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Pittsburgh wants to ban guns

pennlineman

New member
Joined
Dec 30, 2018
Messages
8
According to the 18 december 18 cited article...

1. ...has applied for a permit to hold the rally outside the City-County Building
2. ...urged participants to “open carry your rifles on your shoulders and pistols on your waist.”

Uh pennlineman, where did you get the impression there will be a “state of emergency” the 7th of Jan 19?

Gov Wolf has an ongoing state of emergency declared in PA for the "opioid crises". We feel he is doing this to infringe upon our rights but we have no way of proving it.
 

solus

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Gov Wolf has an ongoing state of emergency declared in PA for the "opioid crises". We feel he is doing this to infringe upon our rights but we have no way of proving it.
Sorry, infringing on what firearms rights?

Quote 10 jan 18 article: https://www.governor.pa.gov/governo...ioid-epidemic-a-statewide-disaster-emergency/ The 13 initial initiatives are organized by three areas of focus and include:

Establishes an Opioid Command Center located at the Pennsylvania Emergency Management Agency (PEMA), which will house the Unified Opioid Coordination Group that will meet weekly during the disaster declaration to monitor implementation and progress of the initiatives in the declaration.
  • Expands Access to Prescription Drug Monitoring Program (PDMP) to Other Commonwealth Entities for Clinical Decision-Making Purposes to improve treatment outcomes and better monitor compliance among prescribers.
  • Adds Overdoses and Neonatal Abstinence Syndrome (NAS) as Reportable Conditions in Title 28, Chapter 27 to the DOH in order to increase data collection and improve outcomes in both areas.
  • Authorizes Emergency Purchase Under Procurement Code for Hotline Contract with Current Vendor, giving DDAP further emergency purchase authorization to allow the department to enter into a contract with the current drug and alcohol hotline vendor to ensure uninterrupted services.
  • Enables Emergency Medical Services providers to leave behind naloxone by amending the current Standing Order to include dispensing by first responders, including Emergency Medical Technicians (EMTs)The existing naloxone standing order and funding for naloxone to first responders has allowed for more than 5,000 lives to be saved so sufferers can be linked to treatment for substance use disorder.
  • Allows Pharmacists to Partner with Other Organizations to Increase Access to Naloxone by waiving regulations to allow pharmacists to partner with other organizations, including prisons and treatment programs to make naloxone available to at-risk individuals upon discharge from these facilities.
  • Allows for the immediate temporary rescheduling of all fentanyl derivatives to align with the federal DEA schedule while working toward permanent rescheduling.
  • Authorizes emergency purchasing under Section 516 of the Procurement Code to allow for an emergency contract to expand the advanced body scanner pilot program currently in place at Wernersville that is used on re-entrants returning to the facility. This would prevent the program from lapsing.
  • Waive the face-to-face physician requirement for Narcotic Treatment Program (NTP) admissions to allow initial intake review by a Certified Registered Nurse Practitioner (CRNP) or Physician Assistant (PA) to expedite initial intakes and streamline coordination of care when an individual is most in need of immediate attention.
  • Expand access to medication-assisted treatment (MAT) by waiving the regulatory provision to permit dosing at satellite facilities even though counseling remains at the base NTP.This allows more people to receive necessary treatments at the same location, increasing their access to all the care and chances for recovery.
  • Waive annual licensing requirements for high-performing drug and alcohol treatment facilities to allow for bi-annual licensure process which streamlines licensing functions and better allocates staff time. DDAP will request that facilities seek a waiver by filing exception requests to the annual licensing requirement.
  • Waive the fee provided for in statute for birth certificates for individuals who request a good-cause waiver by attesting that they are affected by OUD. This is of particular importance to individuals experiencing homelessness and other vulnerable populations who often cannot obtain copies of their birth certificates in order to access treatment and other benefits due to the financial requirements.
  • Waive separate licensing requirements for hospitals and emergency departments to expand access to drug and alcohol treatment to allow physicians to administer short-term MAT consistent with DEA regulations without requiring separate notice to DDAP.
Sorry missed anything applicable to firearms in the good Governor Wolf’s EOC.
 

pennlineman

New member
Joined
Dec 30, 2018
Messages
8
Sorry, infringing on what firearms rights?

