Mifflinburg PA: Man with gun at football game

[NineseveN]

Great.

I guess this addresses the no guns on school property issue.

Not really, the police can "charge" you with anything they want, and they often do pile them on. it's up to the DA first and then the courts second to decide if the charges are applicable. It's not so telling that the man was charged as he was, what will be telling is whether or not that charge is dropped by the DA or argued by the defense and dismissed by the judge. My guess is that like most DA's, this one isn't going to want to risk having precedent set that such a charge is not applicable to someone with a lawful right to carry the firearm in the first place (LTCF, OC etc...). This has been charged quite a few times in this state, but it's never been adjudicated to my knowledge.

[FFEMT128]

Link to initial charges...

http://ujsportal.pacourts.us/DocketS...=CR-0000093-08

[gnbrotz]

Every reserve, auxiliary, posse, police and sheriff organization runs differently. Looks like that auxilary isn't armed when on duty. Also sounds like this guy isn't really on duty 24/7 from what Cpl. Wade Danley stated. "(Mettler's gun) is something he had personally," Danley said. "It has nothing to do with us."

I wonder if he could possibly be charged with impersonating an officer too. I'll bet he's not part of the auxiliary much longer.

Dave, assuming he were 'on duty' while there, can you point me to the relevant statute that "excuses" him from the provisions of §912(b)?

[DaveM55]

Dave, assuming he were 'on duty' while there, can you point me to the relevant statute that "excuses" him from the provisions of §912(b)?

Come on Greg you know the code as well if not better than I do.

What are you asking me?

[gnbrotz]

Come on Greg you know the code as well if not better than I do.

What are you asking me?

I'm asking if other than §912(c), is there any statutory language (anywhere) that would exempt them (LEOs) from the prohibition of weapons on school grounds?

[jahwarrior72]

well, if this guy is LEO, and he can be charged with a crime, then would that mean that PA's zero tolerance policy would extend to all LEO? of that's so, then i'm glad that the law affects them, as well as us.

[HiredGoon]

well, if this guy is LEO, and he can be charged with a crime, then would that mean that PA's zero tolerance policy would extend to all LEO? of that's so, then i'm glad that the law affects them, as well as us.

I think the problem with that is...this guy was an auxiliary cop, without arrest powers according to the story:

"Cpl. Wade Danley, of the Watsontown police, said the department's auxiliary police officers act almost like fire police, helping with parades and other functions, but have no arrest powers."(Mettler's gun) is something he had personally," Danley said. "It has nothing to do with us."

So he isn't really a LEO in the true sense of the term.

[gnbrotz]

I think the problem with that is...this guy was an auxiliary cop, without arrest powers according to the story:

"Cpl. Wade Danley, of the Watsontown police, said the department's auxiliary police officers act almost like fire police, helping with parades and other functions, but have no arrest powers."(Mettler's gun) is something he had personally," Danley said. "It has nothing to do with us."

So he isn't really a LEO in the true sense of the term.

Sheriff's deputies do not have arrest powers. In your opinion, are they not "LEOs in the true sense of the term"?

[Swarner793]

Preliminary Hearing is 11/25/2008 at 11:00.

Funny, no trespass issues, just the weapon charge.

Be safe.

Scott

[HiredGoon]

Sheriff's deputies do not have arrest powers. In your opinion, are they not "LEOs in the true sense of the term"?

Probably not the best choice of words on my part.

I wasn't just referring to the arrest powers, but that he is an auxiliary cop who apparently is not authorized to carry a gun when performing his duties, according to his Cpl.
So he probably does not have the same training as regular (non-auxiliary) cops do.

And I thought PA Sheriff's deputies do have arrest powers...but most or all sheriff's departments do not utilize these powers???