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July 25th, 2008, 12:16 PM #1
OC = Public Nuisance, LEO can demand you cover - per Lackawanna Co. sheriff
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Last edited by jahwarrior72; June 2nd, 2010 at 11:25 AM.
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July 25th, 2008, 12:22 PM #2
Re: "Public Nuisance" laws?
I think you should press charges of him being a public nuisance by misinterpretting law.
Any mission, any conditions, any foe at any range.
Twice the mayhem, triple the force.
Ten times the action, total hardcore.
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July 25th, 2008, 12:26 PM #3
Re: "Public Nuisance" laws?
IANAL, or even very good at remembering the numbers, but I would think that after such an incident you could retain a lawyer and sue.
If you don't know who your state legislators are go here:
http://www.legis.state.pa.us/index.cfm
put your zip plus 4 in the box in the upper right hand corner.
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July 25th, 2008, 12:33 PM #4
Re: "Public Nuisance" laws?
Public nuisance
From Wikipedia, the free encyclopedia
In the English criminal law, public nuisance is a class of common law offence in which the injury, loss or damage is suffered by the local community as a whole rather than by individual victims.troll Free. It's all in your mind.
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July 25th, 2008, 12:36 PM #5Active Member
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Re: "Public Nuisance" laws?
If a black guy walks through a white neighborhood, can he be cited for a "public nuisance" because the white people are uncomfortable by his presence?
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July 25th, 2008, 12:40 PM #6Banned
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Re: "Public Nuisance" laws?
There are federal laws that preempt that kind of racial discrimination or what is probably a hate crime. Everyone listens to federal laws.
They don't listen to state laws.
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July 25th, 2008, 12:45 PM #7
Re: "Public Nuisance" laws?
Last edited by Agent Smith; July 25th, 2008 at 12:48 PM. Reason: Forgot sarcastic smiley
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July 25th, 2008, 12:49 PM #8
Re: "Public Nuisance" laws?
1st. I doubt the sheriff has anything to do with county park rules. More about the that later.
Concerning the sheriff's comments... The sheriff is correct and incorrect.
Luckily, the sheriff's opinion on this is not enforceable.
He is incorrect about the "public nuisance" baloney. Even if such a law existed, it is similar to "disorderly conduct". Legal firearm carry, byt itself, would not meet the conditions of such a law.
He is correct that a LEO could stop you, escort you off public property(whatever that means) etc.
However, that officer would then hopefully be held accountable for violating your rights under color of law. That is up to the aggrieved party to do.
You have a constitutionally protected right to carry a firearm and preemption to prevent exactly what sheriff Szymanski is proposing.
He is flat out wrong and his apparent ignorance of above is disturbing.
Preferably we try and educate these ignorant PD's on the applicability of law as it relates to OC... another topic though. Since the sheriff has virtually no say in that issue I wouldn't worry too much about it.
I would follow up with the sheriff via a letter and attach a OC training memo. BTW; He has received one prior, last year, from Yours Truly.
Alternately, invite him here or set up a meeting and we can go talk to him if he is receptive. I would like him to fully understand the consequences of abuses against firearms carriers since he is the issuing authority of LTCF's. He demonstrates an attitude and lack of understanding that I imagine could easily result in an inappropriate/unlawful LTCF revocation and I'm sure he does NOT want to face us, as a group, in an appeal hearing and the resulting bad press we would bring down on him as a result. As was an example in the gnbrotz revocation fiasco.
The sign in county park is a county commissioners and solicitor issue.
They make the regs (probably a "recreation" or "parks" sub-committee) but i suspect that the commission is responsible for approving all regs and ordinances. Similar to twp and city. someone correct me if I am wrong please.
If so I think we need to attend a county commissioners meeting
http://lackawanna.granicus.com/ViewP....php?view_id=2
... and bring the issue to their attention in public. The county solicitor probably attends the meetings also which is who the commissioners will refer the issue to. Again, I can't imagine that the sheriff has nothing whatsoever to do with the park rules or signs.Last edited by Pa. Patriot; July 25th, 2008 at 12:57 PM.
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danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
you won't, I will not sit with my thumb up my bum and complain, because you will.
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July 25th, 2008, 01:23 PM #9
Re: OC = Public Nuisance, LEO can demand you cover - per Lackawanna Co. sheriff
I just found jahwarrior's old post on the county park preemption violation (gun ban)
http://www.pafoa.org/forum/concealed...violation.html
Let's discuss the park ban there and limit this thread to the sheriff's comments just to keep the two conversations relevant to their respective threads._________________________________________
danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
you won't, I will not sit with my thumb up my bum and complain, because you will.
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July 25th, 2008, 01:28 PM #10
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