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May 7th, 2024, 08:16 AM #11
Re: Man Charged for Carrying on His Own Property
At least he wasn't caught sleeping on a refrigerator. That could of cost him dearly.
FJB
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May 7th, 2024, 09:10 AM #12
Re: Man Charged for Carrying on His Own Property
The property owner in the OP was charged with: [quote]
18 PA CSA§ 6106. Firearms not to be carried without a license.
(a) Offense defined.--
(2) A person who is otherwise eligible to possess a valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.
Presumably he (OP encounter) either used a vehicle or had the firearm concealed in the course of the encounter.
In your scenario, if they walk and open-carry to the site then they would not be subject to same potential §6106 charges.IANAL
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May 7th, 2024, 01:00 PM #13
Re: Man Charged for Carrying on His Own Property
[QUOTE=tl_3237;4902357]The property owner in the OP was charged with:
https://ujsportal.pacourts.us/Report...iTvkvqGw%3D%3D
Presumably he (OP encounter) either used a vehicle or had the firearm concealed in the course of the encounter.
In your scenario, if they walk and open-carry to the site then they would not be subject to same potential §6106 charges.
What did he actually do? Not what was he charged with.Accuse your enemy of what you are doing as you are doing it to create confusion -Karl Marx
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May 7th, 2024, 01:21 PM #14
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May 7th, 2024, 01:27 PM #15
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May 7th, 2024, 01:38 PM #16
Re: Man Charged for Carrying on His Own Property
Only one person knows for sure - the defendant.
But we do have some information that would certainly lend reasonable credence to the conclusion that what he did do was carrying concealed firearms w/o an LTCF.
I say this based on the available court documents, previously cited, that the defendant was arrested by the PSP and that arrest resulted in the Schuylkill County District Attorney's Office issuing a criminal complaint of 2 counts of violation of 18 PA CSA §6106 §§A2. The intrinsic criminal element of that charge is "carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person ... without a valid and lawfully issued license". By filing the charges the DA attested that he had reasonable cause to conclude said proscribed actions had occurred.
Further buttressed by a local report:
A Pottsville police officer was first on the scene, according to court papers filed Friday with District Magistrate David Plachko. That officer, Cpl. Jonathan Randolph, saw Powanda laying on the street and two others standing nearby, identified as Yakaitis and Georgine Yakaitis.
Randolph asked who was the shooter and Vincent Yakaitis reportedly told him that he shot Powanda. The officer collected the gun used in the incident, a Beretta 92FS 9mm handgun, that was in Yakaitis* pants pocket when he turned it over to police.
Another gun, a Smith & Wesson M&P Shield .45 handgun, was also seized from Yakaitis that was in his coat pocket. Police also got an extra magazine of ammo from him.
Yakaitis reportedly admitted to a State Police investigator that he hadn*t had a concealed carry gun permit for more than 10 years.
That*s why police are charging him with two counts of misdemeanor gun possession. He was released Friday on $10,000 unsecured bail. A Preliminary Hearing is scheduled for April 30, at 9:30 a.m., before Plachko.Last edited by tl_3237; May 7th, 2024 at 03:12 PM.
IANAL
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May 7th, 2024, 03:26 PM #17
Re: Man Charged for Carrying on His Own Property
Just for s**ts and giggles asked MS Edge Copilot -"Pennsylvania man Yakaitis shoots trespasser get arrested".
The AI Response:
In a recent incident in Port Carbon, Pennsylvania, an elderly man named Vincent Yakaitis was arrested after shooting a trespasser on his property. The trespasser, identified as Dennis Powanda, was charged with burglary and criminal trespass among other offenses. The controversy arises from the fact that Yakaitis, who is in his mid-70s, used a firearm without a license in what appears to be an act of self-defense. Pennsylvania law does provide exceptions for carrying a firearm without a license in one's abode or fixed place of business, but since Yakaitis did not reside at the property, which had no tenants at the time, he was charged on a technicality. If convicted, Yakaitis could face up to five years in prison and a $25,000 fine. This case has sparked discussions on criminal justice reform, gun rights, and the implications of technicalities in the legal system.IANAL
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May 7th, 2024, 04:50 PM #18Grand Member
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Re: Man Charged for Carrying on His Own Property
In a recent incident in Port Carbon, Pennsylvania, an elderly man named Vincent Yakaitis was arrested after shooting a trespasser on his property. The trespasser, identified as Dennis Powanda, was charged with burglary and criminal trespass among other offenses. The controversy arises from the fact that Yakaitis, who is in his mid-70s, used a firearm without a license in what appears to be an act of self-defense. Pennsylvania law does provide exceptions for carrying a firearm without a license in one's abode or fixed place of business, but since Yakaitis did not reside at the property, which had no tenants at the time, he was charged on a technicality. If convicted, Yakaitis could face up to five years in prison and a $25,000 fine. This case has sparked discussions on criminal justice reform, gun rights, and the implications of technicalities in the legal system.
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May 7th, 2024, 06:53 PM #19
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May 7th, 2024, 11:05 PM #20
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