Updated Directive 137 - one page, take this with you to Philly

[Curmudgeon]

sorry for being a noob. so in the City Of Philadelphia you can OC your firearm as stated in the directive? Case i always thought you couldn't OC in Philadelphia but once your outside Philadelphia you can OC? please inform me on this i did also print out the directive 17 so i can carry it on me

OC in Philadelphia is legal only if you have your PA LTCF, or a license/permit from a reciprocal state.

Outside of Philly, the LTCF or permit is not required.

18 Pa.C.S. § 6108: Carrying firearms on public streets or public property in Philadelphia
No person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless:
(1) such person is licensed to carry a firearm; or
(2) such person is exempt from licensing under section 6106 of this title (relating to firearms not to be carried without a license).

.

[truecrimson]

You could always OC anywhere in Pennsylvania. State law required an LTCF to carry in any form in a city of the first class (Philadelphia). The Philadelphia police (illegally) did not accept this and the Philadelphia court system (illegally) supported them. So far no one with standing has been able to pursue this beyond the Philadelphia level in the courts. PPD now may be changeing their position on this.

If you OC in Philadelphia you do so at some increased risk of police harrassment. I do it with astounding regularity. Plenty of others have done it as well. Some people have had negative encounters and some have not. You have to decide what level of risk of police interaction you are willing to accept, and if such interaction occurs whether you are willing to pursue it. There simply is no black and white yes or no on whether it's safe to OC in Philly. But it is most certainly legal.

[Curmudgeon]

You could always OC anywhere in Pennsylvania. State law required an LTCF to carry in any form in a city of the first class (Philadelphia). The Philadelphia police (illegally) did not accept this and the Philadelphia court system (illegally) supported them. So far no one with standing has been able to pursue this beyond the Philadelphia level in the courts. PPD now may be changeing their position on this.

If you OC in Philadelphia you do so at some increased risk of police harrassment. I do it with astounding regularity. Plenty of others have done it as well. Some people have had negative encounters and some have not. You have to decide what level of risk of police interaction you are willing to accept, and if such interaction occurs whether you are willing to pursue it. There simply is no black and white yes or no on whether it's safe to OC in Philly. But it is most certainly legal.

^ Quoted for truth.

[Noah_Zark]

Fortunately, living in west north-central PA I can usually avoid going anywhere near Philthadelphia for great lengths of time, averaging once every 15 years. But when I do, it's CC. As a small businessman, my time is money and I won't waste either trying to make a point with the PPD w.r.t. OC.

Noah

[tntblaster]

So in philly you can be stopped, disarmed, and temporarily detained for OC.... according to that directive. Sheesh, haven't been to that city in over 10 years, certainly won't be going now.

[mrjam2jab]

How do we go about getting 6108 repealed?

Especially considering it contradicts 6120...

[MDJschool]

How do we go about getting 6108 repealed?

Especially considering it contradicts 6120...

An argument that could be made that police and DAs in the city of the first class could not enforce and could not prosecute 6108 even though the state could pass 6108 is even a stretch for me, given the wording of 6120.

Instead, I think an argument can be fashioned together regarding the 2A and equal protection, or under a similar argument via the PA constitution's like provisions, mixing and matching the components as the court opinions dictate best.

Prior constitutions would have probably seen 6108 found as unconstitutional class legislation, which I surmised after reading some very old court cases. However, I believe there is some weak dicta saying that 6108 isn't unlawful class legislation today, but it appears the court didn't actually provide analysis to some to that conclusion. I think unequal protection or unlawful class regulation still should be a viable argument.

I'll try to find the cases I read.

In the meanwhile, how you go about getting 6108 repealed is drafting a bill to repeal 6108, and telling your, any, or many assemblymen that 6108 is disgusting and despicable, and violate of Pa. Const. 1, 21, 25, and 26 (among whatever other PA or Federal constitutional provisions you'd like to cite), and they should put forth your bill.

[Metz]

Wait... I just read it. WHF??? Detain a person? Seize and unload(!!!) a firearm? WTF! WTF! WTF!

Is that a "new" directive, that was sent out after Viper's unfortunate encounter with OC nazis or what is it?

[Curmudgeon]

Wait... I just read it. WHF??? Detain a person? Seize and unload(!!!) a firearm? WTF! WTF! WTF!

Is that a "new" directive, that was sent out after Viper's unfortunate encounter with OC nazis or what is it?

Correct. They seem to think it is an improvement.

[OldrNDyrt]

[QUOTE=Noah_Zark;1432546]Fortunately, living in west north-central PA I can usually avoid going anywhere near Philthadelphia for great lengths of time, averaging once every 15 years. But when I do, it's CC. As a small businessman, my time is money and I won't waste either trying to make a point with the PPD w.r.t. OC.

Noah[/QUOte

I'll make a deal with you, Noah. You don't call the place my family lives, Philthadelphia, and I won't call where you live Upstate Klansylvania.