City Ignores PA gun laws

[twocan]

Looks like we need to be more careful on who we elect to office.

this article describes a CCS holder arrested for discharging a firearm in Lancaster to stop thugs who were beating his cousin.

http://articles.lancasteronline.com/local/4/235827

Once again, PC gone awrie.

Capt. Art

More info on USCCA forum

[jerkin]

http://forum.pafoa.org/news-123/4767...-targeted.html

[LittleRedToyota]

while i think it is blatantly obvious that any such city regulation should have a self-defense exception, it is not a violation of state law for cities to pass ordinances against discharge of firearms.

the preemption clause does not prohibit such ordinances. it only prohibits ordinances regulating the possession, transportation, etc. of firearms...but discharge is not on that list.

[GunLawyer001]

Anyone care to bet that it was not the defendant who called the police to report that he had to scare off some attackers?

Remember Massad Ayoob's theory that whoever calls the cops is [the good guy] accorded victim status? Maybe not.

What would he have to fear from calling the cops, the attackers ran away, he was defending his brother, what possible trouble could he get into? Just call the cops, get your story in there first....then get arrested for making noise.

[mpi]

it's whoever calls 911 first is accorded victim status, not "whoever calls the cops is the good guy".

[wa3ra]

My problem is a law that leaves a narrow exception AS A DEFENSE; in theory, no way to avoid a charge. The mere act of discharging the firearm, whether justifiable or not, means that you have violated the letter of the law, and leaves the DA no choice but to prosecute, since simple discharge is prima facie evidence that you HAVE committed a 'crime'.

It reeks of 'guilty until proven innocent'; if there must be a law it should allow for discharge under certain circumstances WITHOUT PROSECUTION. This is just a badly crafted law. ('Shall' and 'may' are very different terms, especially with regards to prosecution.)

[gnbrotz]

Please continue this discussion in the existing thread (linked in post #2).