Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Feb 2007
    Location
    Philadelphia, Pennsylvania
    (Philadelphia County)
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    273664

    Default Suing Philadelphia for violating my rights?

    I know we have a few Gun lawyers on here, so this is more of a post to them. Do I have a case against the city for denying me my right to be able to legally carry based on these two factors. One being the available hours to apply is limited to days and times that the average person is working and closed on holidays. Do I not have a right to be able to feed my family as well as protect myself and them when we are out? The second being using unpaid parking tickets as a prohibiting factor. is that not abuse of the character clause as it states the character clause shall be used if they feel you are a danger to yourself and others. Owing parking tickets in no way makes one a danger to others! I would think from a legal standpoint, that would be a valid arguing point in having that denying factor deemed illegal under our state laws? Perhaps this has been argued and lost already? Perhaps nobody has challenged it yet?

  2. #2
    Join Date
    Dec 2012
    Location
    Milmont Park, Pennsylvania
    (Delaware County)
    Age
    53
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    Default Re: Suing Philadelphia for violating my rights?

    Forgive me, but if you cant afford parking tickets....how are you going to afford to fight city hall ???
    Don’t like me ???? Tough, I don’t give a flying f@@k about ya.

  3. #3
    Join Date
    Mar 2006
    Location
    Bechtelsville, Pennsylvania
    (Berks County)
    Posts
    919
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    20052528

    Default Re: Suing Philadelphia for violating my rights?

    While there are significant arguments in your favor regarding the parking ticket issue, you're extremely unlikely to be successful in relation to the hours of operation, since the 3rd Circuit has held that the Second Amendment does not apply outside of one's home. If you were to elect to litigate the hours of operation issue as merely a state law issue and not under the Second Amendment, you'll be litigating in a Philadelphia, where the court is predisposed to rule for the City and there is no right to attorney fees. So, you better be prepared with a war chest to cover appeals....
    Joshua Prince, Esq. - Firearms Industry Consulting Group - www.PaFirearmsLawyer.com

  4. #4
    Join Date
    Dec 2012
    Location
    Philadelphia, Pennsylvania
    (Philadelphia County)
    Posts
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    21474851

    Default Re: Suing Philadelphia for violating my rights?

    Quote Originally Posted by Pierce8468 View Post
    I know we have a few Gun lawyers on here, so this is more of a post to them. Do I have a case against the city for denying me my right to be able to legally carry based on these two factors. One being the available hours to apply is limited to days and times that the average person is working and closed on holidays. Do I not have a right to be able to feed my family as well as protect myself and them when we are out? The second being using unpaid parking tickets as a prohibiting factor. is that not abuse of the character clause as it states the character clause shall be used if they feel you are a danger to yourself and others. Owing parking tickets in no way makes one a danger to others! I would think from a legal standpoint, that would be a valid arguing point in having that denying factor deemed illegal under our state laws? Perhaps this has been argued and lost already? Perhaps nobody has challenged it yet?
    One can sue for almost anything, winning is a different story.

    Philadelphia has it's issues, but to argue that applications are only taken during normal business hours, is a bit of a stretch. Yes, other counties have late hours and satellite locations, but would you argue that you couldn't get proper permits from L & I to construct a building because they are only open 9a-3p ?

  5. #5
    Join Date
    Feb 2007
    Location
    North East PA, Pennsylvania
    Posts
    3,437
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    21474857

    Default Re: Suing Philadelphia for violating my rights?

    Here's a solution. Pay your parking tickets and take a vacation day. Oh, and stop whining.
    Any vote for a third party is a vote for a Democrat. You are the enemy.

  6. #6
    Join Date
    Feb 2011
    Location
    Primos, Pennsylvania
    (Delaware County)
    Age
    51
    Posts
    4,861
    Rep Power
    21474854

    Default Re: Suing Philadelphia for violating my rights?

    If you have the cash and a lawyer who is capable of not fucking the rest of the state over I say go for it on both counts. I don't see where you said whether or not you personally have unpaid tickets. Do you or is it just something that bothers you? I don't live in the city any longer but have friends there. One is going to apply soon and I will be a reference.
    Some people just plain suck.
    If you're gonna be dumb ya gotta be tough.

  7. #7
    Join Date
    Feb 2007
    Location
    Philadelphia, Pennsylvania
    (Philadelphia County)
    Posts
    295
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    273664

    Default Re: Suing Philadelphia for violating my rights?

    Who to say the one who owes the tickets will be the one to fight city hall? Perhaps the one who owes the tickets just hasn't paid out of principal.

  8. #8
    Join Date
    Feb 2007
    Location
    Philadelphia, Pennsylvania
    (Philadelphia County)
    Posts
    295
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    273664

    Default Re: Suing Philadelphia for violating my rights?

    Quote Originally Posted by mpan72 View Post
    If you have the cash and a lawyer who is capable of not fucking the rest of the state over I say go for it on both counts. I don't see where you said whether or not you personally have unpaid tickets. Do you or is it just something that bothers you? I don't live in the city any longer but have friends there. One is going to apply soon and I will be a reference.
    Just bothers me! Just another attempt by the city to do as they please!

  9. #9
    Join Date
    Feb 2007
    Location
    Philadelphia, Pennsylvania
    (Philadelphia County)
    Posts
    295
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    Default Re: Suing Philadelphia for violating my rights?

    Stop whining? For one the process would require a minimum of two days. One to apply. Another to pick it up if approved. this is hoping that they didn't randomly happen to be closed on the days you went, and make it a 3-4 day process Perhaps somebody who own a business would lose $500-$1000 for each of those days he had to take off . Some people can't afford to take a day off and do not get vacation days. This isn't about one person, this is about an entire city who needs to have the right to defend themselves much more than most pople in the rest of the state!

  10. #10
    Join Date
    May 2006
    Location
    127.0.0.1, Pennsylvania
    (Lancaster County)
    Posts
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    21474874

    Default Re: Suing Philadelphia for violating my rights?

    Instead of trying to attack it by the hours that they are open, you should be attacking the process that they use that takes all the time. Out here I've been able to get to the sheriff's office, on a lunch break, get the completed LTCF and make it back to work. The City of Philthy is going well above and beyond what is spelled out in the law in regards to their process.
    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.

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