OC legal in PA, but not in Philly.. explain

[topsykretts]

If State law says OC is legal in PA, and someone is arrested for OCing in Philadelphia (doesn't have LTCF but is OCing as per PA law), wouldn't the arrest be unlawful? Is there some provision in PA state law that gives Philadelphia the ability to disregard that law? If so, which law provides that exception?

[titanxdm]

I believe in a city of first class (Philly), you need a LTCF openly. I am sure others will be along to clarify.

[egent]

The way the law is writen it does not say OC is ligal in PA, how there is also no law that says it is illegal. The law does state that OC in a city of the first class (Philadelphia) reqires a LTCF.

18 Pa.C.S. § 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 of this title (relating to firearms not to be carried without a license).

[topsykretts]

I believe in a city of first class (Philly), you need a LTCF openly. I am sure others will be along to clarify.

I understand that, however my question is how is it legal for Philadelphia to ignore PA law and restrict OCing by requiring a LTCF. If they're not ignoring the law and there is some provision that allows Philadelphia to write its own laws that override PA law, what provision is that?

[silent183]

read over egent's post as he covered it

[Wild Bill Klinton]

I understand that, however my question is how is it legal for Philadelphia to ignore PA law and restrict OCing by requiring a LTCF. If they're not ignoring the law and there is some provision that allows Philadelphia to write its own laws that override PA law, what provision is that?

They Vote democrate!!!

[titanxdm]

As posted above, it is state law that requires the LCTF in a city of first class. In this case, though, Philly is the only city in the state meeting the criteria of city of first class.

Therefore, the state has written the law, not Philly.

[topsykretts]

As posted above, it is state law that requires the LCTF in a city of first class. In this case, though, Philly is the only city in the state meeting the criteria of city of first class.

Therefore, the state has written the law, not Philly.

I see, that clears it up. Is there any active campaign to have that law changed?

[ViperGTS19801]

That law is not set by Philadelphia. The Philly government has no say in that law as it is set by the State. A LTCF would be required to openly carry a firearm in Pittsburgh as well, if it had about 500,000 more people living in it. It has nothing to do with the individual city writing their own laws.

[sdsorrentino]

A city of the first class is 1 million people. only Philly qualifies. Pittsburgh isn't even close.

I don't think that there is any particular movement to repeal this law, but I think that if Corbett gets in as Gov and the PA Statehouse goes republican in 2010, you could try to make it happen. until then you are wasting your time. We're having trouble getting the Castle bill through.