Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Oct 2008
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    Pleasant Hall, Pennsylvania
    (Franklin County)
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    Post PA Law on Obstructing Highways

    Just because it has become an issue around the country, I decided to look up PA's law on "protestors" blocking roads. Here it is:

    § 5507. Obstructing highways and other public passages.
    (a) Obstructing.--
    A person, who, having no legal privilege
    to do so, intentionally or recklessly obstructs any highway,
    railroad track or public utility right-of-way, sidewalk,
    navigable waters, other public passage, whether alone or with
    others, commits a summary offense, or, in case he persists after
    warning by a law officer, a misdemeanor of the third degree. No
    person shall be deemed guilty of an offense under this
    subsection solely because of a gathering of persons to hear him
    speak or otherwise communicate, or solely because of being a
    member of such a gathering.
    (b) Refusal to move on.--
    (1) A person in a gathering commits a summary offense if
    he refuses to obey a reasonable official request or order to
    move:
    (i) to prevent obstruction of a highway or other
    public passage; or
    (ii) to maintain public safety by dispersing those
    gathered in dangerous proximity to a fire or other
    hazard.
    (2) An order to move, addressed to a person whose speech
    or other lawful behavior attracts an obstructing audience,
    shall not be deemed reasonable if the obstruction can be
    readily remedied by police control of the size or location of
    the gathering.
    (c) Definition.--As used in this section the word
    "obstructs" means renders impassable without unreasonable
    inconvenience or hazard.
    https://law.justia.com/codes/pennsyl...apter-55/5507/
    No more signature 'cause it's 2020

  2. #2
    Join Date
    May 2006
    Location
    127.0.0.1, Pennsylvania
    (Lancaster County)
    Posts
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    Default Re: PA Law on Obstructing Highways

    Now find the law that punishes dereliction of duty.
    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.

  3. #3
    Join Date
    Jun 2008
    Location
    East side of the ANF, Pennsylvania
    (Elk County)
    Posts
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    Default Re: PA Law on Obstructing Highways

    Quote Originally Posted by EWTHeckman View Post
    Just because it has become an issue around the country, I decided to look up PA's law on "protestors" blocking roads. Here it is:

    § 5507. Obstructing highways and other public passages.
    (a) Obstructing.--
    A person, who, having no legal privilege
    to do so, intentionally or recklessly obstructs any highway,
    railroad track or public utility right-of-way, sidewalk,
    navigable waters, other public passage, whether alone or with
    others, commits a summary offense, or, in case he persists after
    warning by a law officer, a misdemeanor of the third degree. No
    person shall be deemed guilty of an offense under this
    subsection solely because of a gathering of persons to hear him
    speak or otherwise communicate, or solely because of being a
    member of such a gathering.

    (b) Refusal to move on.--
    (1) A person in a gathering commits a summary offense if
    he refuses to obey a reasonable official request or order to
    move:
    (i) to prevent obstruction of a highway or other
    public passage; or
    (ii) to maintain public safety by dispersing those
    gathered in dangerous proximity to a fire or other
    hazard.
    (2) An order to move, addressed to a person whose speech
    or other lawful behavior attracts an obstructing audience,
    shall not be deemed reasonable if the obstruction can be
    readily remedied by police control of the size or location of
    the gathering.
    (c) Definition.--As used in this section the word
    "obstructs" means renders impassable without unreasonable
    inconvenience or hazard.
    https://law.justia.com/codes/pennsyl...apter-55/5507/

    Bold red text mine. That's how they get away with it.

    Noah
    Wisdom and knowledge shall be the stability of thy times.

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

    Default Re: PA Law on Obstructing Highways

    Quote Originally Posted by streaker69 View Post
    Now find the law that punishes dereliction of duty.
    Show me the law that says an officer can not use discretion.

  5. #5
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
    Posts
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    Default Re: PA Law on Obstructing Highways

    That's not the right law. THIS is the right law in PA:

    Title 18 - CRIMES AND OFFENSES
    Chapter 29 - Kidnapping
    2903 - False imprisonment.

    § 2903. False imprisonment.
    (a) Offense defined.--A person commits an offense if he
    knowingly restrains another unlawfully so as to interfere
    substantially with his liberty.
    (b) Grading.--
    (1) Except as provided in paragraph (2), an offense
    under subsection (a) is a misdemeanor of the second degree.
    (2) If the victim of the offense is an individual under
    18 years of age, an offense under subsection (a) is a felony
    of the second degree.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  6. #6
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
    Posts
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    Default Re: PA Law on Obstructing Highways

    Or this:

    2902 - Unlawful restraint.

    § 2902. Unlawful restraint.
    (a) Offense defined.--A person commits an offense if he
    knowingly:
    (1) restrains another unlawfully in circumstances
    exposing him to risk of serious bodily injury; or
    (2) holds another in a condition of involuntary
    servitude.
    (b) Grading.--
    (1) Except as provided in paragraph (2), an offense
    under subsection (a) is a misdemeanor of the first degree.
    (2) If the victim of the offense is an individual under
    18 years of age, an offense under subsection (a) is a felony
    of the second degree.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  7. #7
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
    Posts
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    Default Re: PA Law on Obstructing Highways

    Or this:

    § 2906. Criminal coercion.
    (a) Offense defined.--A person is guilty of criminal
    coercion, if, with intent unlawfully to restrict freedom of
    action of another to the detriment of the other, he threatens
    to:
    (1) commit any criminal offense;
    (2) accuse anyone of a criminal offense;
    (3) expose any secret tending to subject any person to
    hatred, contempt or ridicule; or
    (4) take or withhold action as an official, or cause an
    official to take or withhold action.
    (b) Defense.--It is a defense to prosecution based on
    paragraphs (a)(2), (a)(3) or (a)(4) of this section that the
    actor believed the accusation or secret to be true or the
    proposed official action justified and that his intent was
    limited to compelling the other to behave in a way reasonably
    related to the circumstances which were the subject of the
    accusation, exposure or proposed official action, as by
    desisting from further misbehavior, making good a wrong done,
    refraining from taking any action or responsibility for which
    the actor believes the other disqualified.
    (c) Grading.--Criminal coercion is a misdemeanor of the
    second degree unless the threat is to commit a felony or the
    intent of the actor is felonious, in which cases the offense is
    a misdemeanor of the first degree.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  8. #8
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
    Posts
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    Default Re: PA Law on Obstructing Highways

    Now that's more like it.
    Gender confusion is a mental illness

  9. #9
    Join Date
    Jan 2019
    Location
    Bedford
    Posts
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    Default Re: PA Law on Obstructing Highways


  10. #10
    Join Date
    Feb 2007
    Location
    North East PA, Pennsylvania
    Posts
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    Default Re: PA Law on Obstructing Highways

    They are persons with legal black privilege to do so. Mayor said it's ok.

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