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May 17th, 2008, 02:31 PM #101
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May 20th, 2008, 12:13 PM #102
Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania
carrying may be an area i am now confused with since the incident in dickson city. i once had a coneal carry license and i hid it well. but now i hear i could have been carrying all the time as long as it was visible without the license? what is the actual reason to be a resident of PA and get a conceal carry permit if one can carry without the license??
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May 20th, 2008, 12:17 PM #103Grand Member
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May 20th, 2008, 08:37 PM #104Super Member
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Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania
U.S. Code : Title 18 : Section 922
<CLIP>
(2)(A) It shall be unlawful for any individual knowingly to
possess a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the individual
knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a
firearm -
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do
so by the State in which the school zone is located or a
political subdivision of the State, and the law of the State or
political subdivision requires that, before an individual obtains
such a license, the law enforcement authorities of the State or
political subdivision verify that the individual is qualified
under law to receive the license;
(iii) that is -
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is
on a motor vehicle;
(iv) by an individual for use in a program approved by a school
in the school zone;
(v) by an individual in accordance with a contract entered into
between a school in the school zone and the individual or an
employer of the individual;
(vi) by a law enforcement officer acting in his or her official
capacity; or
(vii) that is unloaded and is possessed by an individual while
traversing school premises for the purpose of gaining access to
public or private lands open to hunting, if the entry on school
premises is authorized by school authorities.
(3)(A) Except as provided in subparagraph (B), it shall be
unlawful for any person, knowingly or with reckless disregard for
the safety of another, to discharge or attempt to discharge a
firearm that has moved in or that otherwise affects interstate or
foreign commerce at a place that the person knows is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a firearm
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(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school
zone, by an individual who is participating in the program;
(iii) by an individual in accordance with a contract entered
into between a school in a school zone and the individual or an
employer of the individual; or
(iv) by a law enforcement officer acting in his or her official
capacity.
(4) Nothing in this subsection shall be construed as preempting
or preventing a State or local government from enacting a statute
establishing gun free school zones as provided in this subsection.
<clip>
full text can be found here
hope that helps.
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May 20th, 2008, 08:45 PM #105Grand Member
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Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania
note that if you have a PA LTCF, you are exempted (in PA at least) from the GFSZ act chevmeister posted.
(on a side note, the original version of this law was struck down by the supreme court as unconstitutional. the current version is exactly the same as the current version except that congress added some wording basically claiming that they have the power to enact the law under the commerce clause.
given that the supreme court shot the first version down as overstepping the limits of the commerce clause, i guess congress thought they could make this action be covered under the commerce clause simply by stating that it was. of course, according to that theory, congress could do absolutely anything they want to simply by introducing it with a clause saying that it effects interstate commerce.
the current version has never been to the supreme court.)
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May 21st, 2008, 12:10 PM #106
Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania
but if an individual has a misdemeanor on his record, can he/she still possess a permit to carry or does that vary from county to county?
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May 21st, 2008, 01:19 PM #107
Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania
It depends on the misdemeanor:
In General, if the maximum possible sentence is 12 months or more, then No. If less then 12 month, Yes.
If it was for a controlled substance (drugs) No.
If it was for any type of violent crime (Assault, DV, etc) No.
There are other stipulations as well, but those are the major ones. The best way to find out is to apply - the Sheriff has to tell you, in writing, why you were denied if you are. It only costs you the application fee.
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May 21st, 2008, 03:42 PM #108
Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania
““Liberty is the right to choose. Freedom is the result of the right choice.””
-Anonymous
Jeff
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May 21st, 2008, 05:24 PM #109Grand Member
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Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania
it was changed because SCOTUS found it to be uconstitutional...that congress had overstepped its authority under the commerce clause.
from http://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act
It was subsequently declared to be an unconstitutional exercise of Congressional authority under the Commerce Clause of the United States Constitution by the United States Supreme Court, and was therefore voided. This case, United States v. Lopez (1995), was the first time in over half a century that the Supreme Court limited Congressional authority to legislate under the Commerce Clause.
from http://www.gunowners.org/fs9611.htm
Isn't this the same as the law that was passed in 1990?
The new law is virtually word-for-word the same as the previous law. When the first disastrous "gun free zones" provision was passed in 1990, it was almost immediately challenged. The effective date was January 27, 1991. By the first months of 1992, the events triggering the Lopez case, which ultimately overturned the law in the Supreme Court, had transpired. Aggressive enforcement was held in abeyance while the constitutionality of this language wound its way through the courts.
Will this law pass constitutional muster?
Those who rely on the courts to save us from this vast expansion of federal gun laws by declaring the law unconstitutional are playing a very dangerous game. Federal courts have not generally been friends of the Second Amendment.
Furthermore, many analysts, including the REPUBLICAN leadership on the House Judiciary Committee, are predicting that the superficial changes made in the new act cure the constitutional defects that allowed the 1990 safe schools bill to be overturned by the courts in the Lopez decision.
Specifically, the new law requires that the gun "affects interstate and foreign commerce." This "affects commerce" language is so broad that, in one case, a farmer was held to have "affected commerce" by growing and wholly consuming his own crops, on the basis that commerce would be altered if every farmer did the same. Obviously, given this interpretation, there would be no human activity that did not "affect commerce," and the change would have absolutely no impact on the implementation of the unconstitutional 1990 law.
Does this superficial change alter the constitutionality of the unconstitutional 1990 version? Some members of the Second Amendment community believe it does not. Republicans on the House Judiciary Committee argue just as adamantly that it does.
The real answer is that no one knows. It is possible that a court will overturn this statute. BUT, if it does not, we will be stuck with one of the most repressive gun bans on the record books.
http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdfLast edited by LittleRedToyota; May 21st, 2008 at 05:29 PM.
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June 4th, 2008, 12:21 AM #110Junior Member
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