Results 1 to 10 of 49
-
November 16th, 2009, 04:29 PM #1
Do court facilities have to check your OC'd firearm? Possible 18Pa.C.S.§913 anomaly
Staff note:
This was a side discussion from the below thread:
http://forum.pafoa.org/open-carry-14...-sheriffs.html (Spirited OC discussion with Westmoreland Co. Sheriffs)
This topic deserves it's own thread so I moved the relevant discussion here.
~Pa. Patriot
__________________________________________________ _________________________________
The firearm storage provisions within 18 Pa. Cons. Stat. § 913 are pretty oddly written:
(e) Facilities for checking firearms or other dangerous
weapons.--Each county shall make available at or within the
building containing a court facility by July 1, 2002, lockers or
similar facilities at no charge or cost for the temporary
checking of firearms by persons carrying firearms under section
6106(b) or 6109 or for the checking of other dangerous weapons
that are not otherwise prohibited by law. Any individual
checking a firearm, dangerous weapon or an item deemed to be a
dangerous weapon at a court facility must be issued a receipt.
Notice of the location of the facility shall be posted as
required under subsection (d).
Remember, 6106(b) is persons exempt from licensing and 6109 refers to the licensing procedure itself. So, I wonder, would a Sheriff be legally out of line if he refused to store a pistol from an OCer who won't provide a LTCF or LEO ID? I don't think that Sheriff would be legally wrong.Last edited by Pa. Patriot; November 18th, 2009 at 01:49 PM.
-
November 16th, 2009, 04:37 PM #2
-
November 16th, 2009, 04:41 PM #3Grand Member
- Join Date
- Apr 2006
- Location
-
Pittsburgh,
Pennsylvania
(Allegheny County) - Age
- 53
- Posts
- 7,320
- Rep Power
- 37698
-
November 16th, 2009, 04:42 PM #4
Re: Spirited OC discussion with Westmoreland Co. Sheriffs
Well, as far as I read the statues, maybe.... Both 6106(b), which is those who are exempt from licensing, and section 6109 are explicitly and exclusively mentioned within that statute.
To reiterate:
lockers or
similar facilities at no charge or cost for the temporary
checking of firearms by persons carrying firearms under section
6106(b) or 6109 or for the checking of other dangerous weapons
that are not otherwise prohibited by law.
-
November 16th, 2009, 04:44 PM #5
-
November 16th, 2009, 05:42 PM #6
Re: Spirited OC discussion with Westmoreland Co. Sheriffs
I doubt you will ever see this challenged. If they will not check my firearm because I am not carrying "under section 6106(b) or 6109", then they must do so because my firearm would most definitely fall under "other dangerous weapons that are not otherwise prohibited by law".
Get your "Guns Save Lives" stickers today! PM for more info.
-
November 16th, 2009, 05:46 PM #7
Re: Spirited OC discussion with Westmoreland Co. Sheriffs
Not sure about that, it reads, "persons carrying firearms under section
6106(b) or 6109 or for the checking of other dangerous weapons
that are not otherwise prohibited by law."
The argument would be, "other" does not include firearms. Firearms are covered when carried under 6106(b) or 6109.
"firearms under section 6106(b) or 6109 or for the checking of other dangerous weapons"
-
November 16th, 2009, 06:19 PM #8
Re: Spirited OC discussion with Westmoreland Co. Sheriffs
... lockers or similar facilities at no charge or cost for the temporary checking of firearms by persons carrying firearms under section 6106(b) or 6109 or for the checking of other dangerous weapons that are not otherwise prohibited by law.
a. firearms by persons carrying firearms under section 6106(b) or 6109
b. other dangerous weapons that are not otherwise prohibited by law
If an OCed firearm does not fall under the first category, then it definitely falls under the second. Since an OCed firearm is not carried under 6106(b) or 6109, then it's other.
-
November 16th, 2009, 06:23 PM #9
Re: Spirited OC discussion with Westmoreland Co. Sheriffs
Get your "Guns Save Lives" stickers today! PM for more info.
-
November 16th, 2009, 06:29 PM #10
Similar Threads
-
Will the Philadelphia Criminal Justice Center check a firearm for someone....
By BIA_Design in forum GeneralReplies: 8Last Post: October 31st, 2008, 02:38 PM -
Judge at District Court in Warminster, Bucks County says only cops can check weapons
By gbrown221 in forum GeneralReplies: 77Last Post: May 28th, 2008, 11:47 PM -
18PA.C.S6109(i) offense for sheriff on successful overturn of recovation
By pex in forum GeneralReplies: 6Last Post: May 18th, 2008, 03:05 AM -
Check weapons at Lack. family court?
By Damage control in forum GeneralReplies: 1Last Post: May 4th, 2008, 06:34 PM -
Facilities at Hanover Gun Range
By dmickey in forum GeneralReplies: 0Last Post: February 24th, 2007, 06:35 PM
Bookmarks