Within the state of Pennsylvania to carry a concealed weapon you are required to obtain a License to Carry Firearms. This is a process wherein you go to the county sheriff's department and fill out the application and pay a nominal fee. In Erie county the process is simple. You are "required to have a valid Pennsylvania state drivers license, the fee is $26.00, and at that time they will take a photo of you." ("Erie county sheriff's,") After you complete these steps the sheriff's office will begin their investigative process.
The process itself has a time limit of 45 days for completion, but can be completed sooner. During this time they check that the applicant has not lost their right to carry "in accordance with 18 PA C.S. section 6109." ("Carrying firearms in," ) If any violations are found then they will be denied the license. In addition if the applicant's reputation or character is in question they may deny the applicant.
Should the applicant be approved to carry in a concealed capacity they will be issued a license. "This is valid for 5 years, unless revoked sooner." ("§ 33.115. pennsylvania," 2001) This could be due to misuse or related criminal conduct. In all the original plus two copies will be in existence. The original is given to the licensee, the first copy sent to the Pennsylvania State Police, and the second copy is kept on file with the issuing authority. They retain this copy for a period of six years.
Still the license to carry, does not mean you can go and buy a firearm. All individuals are still required to go through the standard background check for purchase.
§ 33.115. pennsylvania license to carry firearms. (2001, February 23). Retrieved from http://www.pacode.com/secure/data/037/chapter33/s33.115.html
Carrying firearms in pennsylvania. (n.d.). Retrieved from http://www.portal.state.pa.us/portal/server.pt?open=512&objID=4451&&PageID=462424&level=2&css=L2&mode=2
Erie county sheriff's department. Retrieved from http://eriecountygov.org/sheriff/divisions/firearms.aspx
Saturday, February 19, 2011
Saturday, February 12, 2011
Pennsylvania open carry and the Dickson City incident
The state of Pennsylvania allows citizens to openly carry their handguns with no permit being required. For some people the right of open carry is one they exercise to the fullest. For others it is something they can not understand, and often feel uneasy in the presence of those who do carry. As many people do not know the laws in their own state it leads to fear and police involvement.
As an example in May of 2008 members of the Pennsylvania Firearm Owners Association met for an open carry dinner at The Old Country Buffet in Dickson City. (Damage control, 2008) As a result patrons inside who were unaware of the law and uneasy with the idea complained to management who in turn called the local law enforcement. When the officers arrived they proceeded to insist that everyone one open carrying come outside with them.
As members of the group went outside they were told to produce identification and permits, which several members of the group say is not necessary when you open carry. As one wife filmed the proceedings they told her to stop filming and when she refused to consent the officers demanded she stop she complied, but let them know she did not consent. A long process of owner and gun identification followed, with the district attorney's office involved looking up case law to try and figure out if the group broke any law.
One member of the group who refused to produce papers at the time was Rich Banks. He did however agree to verbally identify himself, and found himself cuffed and in the back of a cruiser before it was all over. "At the time the officers placed him under arrest he did inform the officers that he was also carrying a concealed weapon." (armed_citizen, 2008) That had an end result of being confiscated until he could prove ownership, as it was not listed in the database. Pennsylvania does not have a registration requirement for handguns.
Damage control, . (2008, April 11). Pa. patriot arrested at the oc dinner @ the old country buffet in dickson city 5/9 [Online Forum Comment]. Retrieved from http://forum.pafoa.org/open-carry-144/21292-pa-patriot-arrested-oc-dinner-old-country-buffet-dickson-city-5-9-a.html
armed_citizen, . (2008, May 21). The dickson city police report - what we expected, only worse . Retrieved from http://guntruth.blogspot.com/2008/05/dickson-city-police-report-what-we.html
As an example in May of 2008 members of the Pennsylvania Firearm Owners Association met for an open carry dinner at The Old Country Buffet in Dickson City. (Damage control, 2008) As a result patrons inside who were unaware of the law and uneasy with the idea complained to management who in turn called the local law enforcement. When the officers arrived they proceeded to insist that everyone one open carrying come outside with them.
As members of the group went outside they were told to produce identification and permits, which several members of the group say is not necessary when you open carry. As one wife filmed the proceedings they told her to stop filming and when she refused to consent the officers demanded she stop she complied, but let them know she did not consent. A long process of owner and gun identification followed, with the district attorney's office involved looking up case law to try and figure out if the group broke any law.
One member of the group who refused to produce papers at the time was Rich Banks. He did however agree to verbally identify himself, and found himself cuffed and in the back of a cruiser before it was all over. "At the time the officers placed him under arrest he did inform the officers that he was also carrying a concealed weapon." (armed_citizen, 2008) That had an end result of being confiscated until he could prove ownership, as it was not listed in the database. Pennsylvania does not have a registration requirement for handguns.
Damage control, . (2008, April 11). Pa. patriot arrested at the oc dinner @ the old country buffet in dickson city 5/9 [Online Forum Comment]. Retrieved from http://forum.pafoa.org/open-carry-144/21292-pa-patriot-arrested-oc-dinner-old-country-buffet-dickson-city-5-9-a.html
armed_citizen, . (2008, May 21). The dickson city police report - what we expected, only worse . Retrieved from http://guntruth.blogspot.com/2008/05/dickson-city-police-report-what-we.html
Saturday, February 5, 2011
History making laws
The right of American citizens to keep and bear arms comes from the second amendment to the Constitution, and states "A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed." ("Bill of rights," 2011) Within this one amendment our founding fathers could not know the future trouble and debates that would arise. Numerous laws and regulations at every level of government have arisen in the last half century.
As people find more ways with which to commit crimes using guns. Governments find more ways to regulate their purchase and use. Two of the biggest changes came from the assassination of President Kennedy with the enactment of the "Gun Control Act of 1968. Then the attempted assassination of President Reagan in 1981 led to the "Brady Bill" signed into law in 1993." ("Brady background checks," 2011 )
As the debate rages on today over the second amendment and its intent. People find themselves with many opinions to consider. A statement made by many advocates of the second amendment is laws do not prevent criminals from getting and using guns. They only prevent those who follow the law from owning guns. As more information is uncovered about the wide range of laws in existence there may be credence given to that sentiment.
Bill of rights transcript. (2011, February). Retrieved from http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
Brady background checks the brady law. (2011, February). Retrieved from http://www.bradycampaign.org/legislation/backgroundchecks/bradylaw
As people find more ways with which to commit crimes using guns. Governments find more ways to regulate their purchase and use. Two of the biggest changes came from the assassination of President Kennedy with the enactment of the "Gun Control Act of 1968. Then the attempted assassination of President Reagan in 1981 led to the "Brady Bill" signed into law in 1993." ("Brady background checks," 2011 )
As the debate rages on today over the second amendment and its intent. People find themselves with many opinions to consider. A statement made by many advocates of the second amendment is laws do not prevent criminals from getting and using guns. They only prevent those who follow the law from owning guns. As more information is uncovered about the wide range of laws in existence there may be credence given to that sentiment.
Bill of rights transcript. (2011, February). Retrieved from http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
Brady background checks the brady law. (2011, February). Retrieved from http://www.bradycampaign.org/legislation/backgroundchecks/bradylaw
Subscribe to:
Posts (Atom)