Philadelphia City Hall in Violation 0f 18:913(e) - letter to President Judge

[gbrown221]

Brethren:

Philadelphia City Hall is in Violation of 18:913 (storage facilities for firearms or other dangerous weapons not prohibited by law).

I have sent the Hon. Pamela P. Dembe, President Judge a letter. I received a response from via court clerk and provided a follow up as I was not satisfied with her initial response. I have carbon copied the Sheriff's Dept, Mayors Office, my City Council rep, City Council President, Managing Directors Office, and Attorney General's Office with my grievance. I need your support also by expressing your grievance about this Crimes Code Violation. The City has been in violation for 3/4 of a decade. I have sent all of my letter certified / retrurn receipt.

I encourage all of you to also express your grievances as their is power in numbers.

Does anyone know what type of legal action could be possible to make the City comply with the statute? Could I file a Private Criminal Compalint, (against whom?) who is ultimately responsible? How about Writ of Mandamus, Civil Rights Violation, etc?

Fraternally,

gbrown221

[Statkowski]

Since Philadelphia is in a class all its own, and the statute states that the county has to provide the storage facilities, the President Judge's office is not the place to address such issues - the city government is.

The city is required to provide the storage facilities in the building housing the court. City council and/or the mayor must resolve the issue. Considering who the mayor is, and who's on city council, a writ of mandamus may be the only choice available, once you get denials in writing from those in charge.

[gbrown221]

Stakowski:

Can we file a writ of mandamus since this is a crimes code violation? Mandamus actions i thought were for administrative matters. forcing a governmental agency to comply with something they are required to do. any of the lawyers on here care to comment.

i have also written city council and the mayors office about this. the managing directors office also.

again we need other to voice their grievances about this matter. the birth place of liberty is trampling on our rights!

gbrown221

[rwilson452]

Way up here in the far north contacting the court administrator got the problem solved.

[gbrown221]

Unfortunately this is Philly and they like to waste money and play hardball.

my friend wrote this letter in. he cc'd city council and the mayor's office.

we need other's to write in and keep the pressure on. if they get enough complaints we may get them to listen.

my friend wrote.

April 19, 2009

Honorable Paela P. Dembe, President Judge
Philadelphia Court of Common Pleas
City Hall Room 386
Philadelphia, PA 19107


RE: Lack of Lockers at the City Hall Court Facility to Check Dagerous Weapons as per 18 Pa.C.S. §913(e).

Dear Judge Dembe:

It has come to my attention that the City Hall Court facility is not in compliance with the requirements as set forth in 18 Pa.C.S. §913. FACILITIES FOR CHECKING FIREARMS OR OTHER DANGEROUS WEAPONS. It is likewise concerning that the City has failed to comply with the requirements which became effective in 2002 now some seven (7) years later.

Court facilities are required to maintain free lockers at or within the court facility for use by visitors who are licensed to carry a firearm or other dangerous weapons which are prohibited within the court facility. 18 Pa.C.S. §913(e) specifically states [emphasis added]:

“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…”

Apparently your court clerk, in her letter to gbrown221 and posted on-line to a Right to Carry Firearms web forum, has clearly indicated that she feels compliance is maintained by the utilization of lockers which are available at the Criminal Justice Center (CJC) which is two blocks away and is certainly not “at or within” the building containing a court facility as required by statute. This ingenious response from an attorney working for the President Judge is certainly not evidence of the seriousness or desire to comply with the very laws that the courts are sworn to uphold.

Page 2 of 2


Likewise the Court Facility is lacking the required postings as specified in 18 Pa.C.S.§913(d) POSTING OF NOTICE. This section requires proper posting at ALL entrances to the court facility.

Although your clerk has indicated that Sheriff Taylor will be working to correct the postings, I want to know the intent of compliance with the availability of lockers for the checking of firearms or other dangerous weapons at or within the Court Facility.

Be advised that failure of the City to come into compliance with the requirements of this section provides for the violations of the rights of citizens who are properly licensed and are denied access to a court facility without undue hardship. Additionally, forcing visitors to check their weapon, in violation of the law, at a facility two blocks away, forces a citizen to give up their right to have and possess a concealed weapon while walking between facilities.

We look forward to your response as I am sure you are likewise interested in making sure that the Court Facilities, of all places, are in compliance with the requirements of the Law.


Sincerely,

[rsklar]

Since the City and County are one in the same in Philadelphia, the President Judge is charged with the administrative functions of the courthouse and does have authority over these matters.

She has absolute control to make the changes necessary to bring the court into compliance with the law.

If anyone else in Philly wants to write, I would encourage you to do so.

-Bob

[gbrown221]

all letters sent today certified/return receipt. will update all.

but again we need others to write in about this matter. i am planning speaking at Phila City Council about this also.

[Philadelphia]

I think what you are doing is excellent and I applaud your efforts to require our gov't to comply with its own laws.

To the numerous philly bashers out there, I note that I have never set foot in a municipal court in the burbs that posted much beyond a picture of a gun with a red slash through it (as in "no guns") and certainly had no lockers to store guns. It's not just philly. It seems it's local gov't in general.

[gbrown221]

i do a lot of document authentications at the prothonotary's office which is at city hall.

I also formally complained to the PPD since the officer who denied me entrance and/or a locker was a philly cop. He told me to "leave it in my car". the ppd's own website says my LTCF (they say permit ) will be revoked if a firearm in a car is stolen.

Greg

[gbrown221]

all certified receipts (green cards) were returned to me today. will keep all of you posted. Agian I encourage more people to write in about this issue as their i power in numbers.