Pennsylvania Firearm Owners Association
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  1. #851
    Join Date
    Oct 2006
    Brookville, Pennsylvania
    (Jefferson County)
    Rep Power

    Default Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania

    Municipalities really cannot prohibit carrying in such open places due to preemption, Private entities can. Now, municipalities can in locations where they own and the respective area is of a limited or restrictive access(like behind the reception area, in the offices of a building). Those areas would certainly fall under trespass.

    HOWEVER, with that above, it doesn't mean some county, appeals, or state Supreme court won't side with the municipality. Now our official stance is to "not violate" laws, rules, etc. But you know, what they don't know usually doesn't hurt them and sometimes it is easier to ask forgiveness than for permission should something happen.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  2. #852
    Join Date
    Dec 2006
    Bucks, Pennsylvania
    Rep Power

    Default Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania

    Anyone can have a "policy" against guns on property they own, but PA Preemption means that local govt can't pass an ordinance with penalties to back it up. They have the same power as Walmart does to slap a sign on their entrance, and if they spot you violating it, they can ask you to leave. If you refuse to leave after a demand by the property owner, then the game changes, now you're trespassing, same as if they told you to leave because you smell bad, are harassing customers, are wearing white after Labor Day, or for any reason other than "we don't allow negroes or gays or cripples".

    There are some subtle glosses on this, but the smart money is betting this way. You can't be fined for carrying in a local park based on a local ordinance, but you can be arrested for refusing to leave upon lawful demand. So if they tell you to leave, you leave. You don't get into a Constitutional debate on the trail or in their lobby, you leave, because it's not your property (let's not get into "we the citizens own all govt property", that's not how it works). When the owner or his representative tells you to go, you go. If you think you have a strong argument, note the names of everyone involved, hire a lawyer when you get home, file a Section 1983 claim.
    Attorney Phil Kline, AKA
    Ce sac n'est pas un jouet.

  3. #853
    Join Date
    Apr 2013
    Glockin, Pennsylvania
    (Montgomery County)
    Rep Power

    Default Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania

    I've been carrying on the SRT for a long time. The signs don't mean much to me especially given preemption.

  4. #854
    Join Date
    Jan 2013
    Dover, Pennsylvania
    (York County)
    Rep Power

    Default Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania

    Many municipalities try to pawn off responsibilities on projects like this to a development corporations and authorities. Do a little digging and you will find many are nothing but an extension of government. For example, the Philadelphia convention center bans firearms but technically they can't, as they are an authority as defined by the state (back in the 40's I believe).

    From their own website, "Philadelphia Parks & Recreation - Schuylkill Banks is owned by the City of Philadelphia. Parks and Recreation manages the space in partnership with SRDC."

    As our own great GunLawyer will tell you, arguing that point on the side of the trail with a PPD officer with less than a 100 IQ, will get you nowhere (there's only one authority they know of, and it's their own, Junior...). Tape the interaction, get names, and leave. Arguments can be made later and it will keep you out of the pokey.
    Resistance to tyrants is obedience to God.

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