Court House Questions...

[Jailkeeper]

Perhaps I missed something while hibernating in NC...

I was told today that Hollidaysburg Courthouse now has signs outside prohibiting firearms.

I was also told that they no longer offer lockers for firearms and that anyone bringing a firearm into the building will be arrested on the spot, even before passing through the screening station.

According to my source (who works in the courthouse) knives are being kept in lockers now, but as of March first they will also be prohibited.

Did I miss something? Were the laws changed? Is this something the new sheriff dreamed up?

[gnbrotz]

The law has absolutely not changed. They are required by law to provided storage for any item that is otherwise lawful to own, but prohibited within the court facility because of security concerns.

§913. Possession of Firearm or Other Dangerous Weapon in Court Facility.

(a) Offense defined.—A person commits an offense if he:

(1) knowingly possesses a firearm or other dangerous weapon in a court facility or knowingly causes a firearm or other dangerous weapon to be present in a court facility; or

(2) knowingly possesses a firearm or other dangerous weapon in a court facility with the intent that the firearm or other dangerous weapon be used in the commission of a crime or knowingly causes a firearm or other dangerous weapon to be present in a court facility with the intent that the firearm or other dangerous weapon be used in the commission of a crime.

(b) Grading.—

(1) Except as otherwise provided in paragraph (3), an offense under subsection (a)(1) is a misdemeanor of the third degree.

(2) An offense under subsection (a)(2) is a misdemeanor of the first degree.

(3) An offense under subsection (a)(1) is a summary offense if the person was carrying a firearm under section 6106(b) (relating to firearms not to be carried without a license) or 6109 (relating to licenses) and failed to check the firearm under subsection (e) prior to entering the court facility.

(c) Exceptions.—Subsection (a) shall not apply to:

(1) The lawful performance of official duties by an officer, agent or employee of the United States, the Commonwealth or a political subdivision who is authorized by law to engage in or supervise the prevention, detection, investigation or prosecution of any violation of law.

(2) The lawful performance of official duties by a court official.

(3) The carrying of rifles and shotguns by instructors and participants in a course of instruction provided by the Pennsylvania Game Commission under 34 Pa. C.S. §2704 (relating to eligibility for license).

(4) Associations of veteran soldiers and their auxiliaries or members of organized armed forces of the United States or the Commonwealth, including reserve components, when engaged in the performance of ceremonial duties with county approval.

(5) The carrying of a dangerous weapon or firearm unloaded and in a secure wrapper by an attorney who seeks to employ the dangerous weapon or firearm as an exhibit or as a demonstration and who possesses written authorization from the court to bring the dangerous weapon or firearm into the court facility. (Added by L.1995, Act 66(2), eff. 11/22/95.)

(d) Posting of notice.—Notice of the provisions of subsections (a) and (e) shall be posted conspicuously at each public entrance to each courthouse or other building containing a court facility and each court facility, and no person shall be convicted of an offense under subsection (a)(1) with respect to a court facility if the notice was not so posted at each public entrance to the courthouse or other building containing a court facility anti at the court facility unless the person had actual notice of the provisions of subsection (a).

(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). (Chgd. by L.1999, Act 59, eff 2/15/00.)

(f) Definitions.—As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

“Court facility.” The courtroom of a court of record; a courtroom of a community court; the courtroom of a district justice; a courtroom of the Philadelphia Municipal Court; a courtroom of the Pittsburgh Magistrates Court; a courtroom of the Traffic Court of Philadelphia; judge’s chambers; witness rooms; jury deliberation rooms; attorney conference rooms; prisoner holding cells; offices of court clerks, the district attorney, the sheriff and probation and parole officers; and any adjoining corridors.

“Dangerous weapon.” A bomb, grenade, blackjack, sandbag, metal knuckles, dagger, knife (the blade of which is exposed in an automatic way by switch, push-button, spring mechanism or otherwise) or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

“Firearm.” Any weapon, including a starter gun, which will or is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas. The term does not include any device designed or used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition.

(Added by L. 1995, Spec. Sess. 1, Act 17(1), eff 10/11/95.)

[Jailkeeper]

Thank you Sir!

I knew I would get a good answer from the forums. I just forwarded the information you provided.

[scoutjoe]

I need to get in there next week to re-new my LTCF... last time I was in the courthouse they gave me a real hard time about my P-38 can opener on my keychain.

So I could see how things could be trying to be "pushed"

[Jailkeeper]

During the discussion that started this thread I was told that the new sheriff is changing things.

Somehow I didn't think his office could supersede state law, but perhaps I was mistaken.

I have a pretty good grasp on the laws (thanks to spending 3 years on this site). Problem is if nobody contests a new dictator he ends up winning the battle.

Unbelievable.

[King 5.45]

I need to get in their next week to re-new my LTCF... last time I was in the courthouse they gave me a real hard time about my P-38 can opener on my keychain.

So I could see how things could be trying to be "pushed"

Maybe it wasn't so much the P-38 on your key-chain as it was the can of whoop-ass defiantly jammed into your back pocket, I think?



Seriously, that's way outside the lines. Even MontCo isn't that bad.

