Results 11 to 20 of 332
-
March 8th, 2014, 03:10 PM #11
Re: Negative encounter at Malvern Drivers License Center with Police response.
It is murky.
I tried to find an answer a couple years ago when I found out that a local park has "no firearms" signs up. the park land is owned by a PA borough but a private trust leases and maintains the park and land.
being owned by the borough would indicate it falls under preemption, but being leased to a private trust would indicate it doesn't.
I couldn't find anything that swung either way.
-
March 8th, 2014, 03:10 PM #12
Re: Negative encounter at Malvern Drivers License Center with Police response.
The lessee (renter) sets the rules. This is why baseball teams can restrict carrying in stadiums owned by the city.
That said, the lessor (landlord) may include a clause in the lease that prohibits certain activities. They can tell a restaurant that it may not serve Chinese food, typically because they already have a Chinese restaurant in the shopping center. So it is possible that the owner/landlord does prohibit firearms. I doubt it though.
-
March 8th, 2014, 03:14 PM #13
Re: Negative encounter at Malvern Drivers License Center with Police response.
I think it both parties could effectively set the rules. There's a strip mall here that has a Walmart, and several other stores. One store has a very clear sign prohibiting firearms, but we all know that Walmart allows them.
It's possible that the lessor could also set a policy since they own the building. I just think that this is far from settled especially when it comes to dealing with state agencies leasing property from private companies/citizens.
But what you said about the lessee setting the rules could also be interesting, something I asked a long time ago. What if a township were to lease their parks to some "management" organization for $1/year. Since they're leasing the park, they could effectively set a no firearms policy, even though the township would retain ownership.Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
-
March 8th, 2014, 03:15 PM #14Grand Member
- Join Date
- Oct 2008
- Location
-
Harrisburg area,
Pennsylvania
(Dauphin County) - Posts
- 4,683
- Rep Power
- 21474856
Re: Negative encounter at Malvern Drivers License Center with Police response.
I figured he was referring to the (unclear, unresolved, as far as I know) possibility that the statutory change enacted by HB40 had the effect of preempting state agencies.
http://forum.pafoa.org/pennsylvania-...9-m-3-2-a.htmlI am not a lawyer. Nothing I say or write is legal advice.
-
March 8th, 2014, 03:22 PM #15
Re: Negative encounter at Malvern Drivers License Center with Police response.
Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
-
March 8th, 2014, 08:17 PM #16
Re: Negative encounter at Malvern Drivers License Center with Police response.
Someone had pointed this out on the other site, would this apply in any way? Or would it not due to dealing specifically with the license which covers CC or vehicle carry?
18 Pa.C.S. § 6109. Licenses.
(m.3) Construction.--Nothing in this section shall be construed to:
(1) Permit the hunting or harvesting of any wildlife with a firearm or ammunition not otherwise
permitted by 34 Pa.C.S. (relating to game).
(2) Authorize any Commonwealth agency to regulate the possession of firearms in any manner
inconsistent with the provisions of this title.
(n) Definition.--As used in this section, the term "licensee" means an individual who is licensed to
carry a firearm under this section.
-
March 8th, 2014, 08:20 PM #17
Re: Negative encounter at Malvern Drivers License Center with Police response.
Our duty is to believe that for which we have sufficient evidence, and to suspend our judgment when we have not.
To all those reading this...Enjoy your day
-
March 8th, 2014, 08:59 PM #18
Re: Negative encounter at Malvern Drivers License Center with Police response.
Secretary of Transportation (PennDOT) is Barry J. Schoch, P.E.
His mailing address is: Keystone Building, 400 North Street, Harrisburg, PA 17120
You can also send a separate letter of complaint (and embarrassment, and outrage) to: Riverfront Office Center (Driver and Vehicle Services), 1101 South Front Street, Harrisburg, PA 17104-2516
Just me, but I'd insist someone in authority explain why one was threatened with arrest for lawful conduct.
Although hard-copy letters are generally more effective than e-mails, you can e-mail PennDOT's Driver and Vehicle Services with related questions/complaints/compliments at http://www.dmv.state.pa.us/contact_us/index.shtml
-
March 8th, 2014, 09:01 PM #19
Re: Negative encounter at Malvern Drivers License Center with Police response.
Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
-
March 11th, 2014, 08:08 AM #20
Re: Negative encounter at Malvern Drivers License Center with Police response.
So, how'd it go with the police report?
Similar Threads
-
negative encounter- lower pottsgrove police
By Schiery24 in forum Concealed & Open CarryReplies: 39Last Post: January 14th, 2014, 09:39 AM -
Will points on drivers license effect renewal of license to carry?
By Mark82ndABN in forum PennsylvaniaReplies: 12Last Post: September 29th, 2011, 02:05 PM -
CC at Penndot licensing center in malvern?
By B.A. in forum Concealed CarryReplies: 4Last Post: July 17th, 2011, 01:58 PM -
New PA drivers license, old FL CWP
By SopChoppy in forum Concealed CarryReplies: 12Last Post: November 26th, 2010, 06:30 AM
Bookmarks