Pennsy open carry
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Thread: Pennsy open carry

  1. Pennsy open carry

    I heard that OC on foot is allowed, even for non-residence. It's not in the stautes... so how is this conclusion brought about? They inform you what you're NOT allowed to do, so that leaves anything else that you can do lawfully?

    Cops don't know the law, the PAFOA THINKS they know the law, some of it yeah, other parts maybe?

    I try to get a hold of Attorney generals office, and they never return your calls.

    I called Philly permit division and they told me I was good to go with my utah permit to carry in philly. Oh, but the PAFOA tells me that Philly passed a law, that is against PA law. Who should I believe?

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  3. #2
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    1. Open carry is lawful in Pennsylvania, PERIOD.
    2. You must have a PA LTCF or recognized equivalent to carry in Philadelphia AT ALL.
    3. Firearms laws are preempted at the state level in Pennsylvania, just as they are in Ohio.

    Philadelphia can pass a law banning open carry. They can pass a law banning concealed carry. They can pass a law requiring you to join the Shinto religion. All of those laws are null and void on their face and unenforceable. Any LEO who tries to enforce them pierces his own qualified immunity and is subject to a Federal 1983 civil rights suit.

  4. agreed

    BUT, a trip ($$) to the gallows in the mean time is inevitable.

  5. #4
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    Quote Originally Posted by milboltnut View Post
    BUT, a trip ($$) to the gallows in the mean time is inevitable.
    Criminality and bullying always escalate.

    Nip it in the bud, lest you end up like Chicago or New Orleans... and indeed Philadelphia.

  6. Criminality and bullying always escalate.
    What do you mean, the more they criminalize me the worse it will be for them?

  7. #6
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    Quote Originally Posted by milboltnut View Post
    What do you mean, the more they criminalize me the worse it will be for them?
    No bully or criminal stops being a bully or a criminal when he gets what he wants by BEING a bully or a criminal.

    When you allow the police to commit crimes and civil torts with impunity, the nature of those crimes and civil torts always worsens. That's why both the Chicago and Philadelphia Police Departments have recently had armed robbery rings operating inside of them.

    If you want an out of control police force, do nothing to control it. I guarantee you it'll happen all by itself.

  8. #7
    Quote Originally Posted by Deanimator View Post
    1. Open carry is lawful in Pennsylvania, PERIOD.
    2. You must have a PA LTCF or recognized equivalent to carry in Philadelphia AT ALL.
    3. Firearms laws are preempted at the state level in Pennsylvania, just as they are in Ohio.

    Philadelphia can pass a law banning open carry. They can pass a law banning concealed carry. They can pass a law requiring you to join the Shinto religion. All of those laws are null and void on their face and unenforceable. Any LEO who tries to enforce them pierces his own qualified immunity and is subject to a Federal 1983 civil rights suit.
    In Minich v. County of Jefferson, 919 A.2d 356, 361 (Pa. Commw. Ct. 2007), the court upheld an ordinance prohibiting the possession of weapons in county buildings, stating that the Pennsylvania right to bear arms may be restricted “for the good order of society and the protection of the citizens" and that "Section 509(a) of the County Code allows county commissioners to adopt ordinances regulating the affairs of a county. Section 509(c) of the County Code allows county commissioners to prescribe fines and penalties for violations of a “public safety” ordinance. 16 P.S. §509(c). Here, the County ordinance regulates the affairs of the County, specifically the safety of members of the public who enter the Jefferson County Court House."

    State law did not preempt the county law in that case.


  9. #9
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    Quote Originally Posted by nogods View Post
    In Minich v. County of Jefferson, 919 A.2d 356, 361 (Pa. Commw. Ct. 2007), the court upheld an ordinance prohibiting the possession of weapons in county buildings, stating that the Pennsylvania right to bear arms may be restricted “for the good order of society and the protection of the citizens" and that "Section 509(a) of the County Code allows county commissioners to adopt ordinances regulating the affairs of a county. Section 509(c) of the County Code allows county commissioners to prescribe fines and penalties for violations of a “public safety” ordinance. 16 P.S. §509(c). Here, the County ordinance regulates the affairs of the County, specifically the safety of members of the public who enter the Jefferson County Court House."

    State law did not preempt the county law in that case.
    Minich
    See posts 7 and 8.

  10. ?????

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