Pennsylvania Firearm Owners Association
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  1. #141
    Join Date
    Oct 2010
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    York, Pennsylvania
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    Default Re: Open carry and what you should know before you do it

    There's some dead links.

    Any chance they can be repaired?

  2. #142
    Join Date
    Jul 2015
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    Brockton, Pennsylvania
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    Default Re: Open carry and what you should know before you do it

    very good thread, informative.philly should not need a ptcf due to pre emption. only the state makes laws. not cities.

  3. #143
    Join Date
    Dec 2007
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    Northampton County, Pennsylvania
    (Northampton County)
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    Default Re: Open carry and what you should know before you do it

    Quote Originally Posted by rich357 View Post
    very good thread, informative.philly should not need a ptcf due to pre emption. only the state makes laws. not cities.
    It's a state law that applies to Philly.
    http://forum.pafoa.org/image.php?type=sigpic&userid=5230&dateline=1441069  448

  4. #144
    Join Date
    Jul 2013
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    Allentown, Pennsylvania
    (Lehigh County)
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    Default Re: Open carry and what you should know before you do it

    Quote Originally Posted by ungawa View Post
    It's a state law that applies to Philly.
    Don't you mean it's a state law that applies to Cities of First Class; and Philly is currently the only such city ?
    --ET

  5. #145
    Join Date
    Dec 2008
    Location
    Windsor Twsp., Pennsylvania
    (York County)
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    Default Re: Open carry and what you should know before you do it

    Quote Originally Posted by ett View Post
    Don't you mean it's a state law that applies to Cities of First Class; and Philly is currently the only such city ?

    The way I see it you're both correct, you are simply being more specific.

    We can go deeper...
    While many claim to support the right, precious few support the practice.

  6. #146
    Join Date
    Dec 2007
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    Northampton County, Pennsylvania
    (Northampton County)
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    Default Re: Open carry and what you should know before you do it

    Well exCUUUUUUSSSSE, me!
    http://forum.pafoa.org/image.php?type=sigpic&userid=5230&dateline=1441069  448

  7. #147
    Join Date
    Jul 2007
    Location
    ..............., Pennsylvania
    (Chester County)
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    Default Re: Open carry and what you should know before you do it

    Quote Originally Posted by ungawa View Post
    It's a state law that applies to Philly.
    Quote Originally Posted by ett View Post
    Don't you mean it's a state law that applies to Cities of First Class; and Philly is currently the only such city ?
    Although both of the above are pragmatically correct, one might look to the statue to see some potential conflict:

    18 Pa CS 6108. Carrying firearms on public streets or public property in Philadelphia.

    No person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless:

    (1) such person is licensed to carry a firearm; or


    (2) such person is exempt from licensing under section 6106(b) of this title (relating to firearms not to be carried without a license).
    Obviously the Legislature considered the two terms as synonyms since, at least for the foreseeable future, only Philly has the requisite population to qualify. Nonetheless one of the canons of statutory construction gives emphasis to 'city of the first class' to the detriment of 'Philadelphia':

    1 Pa CS 1924. Construction of titles, preambles, provisos, exceptions and headings.

    The title and preamble of a statute may be considered in the construction thereof. Provisos shall be construed to limit rather than to extend the operation of the clauses to which they refer. Exceptions expressed in a statute shall be construed to exclude all others. The headings prefixed to titles, parts, articles, chapters, sections and other divisions of a statute shall not be considered to control but may be used to aid in the construction thereof.
    Last edited by tl_3237; September 24th, 2015 at 03:24 PM. Reason: added titles
    IANAL

  8. #148
    Join Date
    May 2011
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    I live in a van down by the river, Pennsylvania
    (Berks County)
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    Default Re: Open carry and what you should know before you do it

    ^^^^^thats exactly what I was going to say.
    Those that live on the sacrifices of others are rarely prepared to make their own.

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