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Novel new law prompts towns to agree to rescind gun measures
AP via Yahoo News ^ | 1/11/15 | MICHAEL RUBINKAM

Posted on 01/11/2015 7:47:29 PM PST by Kartographer

Gun-rights groups complained that scores of municipalities have ignored the 40-year-old prohibition by passing their own, mainly unchallenged gun measures.

Under the new state law, gun owners no longer have to prove they have been harmed by the local measure to successfully challenge it, and "membership organizations" like the National Rifle Association can stand in to sue on behalf of any Pennsylvania member. The challenger can also seek damages.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Constitution/Conservatism; Government; US: Pennsylvania
KEYWORDS: banglist
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This is works because: "The challenger can also seek damages."
1 posted on 01/11/2015 7:47:29 PM PST by Kartographer
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To: Kartographer

“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.”

Robert A. Heinlein, Beyond This Horizon


2 posted on 01/11/2015 7:48:46 PM PST by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: Kartographer

The Pennsylvania Attorney General has refused to defend this law in Court on behalf of the state and, and has left it to the Governor. Unfortunately, the newly elected Governor is a gun control Democrat.

A Grand Jury has recommended that felony criminal charges be filed against the current Democrat Attorney General for abuse of office in a different matter.


3 posted on 01/11/2015 7:57:51 PM PST by Sasparilla
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To: Kartographer

Anything to fight back against tyranny.


4 posted on 01/11/2015 8:12:11 PM PST by wastedyears (I may be stupid, but at least I'm not Darwin Awards stupid.)
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To: Sasparilla

Corbett is still Gov until Jan 20. The commie Wolf can’t do squat before then.


5 posted on 01/11/2015 8:32:31 PM PST by smoothsailing
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To: Kartographer

“and it absolutely sends the wrong message to try to rescind those ordinances” said the Harrisburg Mayor, which I assume must mean that he considers the RIGHT message to be that bankrupt Harrisburg should continue to flout the 40 year old state law with its illegal and unenforceable ordinances while risking unnecessary and pointless litigation and damages expenditures.


6 posted on 01/11/2015 8:37:22 PM PST by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: Kartographer

7 posted on 01/11/2015 9:12:34 PM PST by QT3.14 (GOP: Dead party walking ?)
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To: Kartographer

In Pennsylvania, if you legally own a handgun, and you do not have a permit to carry, you cannot legally transport your handgun in a car unless it is to or from a very few enumerated locations; hunting location, gunsmith’s, target range, etc. If you want to take your new handgun over to your brother’s house to show him, you’ll have to walk, you cannot transport it in your car.


8 posted on 01/12/2015 12:17:48 AM PST by Born to Conserve
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To: Born to Conserve
It is my understanding that in PA the same applies for long guns. The difference is long guns you do not need a general permit to own the way they do for handguns. As a new resident in PA (well, I pay property taxes here now) I raised these questions at a gunshow this past weekend and I was told that you do not need a permit to transport a long gun, so long as it is open carried, like on the seat next to you. I don't believe I was being correctly advised.

Basically where I am at is I have a farm and 70 acres, and I need a utilityrifle at a minimum. I have no interest in having any paperwork telling anyone from the government that I might own a firearm... so going to a dealer and running a NICS check is out, pistol ownership is out... but even a private sale... it would have to be on my property and if I were to go to the local gun club range... I would have to walk there with my rifle open carried. The law says "vehicle" not "motor vehicle" so my Amish buggy could be seized if I am found transporting a plinker.

9 posted on 01/12/2015 3:12:29 AM PST by Rodamala
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To: Sasparilla

“A Grand Jury has recommended that felony criminal charges be filed against the current Democrat Attorney General for abuse of office in a different matter.”....

Sounds like there are still some people with common sense in Pennsylvania. Hope they succeed in finding the demodummie guilty.


10 posted on 01/12/2015 4:11:24 AM PST by DaveA37
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To: Rodamala

You can transport your firearms from your home, to your farm without a permit. Just be certain they are unloaded and in the trunk. No ammo in magazines either.


11 posted on 01/12/2015 4:31:34 AM PST by Clean_Sweep
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To: Born to Conserve

The main reason I got my CC card was because of this law. I travel around the state to hunt and my fear is running into a Statey with a hard on for guns...the CC card ends that problem.


12 posted on 01/12/2015 4:49:03 AM PST by major_gaff (University of Parris Island, Class of '84)
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To: Kartographer

Interesting how the media manipulates people just by their headlines.

We have a “Novel” law here in Texas that sets the statewide driving age at 16 years. And, sure enough, some of the nannies in some towns think that’s too young, and yes, high school kids do get into accidents and get killed and maimed.

