PA Constables in 2021(Training, Duties, and carrying outside PA)
Would like to ask some encompassing and summarizing questions for clarification sake? Thanks in advance.
1. For new Constables, is the training only offered once a year in Harrisburg?
2. For new Constables, does the new Constable have to pay for his own training, and what is the basic cost in the end?
3. Other than serving warrants and being present at election polls, does the Constable of 2021 have any other assigned duties?
3.a. I understand the ability or capabilities of the felony arrest or disturbance of the peace arrest, but they are all situations in which the Constable must inadvertently witness. Can or does the Constable ever get called to “a situation” or crime being committed?
4. Can the Constable legally conceal carry his/her firearm into all States, Cities, and Districts within the borders of the lower 48 States?
4.a. Are there any additional precedents, papers, or phone numbers the Constable can carry (or have ready) to avoid being arrested by a non-PA LEO, who might be unlearned or unknowing to the rights of a PA Constable?
4.a.a. Or, in an even worse scenario, how does the PA Constable avoid arrest against an arrogant and ignorant out of State LEO, who wants nothing more than to make a point or an arrest?
5. Can a Constable also possess a long gun in his vehicle?
6. Can a Constable form a corporation, in order to deduct all of the expenses associated with the position?
6.a. If yes, are there any items that cannot be owned by the corporation?
7. Is the Constable uniform standardized, or does the Constable have the flexibility to wear what they deem situationally appropriate?
8. Are there any examples of local LE welcoming the Constable, because what I have read thus far, I have seen none?
Re: PA Constables in 2021(Training, Duties, and carrying outside PA)
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Originally Posted by
TWD5099
Would like to ask some encompassing and summarizing questions for clarification sake? Thanks in advance.
I'm a current constable and I'll try and help
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1. For new Constables, is the training only offered once a year in Harrisburg?
That should only be for this year. This November is the year for most constable elections and there will be a large influx of new constables so basic training should be in all 4 training regions.
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2. For new Constables, does the new Constable have to pay for his own training, and what is the basic cost in the end?
Yes, new constables have to pay for basic training. If I remember right both basic and basic firearms should run approximately $2500
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3. Other than serving warrants and being present at election polls, does the Constable of 2021 have any other assigned duties?
The only actual 'assigned' duty is the polls. All other work is done for hire. You can do as much or as little work as you want, provided you can get an MDJ's office to issue you the work. It varies depending on what county you are in. In my area, I do civil service and landlord/tenant work (including evictions) and levies. Also, there is warrant service, courtroom security, prisoner transport, and some other things. And some do peacekeeping (which may or may not require Act 235 as well - there are different viewpoints).
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3.a. I understand the ability or capabilities of the felony arrest or disturbance of the peace arrest, but they are all situations in which the Constable must inadvertently witness. Can or does the Constable ever get called to *a situation* or crime being committed?
In my experience, unlikely, but it depends on your other local law enforcement agencies.
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4. Can the Constable legally conceal carry his/her firearm into all States, Cities, and Districts within the borders of the lower 48 States?
We should qualify for LEOSA, but there is no agency that will issue you the required ID. Some constables deal with this by making their own IDs. It also depends on the state you go to. NY you are fine because of their case law. NJ is a crap-shoot.
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4.a. Are there any additional precedents, papers, or phone numbers the Constable can carry (or have ready) to avoid being arrested by a non-PA LEO, who might be unlearned or unknowing to the rights of a PA Constable?
4.a.a. Or, in an even worse scenario, how does the PA Constable avoid arrest against an arrogant and ignorant out of State LEO, who wants nothing more than to make a point or an arrest?
Someone else is going to have to handle this as I don't work as a constable outside PA.
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5. Can a Constable also possess a long gun in his vehicle?
6. Can a Constable form a corporation, in order to deduct all of the expenses associated with the position?
6.a. If yes, are there any items that cannot be owned by the corporation?
I don't feel qualified to answer this, but I would suggest that you spend some time as a constable and see if you still feel these are needed and then consult a lawyer.
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7. Is the Constable uniform standardized, or does the Constable have the flexibility to wear what they deem situationally appropriate?
Depends on your county President Judge, but in most that I'm aware of there is no standard.
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8. Are there any examples of local LE welcoming the Constable, because what I have read thus far, I have seen none?