Quote 10 jan 18 article: https://www.governor.pa.gov/governo...ioid-epidemic-a-statewide-disaster-emergency/ The 13 initial initiatives are organized by three areas of focus and include:

Establishes an Opioid Command Center located at the Pennsylvania Emergency Management Agency (PEMA), which will house the Unified Opioid Coordination Group that will meet weekly during the disaster declaration to monitor implementation and progress of the initiatives in the declaration.
  • Expands Access to Prescription Drug Monitoring Program (PDMP) to Other Commonwealth Entities for Clinical Decision-Making Purposes to improve treatment outcomes and better monitor compliance among prescribers.
  • Adds Overdoses and Neonatal Abstinence Syndrome (NAS) as Reportable Conditions in Title 28, Chapter 27 to the DOH in order to increase data collection and improve outcomes in both areas.
  • Authorizes Emergency Purchase Under Procurement Code for Hotline Contract with Current Vendor, giving DDAP further emergency purchase authorization to allow the department to enter into a contract with the current drug and alcohol hotline vendor to ensure uninterrupted services.
  • Enables Emergency Medical Services providers to leave behind naloxone by amending the current Standing Order to include dispensing by first responders, including Emergency Medical Technicians (EMTs)The existing naloxone standing order and funding for naloxone to first responders has allowed for more than 5,000 lives to be saved so sufferers can be linked to treatment for substance use disorder.
  • Allows Pharmacists to Partner with Other Organizations to Increase Access to Naloxone by waiving regulations to allow pharmacists to partner with other organizations, including prisons and treatment programs to make naloxone available to at-risk individuals upon discharge from these facilities.
  • Allows for the immediate temporary rescheduling of all fentanyl derivatives to align with the federal DEA schedule while working toward permanent rescheduling.
  • Authorizes emergency purchasing under Section 516 of the Procurement Code to allow for an emergency contract to expand the advanced body scanner pilot program currently in place at Wernersville that is used on re-entrants returning to the facility. This would prevent the program from lapsing.
  • Waive the face-to-face physician requirement for Narcotic Treatment Program (NTP) admissions to allow initial intake review by a Certified Registered Nurse Practitioner (CRNP) or Physician Assistant (PA) to expedite initial intakes and streamline coordination of care when an individual is most in need of immediate attention.
  • Expand access to medication-assisted treatment (MAT) by waiving the regulatory provision to permit dosing at satellite facilities even though counseling remains at the base NTP.This allows more people to receive necessary treatments at the same location, increasing their access to all the care and chances for recovery.
  • Waive annual licensing requirements for high-performing drug and alcohol treatment facilities to allow for bi-annual licensure process which streamlines licensing functions and better allocates staff time. DDAP will request that facilities seek a waiver by filing exception requests to the annual licensing requirement.
  • Waive the fee provided for in statute for birth certificates for individuals who request a good-cause waiver by attesting that they are affected by OUD. This is of particular importance to individuals experiencing homelessness and other vulnerable populations who often cannot obtain copies of their birth certificates in order to access treatment and other benefits due to the financial requirements.
  • Waive separate licensing requirements for hospitals and emergency departments to expand access to drug and alcohol treatment to allow physicians to administer short-term MAT consistent with DEA regulations without requiring separate notice to DDAP.
Sorry missed anything applicable to firearms in the good Governor Wolf’s EOC.

Pa is an open carry state without need for a carry permit. When a state of emergency is declared only those who have a license to carry a firearm are allowed to carry openly, everybody else is forbidden. He continues to renew the state of emergency time and again. Is opioid use the grounds for a state of emergency is a better question. I think not.
 
