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July 16th, 2012, 02:05 PM #11
Re: "Next time, make sure you bring your carry permit."
The law for storage refers to people that carry under 6106b or 6109. When you OC you are carrying under neither so the law does not apply. This has been hashed out many times before in this forum, the general consensus is that if you do not fall under one of the exceptions or have a ltcf they do not have to store your firearm according to the letter of the law.
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July 16th, 2012, 02:05 PM #12Super Member
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Philadelphia,
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Re: "Next time, make sure you bring your carry permit."
I am not sure who is in charge of things at the court house, but if it is the President Judge, they just got a new one and now might be a good time to see if some changes can be made to bring them into compliance. The previous President Judge was there for 20 years.
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July 16th, 2012, 02:22 PM #13
Re: "Next time, make sure you bring your carry permit."
18 Pa CS 913(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.
If God didn't intend us to have guns why would he have given us a trigger finger?
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July 16th, 2012, 02:25 PM #14
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July 16th, 2012, 02:37 PM #15
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July 16th, 2012, 02:37 PM #16Grand Member
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Harrisburg area,
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July 16th, 2012, 05:14 PM #17
Re: "Next time, make sure you bring your carry permit."
I disagree.
The 'other dangerous weapons' excludes firearms since they were addressed in the previous clause. If your interpretation is correct, that the 'dangerous weapon clause' includes firearms, then there is no need, indeed it would be superfluous, to have the "of firearms by persons carrying firearms under section 6106(b) or 6109" clause - 6106(b) and 6109 carried firearms would also fall under the 'dangerous weapons' clause. Additionally, how do you interpret the contextual operation of the would 'other' in the statute?
Some of the general rules of statutory construction is:
1 Pa CS § 1921. Legislative intent controls
(a) The object of all interpretation and construction of statutes is to ascertain and effectuate the intention of the General Assembly. Every statute shall be construed, if possible, to give effect to all its provisions.1 Pa CS § 1922. Presumptions in ascertaining legislative intent
In ascertaining the intention of the General Assembly in the enactment of a statute the following presumptions, among others, may be used:
(2) That the General Assembly intends the entire statute to be effective and certain.IANAL
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July 16th, 2012, 06:00 PM #18
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July 16th, 2012, 06:15 PM #19
Re: "Next time, make sure you bring your carry permit."
:facepalm:
It just doesn't make sense to me that the legislators would specifically disallow anyone unlicensed, like an open carrier, and use such convoluted wording to accomplish it. It seems inconsistent with everything else the law allows with regard to firearms.
I'm finding it difficult to make sense of all this, both sides of the argument.While many claim to support the right, precious few support the practice.
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July 16th, 2012, 06:42 PM #20Grand Member
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Harrisburg area,
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Re: "Next time, make sure you bring your carry permit."
Consider that immediately prior to 1 Pa CS § 1922 (2.) comes this:
1. That the General Assembly does not intend a result that is absurd, impossible of execution or unreasonable.
ETA:
Here's my stab at a "reasonable" interpretation of the underlying intent of the wording:
Each county shall make available ... lockers or similar facilities at no charge or cost for the temporary checking of dangerous weapons that are not otherwise prohibited by law, including but not limited to the checking of firearms by persons carrying firearms under section 6106(b) or 6109.Last edited by twency; July 16th, 2012 at 07:21 PM.
I am not a lawyer. Nothing I say or write is legal advice.
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