Sheriff John P Durnate consistently violates Pre-emption!!!

[whoshisface]

http://sheriff.montcopa.org/sheriff/...a=1683&q=71877

PRESS RELEASE:

MONTGOMERY COUNTY SHERIFF JOHN P. DURANTE REVOKES CONCEALED CARRY PERMIT OF JOSEPH JAMES DEPAUL, JR. AND ENCOURAGES TRAIL USERS TO REPORT ALL INCIDENTS TO POLICE AND NOT TAKE THE LAW INTO THEIR OWN HANDS



For Immediate Release



Friday, July 24, 2009

Contact: Sheriff John P. Durante

Phone: 610-278-3337



Montgomery County Sheriff John P. Durante has revoked the firearms permit of Joseph James DePaul, Jr. of 627 Hamilton Street, Norristown, for an alleged incident that happened on the Plymouth Township section of the Schuylkill River Trail on Wednesday, July 22, 2009.



As stated before by Sheriff Durante, the Montgomery County Commissioners want to ensure that all users of the Montgomery County park system have a safe and enjoyable time. To that end, the Sheriff will be increasing deputy patrols throughout the entire county trail system. Sheriff Durante also wants to note that issues of public safety on the trail system are not just limited to the Municipality of Norristown but are a system-wide concern, as the present case demonstrates. Law enforcement agencies along the park system trails, along with Montgomery County Park Rangers, do a tremendous job in helping to keep the trail safe. The Bicycle Coalition of Greater Philadelphia has also been a great partner to the county and law enforcement agencies by keeping us informed of all issues that affect the responsible enjoyment of the county trails.



Sheriff Durante once again reminds the public that carrying a firearm on the trail or in any county park, regardless of whether or not one has a concealed carry permit, is illegal and a violation of the rules and regulations of the Montgomery County park system. Anyone caught in possession of a firearm in violation of these rules and regulations will immediately lose their concealed carry permit and will be turned over to the Montgomery County District Attorney’s Office for prosecution. [18 PA.C.S. � 6120 states, "No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth." --- Seems the sherriff doesn't care to follow the law himself!. -TJN]


Read more: http://www.centredaily.com/news/brea...#ixzz0McdFMUbc
In programs such as the controlled hunts, where firearms are permitted in county parks, the county goes to great lengths to ensure there is proper distance for using firearms and the event is supervised by the Pennsylvania Game Commission, Montgomery County Park Rangers, and Sheriff’s Deputies to protect the safety of other users of the park.



Sheriff Durante echoes the National Rifle Association in encouraging the responsible, safe and legal use of firearms. Taking the law into one’s own hands serves no purpose but to put innocent people in danger and carelessly shooting a weapon on the trail could endanger unsuspecting users jogging, walking their dogs, or riding their bicycles. The events that occurred on Wednesday in Plymouth Township should be a lesson learned for all park users not to take the law into their own hands but to notify police and report all incidents immediately to the proper authorities.






***

He might have reason to take this guys LTCF but he doesn't have the right to violate other persons rights by using his office to surrpress a clearly identified right and ignoring PA law. This guy is near, if not is, guilty of official corruption. Maybe he just doesn't know how to read? I'm not sure but we need to vote him out of office!



http://www.centredaily.com/news/brea...y/1415546.html

DA: Pa. crime victim shouldn't have fired gun
- The Associated Press
NORRISTOWN, Pa. — A prosecutor in suburban Philadelphia says a bicylist attacked by two teenagers overreacted when he fired a gun at them.

Montgomery County District Attorney Risa Vetri Ferman says Joseph James DePaul Jr. was carrying the gun lawfully. But she said Thursday that the 27-year-old Norristown man shouldn't have fired it at the juveniles who knocked him off his bicycle Wednesday evening. Neither teen was hit by the gunfire.

DePaul has been charged with criminal attempt at murder and other offenses. It was unclear Thursday night if he had a lawyer.



Read more: http://www.centredaily.com/news/brea...#ixzz0McVON4MG


Who knows what really happened?

LEAVE COMMENTS NOW!

http://www.centredaily.com/news/brea...ents_Container

Lets get the word out that he needs to be stopped, local municipalities need to obey the law, and these intrusions into our rights have to come to an end


I need to get his email address and send him a well worded email explaining preemption to him..

[FormerUser123]

I hate to burst your bubble, and I appreciate your enthusiams, but this has been covered many many times in the time since this story originally broke. There have been letters mailed and probably 3-4 threads just on the story itself.

[jcabin]

Looking around at some of the posts on that website it appears there are some great misconceptions amongst the public in regards to when/how you can use your firearm.

[YBNORMAL]

excel2excel, whats with the large format? I can't stand to read that.

[ehidle]

Covered ad nauseum elsewhere, but I'll point out again what is important:

Montgomery County District Attorney Risa Vetri Ferman says Joseph James DePaul Jr. was carrying the gun lawfully.

IOW, she is saying that it is lawful to carry a firearm on the trail, despite Durante's assertions to the contrary.

Now, if he does revoke someone's LTCF, what would be the mechanism to challenge it?

[WhiteFeather]

Looking around at some of the posts on that website it appears there are some great misconceptions amongst the public in regards to when/how you can use your firearm.

Is not this the sad truth……yet these people make all of the rest of gun owners look bad because lack of knowledge..


I am going to tie in a few issuse here on this thread.

