Pennsylvania Firearm Owners Association
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  1. #21
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    Default Re: Charges for discharging a firearm

    This got me thinking that if you defended yourself, and you were charged for shooting the gun, the charge would be a preemption law violation. In other words the state says you can defend yourself and shoot the dog. The PD says you cant. The state law trumps the local law. IANAL



    Quote Originally Posted by Daycrawler View Post
    If this law is still current here is the section to take to your lawyer.


    Pennsylvania Statutes Title 3 P.S. Agriculture ß 459-501 ß 459-501. Killing dogs;  dogs as nuisances
    Search Pennsylvania Statutes

    (a) Legal to kill certain dogs.--Any person may kill any dog which he sees in the act of pursuing or wounding or killing any domestic animal, wounding or killing other dogs, cats or household pets, or pursuing, wounding or attacking human beings, whether or not such a dog bears the license tag required by the provisions of this act.  There shall be no liability on such persons in damages or otherwise for such killing.
    (b) Private nuisance.--Any dog that enters any field or enclosure where domestic animals are confined, provided that the enclosure is adequate for the purpose intended, shall constitute a private nuisance, and the owner or tenant of such field, or their agent or servant, may detain such dog and turn it over to the local police authority or State dog warden or employee of the department.  While so detained, the dog shall be treated in a humane manner.
    (c) Licensed dogs not included.--Licensed dogs, when accompanied by their owner or handler, shall not be included under the provisions of this section unless caught in the act of pursuing, wounding or killing any domestic animal, wounding or killing any dogs, cats or household pets, or pursuing, wounding or attacking human beings.


    IMO you don't need to be bitten before defending yourself or your children. IANAL
    Proud to be an A.P.D.

  2. #22
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    Default Re: Charges for discharging a firearm

    OP,

    Even if you aren't ready to dismiss your current lawyer, please consider at least speaking to Phil Kline. Prior to making this post, I sent him a PM. I am willing to pay his "consult fee" or up to 2 hours of his billed time (I'm not exactly sure how he handles initial contact).

    Please take a few minutes and get his input. There is no obligation to retain him or ditch your current lawyer. Just get a second opinion and write down any advice he offers. It will cost you NOTHING.
    Attention NRA Life and voting members - LPRGCFRANK running for NRA board of directors

  3. #23
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    Default Re: Charges for discharging a firearm

    IANAL - Lawyer up and take you day in court! It's SOP for them to pile on charges and hope one sticks or you plea. They don't want to go to court either.

    Water under the bridge and you don't have to respond, but who called the cops? Did you talk to them and confess? Or was there a witness who called and is willing to testify?
    Last edited by Hawk; January 5th, 2019 at 08:25 AM.
    Toujours prÍt

  4. #24
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    Default Re: Charges for discharging a firearm

    If you read let's say the PA crimes code you will notice how vague the verbiage is...I think it's done to cover themselves without exact meaning...just my opinon.

  5. #25
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    Default Re: Charges for discharging a firearm

    I thought regulation of discharging a firearm was prohibited by preemption.
    Si vis pacem, para bellum
    μολ ν λαβέ
    What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms!

  6. #26
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    Default Re: Charges for discharging a firearm

    Quote Originally Posted by Mr_Gixxer View Post
    I thought regulation of discharging a firearm was prohibited by preemption.
    Nope.

  7. #27
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    Default Re: Charges for discharging a firearm

    Didnít the Commonwealth Court based on preemption in 2016 enjoin enforcement of an ordinance that prohibited carrying and discharging firearms in township parks, absent a special permit, in Firearm Owners Against Crime vs Lower Merion Twp?

    https://blog.princelaw.com/2016/12/1...ions-unlawful/

  8. #28
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    Default Re: Charges for discharging a firearm

    Quote Originally Posted by Steve in PA View Post
    Nope.
    Yes it is.

    Quote Originally Posted by Mosinshooter762 View Post
    Didn’t the Commonwealth Court based on preemption in 2016 enjoin enforcement of an ordinance that prohibited carrying and discharging firearms in township parks, absent a special permit, in Firearm Owners Against Crime vs Lower Merion Twp?

    https://blog.princelaw.com/2016/12/1...ions-unlawful/
    And yes they did.
    Si vis pacem, para bellum
    μολ ν λαβέ
    What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms!

  9. #29
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    Default Re: Charges for discharging a firearm

    It wasn't settled as there is still a case from Stroud Township (2017) pending.

  10. #30
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    Default Re: Charges for discharging a firearm

    Where has the OP gone?
    Proud to be an A.P.D.

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