So when the town of Conroe, north of Houston, thought that drivers need to be older, they raised the driving age to 19. It is ILLEGAL for anyone under 19 to drive in, or through Conroe, and they will be arrested.

Oh, you haven’t heard of it? That’s because it doesn’t exist, because we have this “Novel” state law that PROHIBITS towns and counties from setting their own driving age...the state, due to its “Novel” law pre-empts any of that. So Conroe is simply out of luck.


13 posted on 01/12/2015 5:26:34 AM PST by BobL (REPUBLICANS - Fight for the WHITE VOTE...and you will win.)
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To: Clean_Sweep
The farm is my home...

Anyways, this is the statute of concern to me:

18 Pa.C.S. § 6106: Firearms not to be carried without a license

(a) Offense defined.--
  (1) Except as provided in paragraph (2), any
person who carries a firearm in any vehicle
or any person who carries a firearm concealed on
or about his person, except in his place of abode
or fixed place of business, without a valid and
lawfully issued license under this chapter commits
a felony of the third degree.

BUT... here in paragraph (b) of that same statute, is the one exception that I see that relieves me from being a felon:

(b) Exceptions.--The provisions of subsection (a) shall not apply to:
  (8) Any person while carrying a firearm which is not
loaded and is in a secure wrapper from the place of purchase to his home or place of business, or to a place
of repair, sale or appraisal or back to his home or
place of business, or in moving from one place of abode
or business to another or from his home to a vacation or
recreational home or dwelling or back, or to
recover stolen property under section 6111.1(b)(4)
(relating to Pennsylvania State Police), or to a place
of instruction intended to teach the safe handling, use
or maintenance of firearms or back or to a location to
which the person has been directed to relinquish
firearms under 23 Pa.C.S. § 6108 (relating to relief)
or back upon return of the relinquished firearm or to a
licensed dealer's place of business for relinquishment
pursuant to 23 Pa.C.S § 6108.2 (relating to
relinquishment for consignment sale, lawful transfer or
safekeeping) or back upon return of the relinquished
firearm or to a location for safekeeping pursuant to 23
Pa.C.S. § 6108.3 (relating to relinquishment to third
party for safekeeping) or back upon return of the
relinquished firearm.

Still, I have a sneaking suspicion that I will need to have, on speeddial, a scumbag lawyer (trust me, I am being polite... I really don't like lawyers) if I am pulled over, because, afterall, ignorance of the law has proven itself as an valid excuse for law enforcement to define the law however they so choose.

You should note that as far as exceptions goes, the black and white text of Title 18 Pa.C.S. §6106(a)(1) refers to §6106(a)(2), NOT not §6106(b). Further, §6106(a)(2) does not refer to the exceptions listed in §6106(b), either.

14 posted on 01/12/2015 6:22:13 AM PST by Rodamala
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To: BobL
"Texas mom discovers WEIRD TRICK to allow her 16 year-old daughter to drive through Conroe, Texas... CLICK HERE to discover her secret."
15 posted on 01/12/2015 6:33:44 AM PST by Rodamala
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To: Rodamala
The difference is long guns you do not need a general permit to own the way they do for handguns.

There is no such thing as a "general permit to own" a handgun.

Or a specific permit, for that matter.

You pass the background check, you fill out the forms, you take the handgun home.

No permits required.

16 posted on 01/12/2015 6:45:02 AM PST by SoothingDave
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To: Kartographer

Makes one wonder how this all started in the old west in cities like Dodge and Tombstone wear carrying was outlawed by city ordinance.


17 posted on 01/12/2015 8:24:41 AM PST by Resolute Conservative
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To: SoothingDave
Submitting myself to an NICS check is unacceptable as I desire no paper trail in the government's vast unexpungable database insinuating that I might have access to a firearm.
18 posted on 01/12/2015 9:43:47 AM PST by Rodamala
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To: Rodamala

Now THAT is one of the FUNNIEST posts that I have ever seen!!

The wording is EXACTLY like the Internet ads...you do have a second career!


19 posted on 01/12/2015 4:25:19 PM PST by BobL (REPUBLICANS - Fight for the WHITE VOTE...and you will win.)
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To: BobL

You could have enjoyed the full experience if Jim allowed popup ads of weird looking fruit that looks like shark eyeballs in the palm of my hand or maybe an animated one of a 25 year old chick in yoga pants and a sports bra barely containing her DDs... you know, on a treadmill... or maybe a photoshopped picture of some girl with 4 eyes and 2 mouths?


20 posted on 01/12/2015 4:35:09 PM PST by Rodamala
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