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Judge upholds Lancaster's ban on firing guns
AP/pennlive.com ^ | 2 April, 2009 | AP

Posted on 04/04/2009 7:25:30 AM PDT by marktwain

Edited on 04/04/2009 7:27:49 AM PDT by Admin Moderator. [history]

LANCASTER -- A Lancaster ordinance barring people from firing guns has passed its first court test.

Lancaster resident Curtis Swinton, who has a permit to legally carry a concealed weapon, was charged after he fired a gun in a restaurant parking lot in December 2007. He told police his cousin was being beaten up and he fired a warning shot to disperse the assailants. No one was injured.


(Excerpt) Read more at pennlive.com ...


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: Pennsylvania
KEYWORDS: banglist; ccw; pennsylvania; warning
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I bet the judge is counting on the victim being to broke to appeal this judgement.
1 posted on 04/04/2009 7:25:30 AM PDT by marktwain
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To: marktwain

Here in Arizona “warning shots” aren’t allowed. If I fired one, I would expect to be prosecuted.


2 posted on 04/04/2009 7:29:43 AM PDT by ChocChipCookie ("Let his days be few, and let another take his office." Psalm 109:8)
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To: ChocChipCookie
Here in Arizona “warning shots” aren’t allowed. If I fired one, I would expect to be prosecuted.

And they're always a bad idea anyway.

Mark

3 posted on 04/04/2009 7:31:23 AM PDT by MarkL (Do I really look like a guy with a plan?)
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Comment #4 Removed by Moderator

To: marktwain

Never display a weapon unless you plan to use it...and firing a warning shot is frankly dumb......you may need that round.....


5 posted on 04/04/2009 7:32:35 AM PDT by cbkaty (I may not always post...but I am always here......)
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To: ChocChipCookie
In Nevada they really discourage warning shots. If the situation is that serious just take care of bizness.
6 posted on 04/04/2009 7:33:09 AM PDT by mad_as_he$$ (Nemo me impune lacessit)
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To: JackRyanCIA

“Right, that’s why you shoot them right between the eyes!”

That IS a warning shot.

It warns other perps and would be perps that you’re serious and the consequences are real.


7 posted on 04/04/2009 7:34:48 AM PDT by G Larry (Obama's plan = "STEALING FROM THOSE WHO CREATE THE JOBS!")
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To: marktwain

This clearly violates the pre-emption of firearm laws in Pennsylvania where only the state can enact gun laws.

This is what is stopping Philadelphia from banning all firearms.

This is a county judge. Once this reaches the state level, it will be declared void.


8 posted on 04/04/2009 7:36:00 AM PDT by Erik Latranyi (Too many conservatives urge retreat when the war of politics doesn't go their way.)
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To: cbkaty

I am not a gun guy buy I have always thought the rules of weapon handling are:

1. Always assume a weapon is loaded
2. Never point a weapon at something you do not intend to kill/destroy


9 posted on 04/04/2009 7:37:38 AM PDT by freedumb2003 (Communism comes to America: 1/20/2009. Keep your powder dry, folks.)
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To: freedumb2003

You can add a few to that...

Never put your finger on the trigger until you are about to shoot it.

Never fire a warning shot

Never shoot to kill, always shoot to stop the threat. Keep shooting until you no longer feel your life is in danger. If he dies, he dies...but that’s not your objective, and at the same time, it’s not your objective to make sure he lives either.


10 posted on 04/04/2009 7:44:23 AM PDT by mamelukesabre (Si Vis Pacem Para Bellum (If you want peace prepare for war))
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To: marktwain

Pulling the Weapon is the Warning! wasting a round is stupid.


11 posted on 04/04/2009 7:45:51 AM PDT by Cheetahcat (Osamabama the Wright kind of Racist!)
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To: freedumb2003
How true.....

1.All guns are always loaded!

2.Never let the muzzle cover anything you are not willing to destroy!

3.Keep your finger off the trigger until your sights are on the target!

4.Always be sure of your target!

The National Rifle Association has rendered them into just THREE2 basic "always keep" rules…

A.Always keep the gun pointed in a safe direction.

B.Always keep your finger off the trigger until ready to shoot.

C.Always keep the gun unloaded until ready to use.

Nothing in these rules regarding a warning shot.....that bullet landed somewhere.

12 posted on 04/04/2009 7:47:33 AM PDT by cbkaty (I may not always post...but I am always here......)
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To: marktwain

Just wait until we all start carrying those silent laser pistols.

Who is going to have the last laugh when fiction becomes reality?


13 posted on 04/04/2009 7:49:06 AM PDT by Eye of Unk ("If there must be trouble, let it be in my day, that my child may have peace." T. Paine)
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To: cbkaty; mamelukesabre

Those are great — I am going to buy my wife a gun in the next few weeks and I wanted to be sure she has the important list of rules.


14 posted on 04/04/2009 7:50:54 AM PDT by freedumb2003 (Communism comes to America: 1/20/2009. Keep your powder dry, folks.)
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To: marktwain

SHITE! The victim survived, that’s no fun.


15 posted on 04/04/2009 7:53:57 AM PDT by Waco (Plan B. Try genocide, shall we)
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To: cbkaty

The NRA says keep guns unloaded?

What a crock.


16 posted on 04/04/2009 7:58:43 AM PDT by mamelukesabre (Si Vis Pacem Para Bellum (If you want peace prepare for war))
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To: mamelukesabre
As a lifetime NRA member, I don't recall any rules from the NRA about keeping guns that you plan to use for self defense unloaded.

Why carry concealed if the gun is empty?

Why have a 357 in the bedstand that is empty?

My three pistols and two shotguns that I have for self defense are all loaded because if any one of them would be needed for self defense I'm sure the intruder wouldn't respond to a time out while I load my weapon.

17 posted on 04/04/2009 8:15:24 AM PDT by USS Alaska (Nuke the terrorist savages - In Honor of Standing Wolf)
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To: ChocChipCookie; MarkL
“Here in Arizona “warning shots” aren’t allowed. If I fired one, I would expect to be prosecuted.”


What law are you referring to? I teach CCW in Arizona, and I do not know of any blanket provision prohibiting “warning shots” though I think that they are almost always a bad idea.
18 posted on 04/04/2009 8:41:29 AM PDT by marktwain
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To: USS Alaska

“As a lifetime NRA member, I don’t recall any rules from the NRA about keeping guns that you plan to use for self defense unloaded.”

Agree; as a NRA member for the past thirty years or so I have never seen this either. “C.Always keep the gun unloaded until ready to use.” However, if the statement does indeed exist in NRA doc’s, it’s my guess that it comes down to the “ready to use” portion of the statement. As an example, when a gun is placed on one’s nightstand or in one’s glovebox it is “ready to use” and thereby should be loaded. Just guessing though and too lazy to do a search of NRA database...


19 posted on 04/04/2009 8:43:56 AM PDT by snoringbear (Government is the Pimp,)
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To: USS Alaska

Warning Shot?!?!!

Sam Colt invented a gun with six rounds for one purpose, deliver those six rounds accurately. I believe Mr. Browning’s invention was designed with the same goal in mind. Neither of them believed in warning shots.

“When in doubt, shoot ‘till it changes shape.”

Scouts Out!


20 posted on 04/04/2009 8:49:53 AM PDT by stumpjumper
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