Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Aug 2009
    Location
    Northampton
    (Northampton County)
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    Default Gary Birks LGS, Senator Pat Brown , Lesley Darrin (?), Clarification please

    While attending a general meeting at a local gun club tonight, this email was read aloud from a club liason regaurding the Lehigh and Northampton chapters of the Federation of Sportsmen. It states verbatum:

    Birks, Gary
    __________________________________________________ _________-
    From : Darin, Lesley
    Sent: Friday June 11, 2010, 11:23 am
    TO: Birks, Gary
    Subject: RE: Guns

    Gary this is the information I received from the state police

    Lesley

    __________________________________________________ ______________
    From: Birks, Gary
    Sent:Wedneaday, May 26, 2010 10:21 AM
    To: Darrin, Lesley
    Subject: Guns

    Lesley,
    the federation of sportsmen, Lehigh and Northampton chapters have some question concerning Carry Permitts for firearms.
    1. Where are citizens not allowed to carry? i.e schools, court houses, airports?_ citizens cannot carry in places that expressly forbid it, such as schools, courthouses, airports ect.

    2. Can individual organization, clubs, establishments like bars, ban the carrying of firearms even if a person has a permit? - Yes establishments can ban the carrying of firearms, since the establishments are private property the owner has the right to set those restrictions. i.e. there are no weapons allowed on the senate and house floors ,,, not because of state law but beacuse the owner of the building does not permit it.

    3. Can law enforcement officers carry them in places where they are banned for citizens, i.e court houses or bars? - law enforcement officers have an exception to the firearm rules.

    Thanks


    Gary l Birks
    Local government Specialist
    Senator Pat Browne
    PA 16th Senatorial District
    801 Hamilton street
    Allentown pa, 18101
    Phone: ***-***-****
    Fax ***-*******
    Gbirks @*****.gov

    __________________________________________________ _______________

    This is where the email ends.

    The way this email was read, and explained was, say walmart banned the carrying of firearms. You can be arrested for carrying a firearm there, and any where else that is private property and has banned firearms. Including anyones home who has the same ban in effect. There needs to be no posting of the firearm ban any where on the premises.
    That it is the citizens responcibility to know where these private firearms ban are in effect before you go there.
    When i asked what the person might be charged with, i.e. what law would they be breaking? I could not get a straight answer, and then the whole " i heard the sherrif say this, and My uncles a cop and he said yep, and so on.


    So not being the type of person that wanted to make a scene I asked for a copy of the email to try and make sence of it.

    Most of this does not make any sence to me, so I will be emailing lesley darrin, pat browne, and gary birks for some clarification.
    I omitted the tel number and email addresses, but anyone who knows how to read a book can get them for themselvs if wanted.

    I am looking for some solid input in this thread,what would you want clarified from the email above other than, pa has no carry permits, we habe LTCFs
    Thanks to all who can point me in the right direction.
    Roland

  2. #2
    Join Date
    Mar 2009
    Location
    ?, Pennsylvania
    (Berks County)
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    Default Re: Gary Birks LGS, Senator Pat Brown , Lesley Darrin (?), Clarification please

    Check this thread out:

    http://forum.pafoa.org/concealed-ope...nsylvania.html

    Primary and secondary schools are off limits due to §912
    Court facilities are off limits due to §913
    Secure areas of airports are off limits. Don't know the citation.

    Private property has the right to set conditions of entry, including no firearms. If you were to be cited, it would be for trespassing.

    Some laws have exceptions for LEOs. §912 does not contain any specific exception for law enforcement, just the "other lawful purpose" defense. So I believe technically a police officer could be arrested for carrying a weapon on school property, and he would have to prove he carried it for "other lawful purpose."

    §912(c)
    (c) Defense.—It shall be a defense that the weapon is possessed and used in conjunction with a
    lawful supervised school activity or course or is possessed for other lawful purpose.
    I'm not a lawyer

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