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Thread: CC in neighborhood court?
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May 5th, 2009, 11:03 PM #1
CC in neighborhood court?
Anybody know if the no carrying in courthouses also applies to the local courts in the police stations? Specifically 55th and Pine?
I gotta go there in the am for a case from work, and would def prefer to carry in that neck of the woods; especially after testifying against somebody then having to leave and walk down the same street as them. lol
thanks
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May 5th, 2009, 11:07 PM #2
Re: CC in neighborhood court?
It would apply to those too. Magistrate and traffic courts are off-limits too. All courts of law are off-limits in PA.
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May 6th, 2009, 07:22 AM #3Senior Member
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Re: CC in neighborhood court?
But they are required to provide a place to check and store your firearm.
Last edited by FFEMT128; May 6th, 2009 at 07:23 AM. Reason: spelling
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May 6th, 2009, 07:59 AM #4
Re: CC in neighborhood court?
Applicable statute:
18 Pa.C.S. § 913: Possession of firearm or other dangerous weapon in court facility
(a) Offense defined.--A person commits an offense if he:
(1) knowingly possesses a firearm or other dangerous weapon in a court facility or knowingly causes a firearm or other dangerous weapon to be present in a court facility; or
(2) knowingly possesses a firearm or other dangerous weapon in a court facility with the intent that the firearm or other dangerous weapon be used in the commission of a crime or knowingly causes a firearm or other dangerous weapon to be present in a court facility with the intent that the firearm or other dangerous weapon be used in the commission of a crime.
(b) Grading.--
(1) Except as otherwise provided in paragraph (3), an offense under subsection (a)(1) is a misdemeanor of the third degree.
(2) An offense under subsection (a)(2) is a misdemeanor of the first degree.
(3) An offense under subsection (a)(1) is a summary offense if the person was carrying a firearm under section 6106(b) (relating to firearms not to be carried without a license) or 6109 (relating to licenses) and failed to check the firearm under subsection (e) prior to entering the court facility.
(c) Exceptions.--Subsection (a) shall not apply to:
(1) The lawful performance of official duties by an officer, agent or employee of the United States, the Commonwealth or a political subdivision who is authorized by law to engage in or supervise the prevention, detection, investigation or prosecution of any violation of law.
(2) The lawful performance of official duties by a court official.
(3) The carrying of rifles and shotguns by instructors and participants in a course of instruction provided by the Pennsylvania Game Commission under 34 Pa.C.S. § 2704 (relating to eligibility for license).
(4) Associations of veteran soldiers and their auxiliaries or members of organized armed forces of the United States or the Commonwealth, including reserve components, when engaged in the performance of ceremonial duties with county approval.
(5) The carrying of a dangerous weapon or firearm unloaded and in a secure wrapper by an attorney who seeks to employ the dangerous weapon or firearm as an exhibit or as a demonstration and who possesses written authorization from the court to bring the dangerous weapon or firearm into the court facility.
(d) Posting of notice.--Notice of the provisions of subsections (a) and (e) shall be posted conspicuously at each public entrance to each courthouse or other building containing a court facility and each court facility, and no person shall be convicted of an offense under subsection (a)(1) with respect to a court facility if the notice was not so posted at each public entrance to the courthouse or other building containing a court facility and at the court facility unless the person had actual notice of the provisions of subsection (a).
(e) Facilities for checking firearms or other dangerous weapons.--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. Any individual checking a firearm, dangerous weapon or an item deemed to be a dangerous weapon at a court facility must be issued a receipt. Notice of the location of the facility shall be posted as required under subsection (d).
(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Court facility." The courtroom of a court of record; a courtroom of a community court; the courtroom of a magisterial district judge; a courtroom of the Philadelphia Municipal Court; a courtroom of the Pittsburgh Magistrates Court; a courtroom of the Traffic Court of Philadelphia; judge's chambers; witness rooms; jury deliberation rooms; attorney conference rooms; prisoner holding cells; offices of court clerks, the district attorney, the sheriff and probation and parole officers; and any adjoining corridors.
"Dangerous weapon." A bomb, grenade, blackjack, sandbag, metal knuckles, dagger, knife (the blade of which is exposed in an automatic way by switch, push-button, spring mechanism or otherwise) or other implement for the infliction of serious bodily injury which serves no common lawful purpose.
"Firearm." Any weapon, including a starter gun, which will or is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas. The term does not include any device designed or used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition.
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May 6th, 2009, 08:02 AM #5
Re: CC in neighborhood court?
I know that once a month there is a "community court" in our borough council chambers in the borough building. So if I understand the law, carrying into the chambers would be illegal only when the court is in session - but would revert back to council chambers when court is not in session, right?
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May 6th, 2009, 08:56 AM #6Banned
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Re: CC in neighborhood court?
i would keep the firearm in my car if i would ever go to any court of the law, i wont feel unsafe if i know my firearm is nearby.
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May 6th, 2009, 09:09 AM #7
Re: CC in neighborhood court?
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
Hobson fundraiser Remember SFN Read before you Open Carry
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May 6th, 2009, 09:29 AM #8
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May 6th, 2009, 09:35 AM #9
Re: CC in neighborhood court?
OK gang, let's say you go to a small, local court and they don't know anything about locking up your firearm for you and don't have facilities to do so.
You are required to be in court that day for whatever reason. You will not leave the gun in the car. What do you do?
Call the sheriff, remind him of the law and have him secure it while you're in court? What if he refuses? You can write letters later, but what do you do for that present situation?
Just thinking out loud here.
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May 6th, 2009, 10:43 AM #10
Re: CC in neighborhood court?
Well, there are a couple of considerations.
Technically, the court personal are not the ones responsible to provide the facilities to secure your weapon, the county is. So giving them a hard time is probably not the best bet.
Calling the sheriff will accomplish nothing, IMO, as he/she is also not the one responsible for providing the facilities.
Asking "Where do I check my firearm?", is hopefully accomplished before entering the actual "court facility". If there is a window as soon as you walk in, that is where I would ask. Once told that they have no facility, or procedure, I would politely remind/inform them of the statute and ask if there was a secure cabinet or desk or something that would work, as I did not think it was responsible to leave the firearm unattended in my vehicle.
If the responses are freaky, I would ask to have the judge come out. Depending on his/her response, I would either ask for a continuance or just leave it in the car.
It might be better to call way ahead, or stop in way in advance and ask about it before the date of your hearing. Even better, call the county commissioners before hand and ask them.
Just MHO
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
Hobson fundraiser Remember SFN Read before you Open Carry
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