Last edited:

solus

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Messages
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here nc
Pa is an open carry state without need for a carry permit. When a state of emergency is declared only those who have a license to carry a firearm are allowed to carry openly, everybody else is forbidden. He continues to renew the state of emergency time and again. Is opioid use the grounds for a state of emergency is a better question. I think not.
I am sorry pennlineman, I failed to recognize you are a new member an might not be aware of this membership’s adhering to specific forum rules...located here:
https://xf.opencarry.org/index.php?help/rules/

5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.

So, when you have a PA statutory cite(s) so all members might engage in this discussion after reading the cite(s) [hint there are two cites you should provide]
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,778
Location
here nc
I am sorry pennlineman, I failed to recognize you are a new member an might not be aware of this membership’s adhering to specific forum rules...located here:
https://xf.opencarry.org/index.php?help/rules/

5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.

So, when you have a PA statutory cite(s) so all members might engage in this discussion after reading the cite(s) [hint there are two cites you should provide]
Added: according to hangunlaw.us
Quote Open Carry is legal except a valid permit/license is needed to carry a loaded handgun openly or concealed in a vehicle and for openly carrying in the city of Philadelphia. Unquote

So how do PA citizens OC amongstmthe populace and to events w/o a permit/license?
 

color of law

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Messages
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Cincinnati, Ohio, USA
Pa is an open carry state without need for a carry permit. When a state of emergency is declared only those who have a license to carry a firearm are allowed to carry openly, everybody else is forbidden. He continues to renew the state of emergency time and again. Is opioid use the grounds for a state of emergency is a better question. I think not.
No free speech I guess. What about quartering of troops? What other rights are suspended?
 

pennlineman

New member
Joined
Dec 30, 2018
Messages
8
I am sorry pennlineman, I failed to recognize you are a new member an might not be aware of this membership’s adhering to specific forum rules...located here:
https://xf.opencarry.org/index.php?help/rules/

5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.

So, when you have a PA statutory cite(s) so all members might engage in this discussion after reading the cite(s) [hint there are two cites you should provide]
From the attorney who represents us. https://blog.princelaw.com/2018/01/...arm-rights-by-proclaiming-state-of-emergency/
 

pennlineman

New member
Joined
Dec 30, 2018
Messages
8
Added: according to hangunlaw.us
Quote Open Carry is legal except a valid permit/license is needed to carry a loaded handgun openly or concealed in a vehicle and for openly carrying in the city of Philadelphia. Unquote

So how do PA citizens OC amongstmthe populace and to events w/o a permit/license?
Legally, you don't.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,778
Location
here nc
Pa is an open carry state without need for a carry permit. When a state of emergency is declared only those who have a license to carry a firearm are allowed to carry openly, everybody else is forbidden. He continues to renew the state of emergency time and again. Is opioid use the grounds for a state of emergency is a better question. I think not.
Added: according to hangunlaw.us
Quote Open Carry is legal except a valid permit/license is needed to carry a loaded handgun openly or concealed in a vehicle and for openly carrying in the city of Philadelphia. Unquote

So how do PA citizens OC amongst the populace and to events w/o a permit/license?
Legally, you don't.
Seems to this member there is a slight contradiction?

See part duex below...
 

solus

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Gov Wolf has an ongoing state of emergency declared in PA for the "opioid crises". We feel he is doing this to infringe upon our rights but we have no way of proving it.
Now PA 6107 states, quote
6107. Prohibited conduct during emergency.
(a) No person shall carry a firearm, rifle or shotgun upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:
(1) Actively engaged in a defense of that person's life or property from peril or threat.
(2) Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license). Unquote.

Now, pennlineman, my non-lawyer mind reads 6107, that when/if a SoE is duly declared, 6107 (2) allows PA citizen(s) who have their duly obtained carry license IAW provisions of PA statute 6109 to carry their permitted firearms, even during the Governor’s Jan 18 SoE declaration against the opioid crisis.

