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Thread: Oc during SOE

  1. #1
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    Default Oc during SOE

    Can someone find me a link to the code that makes it illegal to OC during a State of emergency without a LTCF

    Many thanks

    Nobody

  2. #2
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    Default Re: Oc during SOE

    It isn't illegal. It just requires a LTCF to do so.

    https://www.legis.state.pa.us/cfdocs...tn=7&subsctn=0

    6107. Prohibited conduct during emergency.

    (a) General rule.--No person shall carry a firearm upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:

    (1) Actively engaged in a defense of that person's life or property from peril or threat.

    (2) Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).

    (b) Seizure, taking and confiscation.--Except as otherwise provided under subsection (a) and notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any other provision of law to the contrary, no firearm, accessory or ammunition may be seized, taken or confiscated during an emergency unless the seizure, taking or confiscation would be authorized absent the emergency.

    (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

    "Accessory." Any scope, sight, bipod, sling, light, magazine, clip or other related item that is attached to or necessary for the operation of a firearm.

    "Firearm." The term includes any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any weapon.
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  3. #3
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    Default Re: Oc during SOE

    Are we still in a SOE? Also, where/ how can I find out for myself next time? I can never find an answer for this question..
    I need a better signature than this...

  4. #4
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    Default Re: Oc during SOE

    Quote Originally Posted by Clyde1993 View Post
    Are we still in a SOE? Also, where/ how can I find out for myself next time? I can never find an answer for this question..
    You could check the state's website for any current emergency declarations (they are always posted there). You can pretty much assume that as long as Wolf is in office, he will continue to renew the "opioid crisis". That originally began in January of 2018.

    "Traditional" SOEs, like for extreme weather events, etc. last a maximum of 90 days (by law), unless canceled. Rarely are those types of scenarios renewed, though it is possible.

    Checking in here is probably the most efficient way to check, as the community as a whole is keenly aware, because of the potential legal implications.
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  5. #5
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    Default Re: Oc during SOE

    Still under.. Last was Sept 5th. ...so 90 days from that. Unless he renews it again.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J.

    Don't end up in my signature!

  6. #6
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    Default Re: Oc during SOE

    i'm no legal eagle, but myself and several others i've talked to (who as as far as I know are also not lawyers, but in general can think), think that 6107(b) allows OC w/o LTCF during a SoM, by simple fact that it prevents enforcement of 6107(a).

    beyond that, the current SoM is udder and total bullshit. yinz gotta get rid of your idiots before you become fewer toothed New Jerseyans.
    Member: NJ "undocumented" Felons Club. NRA Life Member

  7. #7
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    Default Re: Oc during SOE

    Quote Originally Posted by sota View Post
    i'm no legal eagle, but myself and several others i've talked to (who as as far as I know are also not lawyers, but in general can think), think that 6107(b) allows OC w/o LTCF during a SoM, by simple fact that it prevents enforcement of 6107(a).

    beyond that, the current SoM is udder and total bullshit. yinz gotta get rid of your idiots before you become fewer toothed New Jerseyans.
    I like the way you're thinking. I think the other side would argue: The gun was taken because "It was carried without a license in a way/manner that required a license". Taking for that reason would be authorized outside of SOE declarations as well, so it would pass legal muster.
    Attention NRA Life and voting members - LPRGCFRANK running for NRA board of directors

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