Is Allegheny County in Violation?

[PGHxdguy]

§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.)

I was reading a thread about people having difficulty when checking their sidearm and I thought back to all the times I was in the court buildings in Pittsburgh. The actual checking of the firearm is a non event. You just walk in, put it in a locker and take the key with you. There is nothing said, no questions. You just do it and go on to the metal detectors. Also, there are no receipts given as they are largely "self serve".

Thats the good part. The part that I question is that there are 3 buildings, 2 adjacent to each other, and one across the street that have court rooms. All have metal detectors and county sheriffs at the entrances. But you can only check your firearm at the one entrance at one of the buildings.

The first time I had to go to the family division, I walked to the metal detector, and told the deputy that I need to check a firearm. She told me I had better get out of the building as I was not allowed past the doors with a gun and I am breaking the law by carrying into a court facility. I stated that they had to supply lockers to check firearms. She stated that they are across the street in the other building.

I went back out side to the other building and checked my firearm, then back to the family division. I took note of EVERY sign posted upon walking in and not one stated that you have to check firearms across the street. But there was one that stated you are not allowed past the yellow line with (insert list of verboten items here, including firearms). The line is a few feet away from the metal detectors and the deputies.

Now, my reading of the above quoted statute leads me to believe that they must provide lockers at all separate buildings that contain court facilities. They are separate buildings, with separate addresses. Considering that I may or may not have broken the law, as indicated by deputy, because they may or may not be breaking the law, is this something that I/we should pursue? If so, how and where to start?

[Statkowski]

Yes they are in violation. "[A]t or within the building" is singular. Your mission, Mr. Briggs (or Phelps), should you decide to accept it, is to write a letter to the County Commissioners complaining about their failure to comply with state law.

On a side note, all of the District Magisterial Courts in Allegheny County are also in violation, since not one has the required storage facilities available.