READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania

[Joshua R.]

Thank You. That information really helped.

[anonymouse]

Thank You. That information really helped.

You might also want to check out these threads for great info:

http://forum.pafoa.org/general-2/496...-firearms.html

http://forum.pafoa.org/general-2/414...nsfers-pa.html

http://forum.pafoa.org/general-2/383...-firearms.html

http://forum.pafoa.org/concealed-ope...carry-you.html

They probably explain everything a lot better than I can

[ThorrsHammer]

Probably covered under private property restrictions, but the community where I live has this section among its regulations:



What made me scratch my head was, if an LTCF holder is allowed to carry (OC as well as CC), then the assn. is acknowledging the state law's superiority under the law. So wouldn't they also be required to allow anyone to OC on foot?

I'm probably off-base, but if they wanted to prohibit carry on community property (which includes the streets), they could, entirely, but this seems like selective enforcement and an unlawful requirement that OC requires a "permit".

[knight0334]

Probably covered under private property restrictions, but the community where I live has this section among its regulations:



What made me scratch my head was, if an LTCF holder is allowed to carry (OC as well as CC), then the assn. is acknowledging the state law's superiority under the law. So wouldn't they also be required to allow anyone to OC on foot?

I'm probably off-base, but if they wanted to prohibit carry on community property (which includes the streets), they could, entirely, but this seems like selective enforcement and an unlawful requirement that OC requires a "permit".

Is this a private community? If so, they can make any rule they want.

[headcase]

Probably covered under private property restrictions, but the community where I live has this section among its regulations:



What made me scratch my head was, if an LTCF holder is allowed to carry (OC as well as CC), then the assn. is acknowledging the state law's superiority under the law. So wouldn't they also be required to allow anyone to OC on foot?

I'm probably off-base, but if they wanted to prohibit carry on community property (which includes the streets), they could, entirely, but this seems like selective enforcement and an unlawful requirement that OC requires a "permit".

Like Knight said, it is private property and they can pretty much make any rule they want. They are not acknowledging anything, they are simply stating that the terms of use of property they own, that you agree to abide by when puchasing property in their association, restrict the carrying of weapons to law enforcement and LTCF holders. It is not selective enforcement, it is specific enforcement, and there is nothing unlawful about it.

[Statkowski]

and there is nothing unlawful about it.

Not yet, anyway. All the fallout from McDonald and the keeping-and-bearing-of-arms being a FUNDAMENTAL RIGHT, there's still room for plenty of lawsuits to be filed against people restricting such rights in Public Access areas.

For example, can a shopping center (public access and all that) prohibit a person from wearing a for-or-against abortion T-shirt while shopping? Holding a demonstration for-or-against abortion would well be in their realm to prohibit, but the fundamental right of individual freedom of speech/expression?

[andrewjs18]

what do they consider 'detention facilities' ?

#7-Detention facilities, correctional institutes, or mental hospitals

is a police station with a few holding cells considered a detention facility?

[GunLawyer001]

Not yet, anyway. All the fallout from McDonald and the keeping-and-bearing-of-arms being a FUNDAMENTAL RIGHT, there's still room for plenty of lawsuits to be filed against people restricting such rights in Public Access areas.

For example, can a shopping center (public access and all that) prohibit a person from wearing a for-or-against abortion T-shirt while shopping? Holding a demonstration for-or-against abortion would well be in their realm to prohibit, but the fundamental right of individual freedom of speech/expression?

Private parties literally can't violate the US Constitution, which defines the powers and limits of the Feds. With incorporation, it also limits the States. But it doesn't limit individuals or private companies or associations. So your boss is free to declare your workplace a gun-free zone, or require you to consent to warrantless police searches as a condition of employment. And your homeowner's association is free to infringe on your right to fly a flag or carry a gun in the common areas (and you're free to oppose them at the next association election).

As for shopping centers, the law is evolving, but they are still free to require shoes and shirts, and I'm not sure if they are Constitutionally or statutorily restricted from banning certain messages, as "quasi-public" entities or accommodations. Certainly, your boss could fire you for wearing the competitor's logo on your shirt.

[jloop10]

I have a question even after reading the section where u can and can not carry a firearm. I have my LTCF and live within a 100 feet of a school. Does having my LTCF exclude me from carrying it so close to the school?

[LittleRedToyota]

Does having my LTCF exclude me from carrying it so close to the school?

it excludes you from the federal prohibition against carrying within 1,000 feet of a school. (there is no PA prohibition against carrying close to a school.)

so, having an LTCF means that, in PA, you can carry close to a school.

hope that answers your question.