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April 5th, 2020, 08:59 AM #31Grand Member
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Re: Per Kim Stolfer - firearms you can have off property now
§ 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.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)
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April 5th, 2020, 09:30 AM #32
Re: Per Kim Stolfer - firearms you can have off property now
I'm not seeing the conflict. 6107 contains its own definition of "firearm". The 6102 definition applies any time another statute doesn't contain a specific definition of its own, so it applies to *some* of 6106.
Kim's opinion seems to suggest that the 6102 definition applies universally, and thus creates the "trap" he's suggesting. In my opinion, it does not supersede the specific definitions included in 6107(c) or 6106(e), and thus doesn't create the situation that's being suggested.
*IANALLast edited by gnbrotz; April 5th, 2020 at 09:33 AM.
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April 5th, 2020, 09:50 AM #33Grand Member
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Re: Per Kim Stolfer - firearms you can have off property now
Kim can cram it. A: I think he is wrong. B: I will take my chances. Thanks but no thanks Kim.
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April 5th, 2020, 10:09 AM #34
Re: Per Kim Stolfer - firearms you can have off property now
so none of these then: https://youtu.be/-pgki6PoRj8 https://www.facebook.com/10741421959...51433425626187
Last edited by schmol; April 5th, 2020 at 10:37 AM.
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April 5th, 2020, 11:30 AM #35
Re: Per Kim Stolfer - firearms you can have off property now
RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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April 5th, 2020, 11:32 AM #36
Re: Per Kim Stolfer - firearms you can have off property now
RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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April 5th, 2020, 12:04 PM #37
Re: Per Kim Stolfer - firearms you can have off property now
I keep thinking that "state of emergency" needs re-defining. Or at least better understanding of how ALL emergencies are better accommodated by the removal of presence of guns of whatever ridiculous sub-labeling.
Right now, a communicable disease is running its course, responded to by declaration of SofE. How the hell does absence or presence of firearms affect the disease model or the reaction to the disease by human behavior?There are two kinds of guns. Those I have acquired, and those I hope to.
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April 5th, 2020, 04:57 PM #38
Re: Per Kim Stolfer - firearms you can have off property now
This whole thing is a genuine mess.
Even the communist state of Maryland allows free transport of long arms without having to meet an exemption. The simple fact that this is a four page discussion and we have to rely on a trained firearms lawyer to interpret this is ridiculous. How can we expect just treatment on the side of a highway by a LEO if it takes this much discussion to understand.
My #1 priority going forward, other than fighting any further laws, is to get this one repealed.Last edited by jesemd; April 5th, 2020 at 05:00 PM.
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April 5th, 2020, 05:05 PM #39
Re: Per Kim Stolfer - firearms you can have off property now
We’ve been under an SOE for more then 2 years.
At this point I would argue that the law is unenforceable due to lack of use. Which a judge might care about. Or might not. I would also argue that since we’ve been under a continuous SOE for more then 2 years, it is now just standard life and also not enforceable."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
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April 5th, 2020, 08:33 PM #40Grand Member
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