[whoshisface]

Happy? I'm writing the sheriff now.

You guys know you can do this yourselves, right?

Helen P. Schmitt
Blair County Courthouse
423 Allegheny Street, Suite 142
Hollidaysburg, PA 16648

Helen P. Schmitt,

I'm requesting any information pertaining to new restrictions, if they exist, pertaining to the carrying and storage as allowed per §913 (see below) that would prohibit one from bringing and storing a firearm in the Hollidaysburg Courthouse. Specifically any order that mandated or authorized the alleged posting of no firearms outside the courthouse facility. Attached is an electronic version of PA Right to know form in both word and pdf format. Thank you for your prompt attention to this matter. I request that you kindly acknowledge and respond to this email so as to prevent me from having to call you as I'm sure you're day is busy enough without having to verify the receipt of this request via phone. Please let me know at that time if you require any other information from me or if there is an error in my process, in order to make this easier for you to comply with the right-to-know law and for me to obtain copies of the documentation I seek. Feel free to call me if you wish. Your time is very much appreciated.

Thank you,

Ted John Noga
xxxxxxxxx
Pottstown, PA 19464
xxx-xxx-xxxx







§913. Possession of Firearm or Other Dangerous Weapon in Court Facility.

(a) Offense defined.—A person commits an offense if he:

(1) knowingly possesses a firearm or other dangerous weapon in a court facility or knowingly causes a firearm or other dangerous weapon to be present in a court facility; or

(2) knowingly possesses a firearm or other dangerous weapon in a court facility with the intent that the firearm or other dangerous weapon be used in the commission of a crime or knowingly causes a firearm or other dangerous weapon to be present in a court facility with the intent that the firearm or other dangerous weapon be used in the commission of a crime.

(b) Grading.—

(1) Except as otherwise provided in paragraph (3), an offense under subsection (a)(1) is a misdemeanor of the third degree.

(2) An offense under subsection (a)(2) is a misdemeanor of the first degree.

(3) An offense under subsection (a)(1) is a summary offense if the person was carrying a firearm under section 6106(b) (relating to firearms not to be carried without a license) or 6109 (relating to licenses) and failed to check the firearm under subsection (e) prior to entering the court facility.

(c) Exceptions.—Subsection (a) shall not apply to:

(1) The lawful performance of official duties by an officer, agent or employee of the United States, the Commonwealth or a political subdivision who is authorized by law to engage in or supervise the prevention, detection, investigation or prosecution of any violation of law.

(2) The lawful performance of official duties by a court official.

(3) The carrying of rifles and shotguns by instructors and participants in a course of instruction provided by the Pennsylvania Game Commission under 34 Pa. C.S. §2704 (relating to eligibility for license).

(4) Associations of veteran soldiers and their auxiliaries or members of organized armed forces of the United States or the Commonwealth, including reserve components, when engaged in the performance of ceremonial duties with county approval.

(5) The carrying of a dangerous weapon or firearm unloaded and in a secure wrapper by an attorney who seeks to employ the dangerous weapon or firearm as an exhibit or as a demonstration and who possesses written authorization from the court to bring the dangerous weapon or firearm into the court facility. (Added by L.1995, Act 66(2), eff. 11/22/95.)

(d) Posting of notice.—Notice of the provisions of subsections (a) and (e) shall be posted conspicuously at each public entrance to each courthouse or other building containing a court facility and each court facility, and no person shall be convicted of an offense under subsection (a)(1) with respect to a court facility if the notice was not so posted at each public entrance to the courthouse or other building containing a court facility anti at the court facility unless the person had actual notice of the provisions of subsection (a).

(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). (Chgd. by L.1999, Act 59, eff 2/15/00.)

(f) Definitions.—As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

“Court facility.” The courtroom of a court of record; a courtroom of a community court; the courtroom of a district justice; a courtroom of the Philadelphia Municipal Court; a courtroom of the Pittsburgh Magistrates Court; a courtroom of the Traffic Court of Philadelphia; judge’s chambers; witness rooms; jury deliberation rooms; attorney conference rooms; prisoner holding cells; offices of court clerks, the district attorney, the sheriff and probation and parole officers; and any adjoining corridors.

“Dangerous weapon.” A bomb, grenade, blackjack, sandbag, metal knuckles, dagger, knife (the blade of which is exposed in an automatic way by switch, push-button, spring mechanism or otherwise) or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

“Firearm.” Any weapon, including a starter gun, which will or is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas. The term does not include any device designed or used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition.

(Added by L. 1995, Spec. Sess. 1, Act 17(1), eff 10/11/95.)

[whoshisface]

GD! Does anyone know if the sheriff has an email address?


Sheriff
Mitch Cooper
423 Allegheny St
Hollidaysburg, Pennsylvania 16648

[whoshisface]

Letter, not yet sent. Please proof read and give suggestions

thanks,

See revised

[IronSight]

I assure you that if any of these allegations are true that they will be taken seriously and exposed.

I don't know how I feel about that line. It seems too combative, and also too vague, after all how will he interpret the phrase "taken seriously and exposed"?