PA disaster proclamation

[steelerfan]

Here we go folks, another disaster proclamation that affects your Right to Keep and Bear Arms. You must have a LTCF or be actively engaged in defense of your person to carry a firearm in public until March 2nd. This primarily affects people who open carry without a LTCF. -A

http://www.portal.state.pa.us/portal...urs_waiver_pdf

[GeneCC]

Here we go folks, another disaster proclamation that affects your Right to Keep and Bear Arms. You must have a LTCF or be actively engaged in defense of your person to carry a firearm in public until March 2nd. This primarily affects people who open carry without a LTCF. -A

http://www.portal.state.pa.us/portal...urs_waiver_pdf

Interesting...

His intention was to "Direct the Pennsylvania Department of Transportation to wave any Laws and Regulations in a manner and to the extent needed to permit the motor carrier operations necessary to provide those supplies that are essential to the public welfare of the Commonwealth. This Proclaimation does not direct or authorize the waiver of any provisions of Title 18 of the Pennsylvania Consolidated Statutes".



Section 6107

"Prohibited conduct during emergency.
(a) General rule.--No person shall carry a firearm upon the
public streets or upon any public property during an emergency
proclaimed by a State or municipal governmental executive unless
that person is:
(1) Actively engaged in a defense of that person's life
or property from peril or threat.
(2) Licensed to carry firearms under section 6109
(relating to licenses) or is exempt from licensing under
section 6106(b) (relating to firearms not to be carried
without a license).
(b) Seizure, taking and confiscation.--Except as otherwise
provided under subsection (a) and notwithstanding the provisions
of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any
other provision of law to the contrary, no firearm, accessory or
ammunition may be seized, taken or confiscated during an
emergency unless the seizure, taking or confiscation would be
authorized absent the emergency."


Given the REASON for this Emergency one wonders if the need to grant a waiver to get Municipalities Salt and other traction aids justifies banning people from carrying firearms?

We better pony for a Legal defense fund..... 'cause I smell Bullshit if someone is pinched for this "emergency".

It's not like we have wiped out communities, an Insurrection, Plague or some other "emergency".

[robert slabaugh]

Interesting...

His intention was to "Direct the Pennsylvania Department of Transportation to wave any Laws and Regulations in a manner and to the extent needed to permit the motor carrier operations necessary to provide those supplies that are essential to the public welfare of the Commonwealth. This Proclaimation does not direct or authorize the waiver of any provisions of Title 18 of the Pennsylvania Consolidated Statutes".



Section 6107

"Prohibited conduct during emergency.
(a) General rule.--No person shall carry a firearm upon the
public streets or upon any public property during an emergency
proclaimed by a State or municipal governmental executive unless
that person is:
(1) Actively engaged in a defense of that person's life
or property from peril or threat.
(2) Licensed to carry firearms under section 6109
(relating to licenses) or is exempt from licensing under
section 6106(b) (relating to firearms not to be carried
without a license).
(b) Seizure, taking and confiscation.--Except as otherwise
provided under subsection (a) and notwithstanding the provisions
of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any
other provision of law to the contrary, no firearm, accessory or
ammunition may be seized, taken or confiscated during an
emergency unless the seizure, taking or confiscation would be
authorized absent the emergency."


Given the REASON for this Emergency one wonders if the need to grant a waiver to get Municipalities Salt and other traction aids justifies banning people from carrying firearms?

We better pony for a Legal defense fund..... 'cause I smell Bullshit if someone is pinched for this "emergency".

It's not like we have wiped out communities, an Insurrection, Plague or some other "emergency".

Has anyone ever been arrested for violating this? Is there case law?

[Remington788]

Does anyone know how to contact ICEN to let him know?

[twency]

Interesting...

His intention was to "Direct the Pennsylvania Department of Transportation to wave any Laws and Regulations in a manner and to the extent needed to permit the motor carrier operations necessary to provide those supplies that are essential to the public welfare of the Commonwealth. This Proclaimation does not direct or authorize the waiver of any provisions of Title 18 of the Pennsylvania Consolidated Statutes".



Section 6107

"Prohibited conduct during emergency.
(a) General rule.--No person shall carry a firearm upon the
public streets or upon any public property during an emergency
proclaimed by a State or municipal governmental executive unless
that person is:
(1) Actively engaged in a defense of that person's life
or property from peril or threat.
(2) Licensed to carry firearms under section 6109
(relating to licenses) or is exempt from licensing under
section 6106(b) (relating to firearms not to be carried
without a license).
(b) Seizure, taking and confiscation.--Except as otherwise
provided under subsection (a) and notwithstanding the provisions
of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any
other provision of law to the contrary, no firearm, accessory or
ammunition may be seized, taken or confiscated during an
emergency unless the seizure, taking or confiscation would be
authorized absent the emergency."


Given the REASON for this Emergency one wonders if the need to grant a waiver to get Municipalities Salt and other traction aids justifies banning people from carrying firearms?

We better pony for a Legal defense fund..... 'cause I smell Bullshit if someone is pinched for this "emergency".

It's not like we have wiped out communities, an Insurrection, Plague or some other "emergency".

Does it justify it? No.

Does that invalidate Section 6107? No.

[Curmudgeon]

Does anyone know how to contact ICEN to let him know?

Send him a PM?

Incidentally, I signed up for an email alert to notify me of any future declarations, and I have yet to receive anything on this one.

[TaePo]

Unfortunately, it has become common to attempt to declare emergencies in order to open up the floodgates of aid from the Feds and other quarters. One is practically forced to do so in dire emergencies but if one needs a little temporary help or relief, the same thing is declared.

We need to repeal the gun part of the law or at the very least, list exceptions. In my belief it should be repealed altogether but if the dire levels of emergency are the only non exceptions then it would make a little more sense.

[twency]

Section 6107 should be repealed. The PA constitution explicitly guarantees a right to bear arms in defense of self and state. At what time would a need for such defense likely be greater than during state of emergency?

If anything a declaration of a state of emergency should suspend the requirement to hold a license in order to carry concealed, carry in a vehicle, and carry in Philadelphia. (Obviously constitutional carry would be even better, but I'm thinking specifically of what would be appropriate language for a "during a state of emergency" statute assuming other statutes remained unchanged.)

[Remington788]

Send him a PM?

Incidentally, I signed up for an email alert to notify me of any future declarations, and I have yet to receive anything on this one.

I can't PM him while his ban is in effect. I worry that he might be busy driving around UTown in an SUV playing gunshot sounds from his speakers.

Now that you mention it I signed up for those alerts too and have not gotten one.

[Snowdogs]

Interesting...

(a) General rule.--No person shall carry a firearm upon the
public streets or upon any public property during an emergency
proclaimed by a State or municipal governmental executive unless
that person is:
(1) Actively engaged in a defense of that person's life
or property from peril or threat.

So if I read this correctly you aren't allowed to carry a firearm unless you are defending your life. How can you know that you will need to have to defend your life ahead of time? If you are in need to defend your life can you ask the assailant to please wait while you run back home and retrieve your firearm so you can then shoot him to defend your life? Gotta love how laws are written in circles.