What I have been witnessing over the years is cop bashing, not all police officers are bad guys and some really try to do the right thing and honor their oaths to the constitution. Yes, sometimes even these good guys make mistakes or don't take the time to know and understand the complex firearm laws in PA. Yet the good officers take personal offense when stories about the abuse by a select few bad cops, that make ALL of them look bad. They feel police must always defend their honor of fellow law enforcement officers NO MATTER WHAT ! Not knowing them personally, knowing the particular of the case/incident, the cops involved. They operate on faith that they use the thin blue line crap. Not right vs wrong most have a US vs them mentality they are LEO and we are just civilians. They won’t clean their own house of the corrupt and bad officers, same is true of other profession groups like doctors, lawyers, and the big one corrupt elected officials. This is also often expressed in my country right or wrong, by people who never take the time to investigate the righteous of the cause or hidden agenda or motivations of the actors. Republican vs democrat sillyness

What I also have been witnessing for much longer is firearm owners bashing, by the media, LEO, elected officials, a ingrained prejudice against gun owners, yet not everyone gun owner always act responsibly, legally or does the right thing, or at least operating inside of the current existing laws (right or wrong) Allows, even if its "legal" should you really just push the envelope because you can, to what ends? That can't be accomplished in other more effective methods. They make everyone in the “group” look bad, so don’t automatically provide cover for them unless you know the details on any case.

Why do people in all of these groups want to defend people who is not always operating in accordance with laws or what is morally / legally right?
People are imperfect and flawed, even the best of us have / make /made mistake in our lives.

The only guy I ever heard about that was perfect and always acted morally and honorably in all of his actions, the government tried him and nailed him to a cross a long time ago.

This bike rider guy is basically charged with illegally discharging his firearm with the intent on hurting someone that was fleeing at the time (no threat of immediate harm). I wasn’t there; IF you weren’t either all you have is what is in the media. Like the media ever give you all the facts to make an inform decision about what actually happened, thats why we have courts and not public created / crafted opinion to decide the outcome.

The Sheriff is an elected official, after this guy was charged for crimes, his LTCF permit should be suspended pending the outcome of his trial or has the charges withdrawn. IF he is acquitted, he should be able to get his permit back, no ifs, buts or anything. Under current law the sheriff does have the power to revoke a LTCF permit for cause just or not. IF you don’t like this discretionary clause in the powers of the sheriff over LTCF permits, as I and others don’t. We are trying to work on a legislative fix, how about helping out to fix this problem in the law or just deal with the way it’s written.

As far as the sheriff and preemption violation, like he actually knows the complex firearm laws better than most people do. All the sheriff is quoting is the “illegal” according to the county / township made up “rules” that don’t mean anything really. For anyone knows, maybe it was legal or not settled law at the time the twp / county pass their made up firearm regulations and just have not updated the regulations to be in alignment with state law.

WE have fixed and are trying to fix the problems with the pro gun legislators in Harrisburg so the local made rules have no real force of law or at least not teeth to back up their prejudice against law abiding gun owners. We did this with the game commission, we did it with the DNCR and others over their claimed authority to exercise powers not granted to them over firearms. Sadly this state level legislative fix to laws is where the battle needs to be fought at the state level to protect or enhance your rights, yet very few want to up the burden to fight here in a common cause effort to protect all of our rights, were your effort can have a real tangible results.

The sheriff is wrong with preemption, go make an appointment and talk with him about what the existing laws are and try to educate him, or send him a certified letter, return receipt stating the laws.

If that don’t work and he won’t listen or obey the law as written.

Contact your state Reps and ask them to explain the laws to the sheriff or just by pass them and go to the DA with the same approach, make an appointment, certified letter.

IF that still won’t work…….

The sheriff is elected official, he can be removed from office by the voters, run for office yourself or support some that will uphold the law.

Find a public event that the sheriff is speaking at and ask him uncomfortable questions and quote his in-accurate statements about the law that are wrong to make him lose face or publicly embarrass him and lose votes and public confidence......This can be very effective tactic used and exercised responsibility or can back fire if you lose sight of your objectives.

ITS LOTS OF HARD WORK to try to hold elected people accountable for their actions, how about trying education them first and failure in that endeavor working activity to remove them from office or make legislative corrections.

JUST PLEASE don’t just blindly, mindlessly, support someone that is not in the right morally or legally because they belong to the same group, especially if you don’t know all the fact to make a judgment over a particular issue.

[whoshisface]

I see absolutely no one supporting the shooter. NONE, not one. So I have no idea what you're ranting about.

The sheriff has gotten many letters and THAT IS EXACTLY WHAT I'M WRITTING HERE TO TELL EVERYONE TO DO!

Your rant seems completely off base.

[whoshisface]

Covered ad nauseum elsewhere, but I'll point out again what is important:



IOW, she is saying that it is lawful to carry a firearm on the trail, despite Durante's assertions to the contrary.

Now, if he does revoke someone's LTCF, what would be the mechanism to challenge it?

Appeal once you get the letter from the sherriff.

[whoshisface]

What you forgot to read in the original post

He might have reason to take this guys LTCF but he doesn't have the right to violate other persons rights by using his office to surrpress a clearly identified right and ignoring PA law. This guy is near, if not is, guilty of official corruption. Maybe he just doesn't know how to read? I'm not sure but we need to vote him out of office!

Lets get the word out that he needs to be stopped, local municipalities need to obey the law, and these intrusions into our rights have to come to an end


I need to get his email address and send him a well worded email explaining preemption to him..

[sdsorrentino]

i have proposed a little MontCo bike ride for this Saturday, but no takers so far.

http://forum.pafoa.org/concealed-ope...gomery-co.html

Sean