Again depends on the county and your interactions. I get along well with the police departments I deal with locally because I don't make headaches for them, but I approach other LEOs as if they may have had bad past interactions.
Re: PA Constables in 2021(Training, Duties, and carrying outside PA)
In terms of #3, "preserving the peace" at the polling place is the ONLY statutory duty. This office is an elected one, and requires no additional certification or training.
All of the other things you ask about apply to a "certified" constable. Even for those, court work is not guaranteed. A constable that is for some reason disliked by the county can effectively be shut out of serving warrants.
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§ 7152. Elections.
The constable of a borough, township or ward, or his deputy, shall do all of the following:
(1) Be present at the polling place in each election district of the borough, township or ward at each election during the continuance of each election and while the votes are being counted, for the purpose of preserving the peace.
(2) Serve at all elections.
Re: PA Constables in 2021(Training, Duties, and carrying outside PA)
I have been told that existing Constables can deputize an individual to assist them in execution of their duties. Any advice as to whether this is correct and as to how one might go about seeking to work with an existing Constable?
I have thought about running for Constable, but not having any experience in this area, I am reluctant to run against our existing Constable, who is clearly more qualified than me. Also, I am not comfortable with trying to "take" someone else's job through political bs, so I would rather apprentice with a Constable until they are ready (if ever) to call it quits.
Re: PA Constables in 2021(Training, Duties, and carrying outside PA)
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Originally Posted by
sbmania
I have been told that existing Constables can deputize an individual to assist them in execution of their duties. Any advice as to whether this is correct and as to how one might go about seeking to work with an existing Constable?
I have thought about running for Constable, but not having any experience in this area, I am reluctant to run against our existing Constable, who is clearly more qualified than me. Also, I am not comfortable with trying to "take" someone else's job through political bs, so I would rather apprentice with a Constable until they are ready (if ever) to call it quits.
That is correct, and other than identifying one and making your request, here is the applicable statute:
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§ 7122. Deputy constables.
(a) General rule.--Sole power to appoint deputy constables in a ward, borough or township is vested in the constable of the ward, borough or township, subject to approval of the court of common pleas under subsection (b). No person shall be appointed as a deputy constable unless, at the time of appointment, he is a bona fide resident of the ward, borough or township for which he is appointed and he continues to be a bona fide resident for the duration of the appointment.
(b) Court approval and qualifications.--
(1) Except as set forth in paragraph (2), no deputy shall be appointed, either by general or partial deputization, without approbation of the court of common pleas of the county, except for special appointments in a civil suit or proceeding, at the request and risk of the plaintiff or his agent. If a deputy no longer resides in, or ceases to be a qualified elector of, the ward in which he was appointed to serve, the court of common pleas may revoke the appointment of the deputy upon petition of five duly qualified electors of the ward and proof of facts requiring revocation.
(2) In the event of a deputy's death or inability or refusal to act, the constable of a township may, with approbation of the court of common pleas of the county where the deputy served, appoint another deputy who shall have full authority to act until the next regular session of court. The constable and his surety shall be liable for acts of the deputy as in other cases. The constable shall file a written copy of the deputization in the office of the clerk of courts of the county where the constable serves.
(c) Certain provisions relating to boroughs unaffected.--This section does not affect the provisions of section 14 of the act of June 28, 1923 (P.L.903, No.348), entitled "A supplement to an act, approved the fourteenth day of May, one thousand nine hundred and fifteen (Pamphlet Laws, three hundred and twelve), entitled 'An act providing a system for government of boroughs, and revising, amending, and consolidating the law relating to boroughs'; so as to provide a system of government where a borough now has annexed or hereafter shall annex land in an adjoining county, including assessment of property, levying and collection of taxes, making municipal improvements, and filing and collecting of liens for the same; the jurisdiction of courts for the enforcement of borough ordinances and State laws, and primary, general, municipal, and special elections; and repealing inconsistent laws."
References in Text. Section 14 of the act of June 28, 1923 (P.L.903, No.348), referred to in this section, was repealed by the act of October 9, 2009 (P.L.494, No.49). The subject matter is now contained in Chapter 71 of this title.
Re: PA Constables in 2021(Training, Duties, and carrying outside PA)
Outstanding reply, and I appreciate the time it took… thank you!
