HB 1845 Passed the House and Senate today.

[LittleRedToyota]

Did I read this right in the one section that states under an Emergency a person with a LTCF is allowed to armed. No Licence, no open carry hand gun or long gun. But with a CCW you are allowed to be armed on the street under a declared emergency.

Section 3. Section 6107 of Title 18 is amended to read:
15 § 6107. Prohibited conduct during emergency.
16 (a) General rule.--No person shall carry a firearm[, rifle
17 or shotgun] upon the public streets or upon any public property
18 during an emergency proclaimed by a State or municipal
19 governmental executive unless that person is:
20 (1) Actively engaged in a defense of that person's life
21 or property from peril or threat.
22 (2) Licensed to carry firearms under section 6109
23 (relating to licenses) or is exempt from licensing under
24 section 6106(b) (relating to firearms not to be carried
25 without a license).

i hate to even bring this up, but there is no "or" between (1) and (2) which could mean that both need to apply. so, you need to have an LTCF *and* be *actively* engaged in defending your life.

this would mean you could not carry, even with an LTCF, unless you were actually in the act of defending yourself.

makes no sense whatsoever, but technically, it could be read that way i think.

[Zef_66]

it kinda does though. it refers to subsection (a) and subsection (a), in turn, refers to concealed.

see my post above for a complete analysis.

but, IANAL....my analysis could be wrong.

Ah, I understand now. I will agree with that. Thanks.

[AverageJoe]

I'm a little foggy here ... the signing of this bill would limit the DCNR to current restrictions and not allow any more? Or, negate the current restrictions and prevent others from being enacted? Sorry, every link I open doesn't seem to work on this dinosaur PC.

Anyone know when is big Ed is expected to sign it? And last of all, when would it go in to effect?

[glockman22]

Any news on when this all takes effect?

[LittleRedToyota]

I'm a little foggy here ... the signing of this bill would limit the DCNR to current restrictions and not allow any more? Or, negate the current restrictions and prevent others from being enacted? Sorry, every link I open doesn't seem to work on this dinosaur PC.

Anyone know when is big Ed is expected to sign it? And last of all, when would it go in to effect?

i am not a lawyer, but here is my take on it:

the bill (when signed into law by the governor) does not really prohibt the DCNR from passing additional regulations...nor does it repeal an existing DCNR regulations.

what it basically does is say that, regardless of what regulations the DCNR currently has or passes in the future, people with LTCFs can CC in a state park (or on any other DCNR property).

that is about all it does. the actual DCNR regulations against carrying in a state park still stands. however, it is overridden in certain cases, but only in certain cases, by this bill. those cases are:

1. the person carrying is an off duty police officer (and is, as i read it, carrying concealed
2. the person carrying is has an LTCF (and is, as i read it, carrying concealed)

so, as i read it:

1. people who are not LEOs and also do not have an LTCF still cannot carry in a state park
2. open carry in a state park is still a violation of the DCNR regulation and, thus, is a summary offense

as i said, i am not a lawyer, but this is how i read it. for a more detailed analysis of why i read it that way, see my earlier posts in this thread.

[LittleRedToyota]

Any news on when this all takes effect?

the majority of it (including overriding of the DCNR regulation on carrying) will take effect 60 days after rendell signs it.

i have no predictions on when he will sign it.

[Boomer]

From Senator Williams.

The bill was presented to the Governor for his signature on Oct. 9. He has 10 days to sign or veto the bill. If he does not sign or veto within that 10 days, it becomes law after 10 days. The effective dates are listed at the end of the bill.
Three (3) subsections take effect immediately and the remainder of the act takes effect in 60 days. You can review the bill and those sections by visiting the legislature's website:
http://www.legis.state.pa.us/CFDOCS/...r=1845&pn=4528

Senator Constance Williams
700 S. Henderson Road
Suite 100A
King of Prussia, PA 19406
610-992-9790


As an FYI, Senator Williams has so far been the ONLY Senator to answer any of my questions regarding this Bill.

.

[AverageJoe]

Thanks LRT and Boomer, appreciate the info.

[glockman22]

20 years for assault on police?

[pacrimescode5904]

It looks to me like the DCNR will NOT be allowed to enact any provisions limiting a persons rights to carry. It appears to me that this bill brings DCNR in line with the concept of preemption.

CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE CONSTRUED TO:

(1) PERMIT THE HUNTING OR HARVESTING OF ANY WILDLIFE WITH A FIREARM OR AMMUNITION NOT OTHERWISE PERMITTED BY 34
PA.C.S. (RELATING TO GAME).

(2) AUTHORIZE ANY COMMONWEALTH AGENCY TO REGULATE THE
POSSESSION OF FIREARMS IN ANY MANNER INCONSISTENT WITH THE
PROVISIONS OF THIS TITLE.

I am a Ranger and I will not/have not been enforcing this regulation regardless of whatever the bug catchers (management) say. I will not violate a citizens constitutional rights (US Constitution).

Just my .02