mindset to arrest under the conditions described, or a desire to make a "gun pinch" at any stretched opportunity.

  3. #43
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    Default Re: Nees advice Attorney/Lawyer Philadelphia area

    Quote Originally Posted by Jhaydeno View Post
    How expired was it? Pa law allows 6 months beyond as an exception:

    Pa 18 C.S. 6106 (2) (b) (12) : A person who has a lawfully issued license to carry a firearm pursuant to section 6109 (relating to licenses) and that said license expired within six months prior to the date of arrest and that the individual is otherwise eligible for renewal of the license.
    That means he is eligible for renewal vs submission of a new application (starting over again). It does not mean you can carry an expired license for up to 6 months and still carry your firearm. Carry the letter saying he has a license ready for pick up is not the same as carrying the license. I think the arrest is BS and could have been avoided but the fact is he did not have the license in his possession. Is physical possession at the time of an encounter a lawful requirement?

  4. #44
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    Default Re: Nees advice Attorney/Lawyer Philadelphia area

    Quote Originally Posted by MT1 View Post
    That means he is eligible for renewal vs submission of a new application (starting over again). It does not mean you can carry an expired license for up to 6 months and still carry your firearm.
    Are you an attorney?

  5. #45
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    Default Re: Nees advice Attorney/Lawyer Philadelphia area

    Quote Originally Posted by MT1 View Post
    That means he is eligible for renewal vs submission of a new application (starting over again). It does not mean you can carry an expired license for up to 6 months and still carry your firearm. Carry the letter saying he has a license ready for pick up is not the same as carrying the license. I think the arrest is BS and could have been avoided but the fact is he did not have the license in his possession. Is physical possession at the time of an encounter a lawful requirement?
    Read the entire chapter linked below and please reconsider your second statement. The possession of a license expired with 6 months is an affirmative defense at trial, and would technically allow you to continue to carry. Instead of hogging up the page, here's the link to the entire statute:

    http://www.legis.state.pa.us/WU01/LI...1.006.000..HTM
    Resistance to tyrants is obedience to God.

  6. #46
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    Default Re: Nees advice Attorney/Lawyer Philadelphia area

    Quote Originally Posted by Bang View Post
    a desire to make a "gun pinch" at any stretched opportunity.
    Yes these are a big deal but especially in PPD. Have been told this is one of factors used for picking regular patrol officers for elite teams such as Plainclothes, Burglary, Narcotics, Hiway Patrol, etc. Two young female cops should have very quickly determined this was not a true gun pich and said "Oh well" "next time maybe"

    Add to hassle factor expired LTCF, Drivers Lic & vehicle registration not given back "by mistake" Had to call all over to see who had his paperwork.
    Tim

  7. #47
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    Default Re: Nees advice Attorney/Lawyer Philadelphia area

    Quote Originally Posted by Jhaydeno View Post
    Read the entire chapter linked below and please reconsider your second statement. The possession of a license expired with 6 months is an affirmative defense at trial, and would technically allow you to continue to carry. Instead of hogging up the page, here's the link to the entire statute:

    http://www.legis.state.pa.us/WU01/LI...1.006.000..HTM
    (12) A person who has a lawfully issued license to carry a firearm pursuant to section 6109 (relating to licenses) and that said license expired within six months prior to the date of arrest and that the individual is otherwise eligible for renewal of the license.
    It is very clear. Without being in possession of a valid LTCF you will be arrested first. But they will later let you go.

    Everyone can decide for themselves if that means its OK to carry for another 6 months after your permit expires.

    And the OP's "detention" by the Philly police is allowed (even though it is harassment)
    Last edited by Delkal; July 1st, 2018 at 10:45 AM.

  8. #48
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    Default Re: Nees advice Attorney/Lawyer Philadelphia area

    Without being in possession of a valid LTCF you will be arrested first. But they will later let you go.
    Then what purpose is served by the arrest? This is a very weird law. Sounds ripe and overdue for legal challenge.

  9. #49
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    Default Re: Nees advice Attorney/Lawyer Philadelphia area

    Without being in possession of a valid LTCF you will be arrested first. But they will later let you go.
    Quote Originally Posted by Bang View Post
    Then what purpose is served by the arrest? This is a very weird law. Sounds ripe and overdue for legal challenge.
    I guess I should have said they will probably let you go. But these sections are just a defense you can use at a trial. The local DA can still bring up charges and a liberal judge does not have to accept your defense. You can still get screwed.

  10. #50
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    Philadelphia, Pennsylvania
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    Default Re: Nees advice Attorney/Lawyer Philadelphia area

    Quote Originally Posted by Bang View Post
    Then what purpose is served by the arrest? This is a very weird law. Sounds ripe and overdue for legal challenge.
    I agree. I wonder what the original rationale (or what VIP forgot to renew) for the law was?

    They should just make it like they did with drivers licences and vehicle registrations, expired is expired and in violation but allow renewal up to 3 months prior to expiration and renew for a full 12 month period.

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