Now per the Wendy’s ad...where’s the beef?
 

pennlineman

New member
Joined
Dec 30, 2018
Messages
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Now PA 6107 states, quote
6107. Prohibited conduct during emergency.
(a) No person shall carry a firearm, rifle or shotgun upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:
(1) Actively engaged in a defense of that person's life or property from peril or threat.
(2) Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license). Unquote.

Now, pennlineman, my non-lawyer mind reads 6107, that when/if a SoE is duly declared, 6107 (2) allows PA citizen(s) who have their duly obtained carry license IAW provisions of PA statute 6109 to carry their permitted firearms, even during the Governor’s Jan 18 SoE declaration against the opioid crisis.

Now per the Wendy’s ad...where’s the beef?

Look, I'm not a lawyer, ask him. I didn't come here to start a pissing contest with "This member" Member... get it? Somebody posted in this thread about a rally, Since then one has been organized. If anybody wishes to attend is welcomed and appreciated. Be aware of the state of emergency, if you carry have a LTCF that is recognized in our state. Additional information about the rally can be found in my first post in this thread.
 

solus

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No pennlineman, i am sure you didn’t, you just posted on this nationally recognized OC forum, unsubstantiated firearm carry information is all.

By the way, who is the ‘we’ and who is the ‘us’ you kept using during your posts?
 

color of law

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There is no case law addressing 18 Pa.CS § 6107. And, I would bet it hasn't been challenged is because it would be found unconstitutional or in conflict with 42 USC 5207. If the state received Federal funds dealing with the, so called, emergency then confiscating firearms could be in direct violation of federal law.
 

DrMark

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Hampton Roads, Virginia, USA
Pa is an open carry state without need for a carry permit. When a state of emergency is declared only those who have a license to carry a firearm are allowed to carry openly, everybody else is forbidden. He continues to renew the state of emergency time and again.
Thanks for clearing that up.
 

BB62

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Is it accurate to say that under Pennsylvania law there are no legal or financial repercussions for governmental entities that violate the preemption statute?
 

BB62

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I came across this tidbit in a post on the PAFOA (PA Firearm Owners Association) forum: "The City of Pittsburgh knows that what they’re doing is illegal and constitute criminal violations of the law." (my underline)

Well, that's very nice, but as at least one member of OCDO has counselled others, you don't want preemption violations to be criminal *only*, because guess who makes the decision of whether or not to go after a public body or official? That's right - a prosecutor who may be as anti-gun as you are pro-gun!

Civil, baby!

http://forum.pafoa.org/showthread.php?t=342075&page=65&p=3911906#post3911906
 

solus

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per https://www.post-gazette.com/local/...gulations-before-and-won/stories/201901040129 quote

In 2013, Mr. Dillon was told by the Erie solicitor that protesters in a city park could not carry guns per an ordinance. His initial appeal to the state Supreme Court, asking them to step in and block the enforcement of the ordinance, was unsuccessful, and when he went ahead with the protest, he and seven others were charged.

On appeal in 2014, the Commonwealth Court of Pennsylvania found that state law prohibits municipalities and counties from regulating firearms or ammunition "ownership, possession, transfer or transportation" in any way that differs from state regulations. Charges against Mr. Dillon were overturned, and later that year Erie officially repealed the city park gun ban.

According to Mr. Dillon, the proposed Pittsburgh regulations violate the same state law as Erie's. At a press conference for the legislation in December, Mayor Bill Peduto said the city was willing to challenge the constitutionality of the state law if need be.

Mr. Dillon’s read on that: "They want us to obey the law, but they say they're not going to.”

The planned protest, which is scheduled to start at noon Monday, is intended to "show that we're not silent. The Second Amendment is important to us," Mr. Dillon said. unquote
 
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