SJG26
member
My township recently relocated the local magistrate court to the Boro
Hall----in accordance with PA §913 Firearms ARE NOT permitted in a
court facility -------on that point I understand completely:
"§ 913. Possession of firearm or other dangerous weapon in court
facility. (a) Offense defined.--A person commits an offense if he:
knowingly possesses a firearm or other dangerous weapon in a court
facility or knowingly causes a firearm or other dangerous weapon to
be present in a court facility; or knowingly possesses a firearm or
other dangerous weapon in a court facility with the intent that the
firearm or other dangerous weapon be used in the commission of a
crime or knowingly causes a firearm or other dangerous weapon to be
present in a court facility with the intent that the firearm or other
dangerous weapon be used in the commission of a crime."
They posted accordingly:
"(d) Posting of notice.--Notice of the provisions of subsections (a)
and (e) shall be posted conspicuously at each public entrance to each
courthouse or other building containing a court facility and each
court facility, and no person shall be convicted of an offense under
subsection (a)(1) with respect to a court facility if the notice was
not so posted at each public entrance to the courthouse or other
building containing a court facility and at the court facility unless
the person had actual notice of the provisions of subsection (a)."
Via e-mail and office visits, I notified the boro manager that they
ommitted a provision of the statute:
"(e) Facilities for checking firearms or other dangerous weapons.--
Each county shall make available at or within the building containing
the court facility by July 1, 2002, lockers or similar facilities at
no charge or cost for the temporary checking of firearms by persons
carrying firearms under section 6106(b) or 6109 or for the checking
of other dangerous weapons that are not otherwise prohibited by law.
Any individual checking a firearm, dangerous weapon or an item deemed
to be a dangerous weapon at a court facility must be issued a
receipt. Notice of the location of the facility shall be posted as
required under subsection (d)."
Their recent response, only verbally, is "Weapons are prohibited in
the building". I replied that they cannot selectively enforce ONLY
parts of the statute and ignore other parts - namely facilities for
weapons storage. I am attempting to locate and contact the boro legal
advisor to point out the error in their ways - it seems the boro has
a habit of doing as they wish in some matters.
Am I correct in that the entire Statute must be enforced?? Any
insight into a convincing approach to this issue is appreciated.
Hall----in accordance with PA §913 Firearms ARE NOT permitted in a
court facility -------on that point I understand completely:
"§ 913. Possession of firearm or other dangerous weapon in court
facility. (a) Offense defined.--A person commits an offense if he:
knowingly possesses a firearm or other dangerous weapon in a court
facility or knowingly causes a firearm or other dangerous weapon to
be present in a court facility; or knowingly possesses a firearm or
other dangerous weapon in a court facility with the intent that the
firearm or other dangerous weapon be used in the commission of a
crime or knowingly causes a firearm or other dangerous weapon to be
present in a court facility with the intent that the firearm or other
dangerous weapon be used in the commission of a crime."
They posted accordingly:
"(d) Posting of notice.--Notice of the provisions of subsections (a)
and (e) shall be posted conspicuously at each public entrance to each
courthouse or other building containing a court facility and each
court facility, and no person shall be convicted of an offense under
subsection (a)(1) with respect to a court facility if the notice was
not so posted at each public entrance to the courthouse or other
building containing a court facility and at the court facility unless
the person had actual notice of the provisions of subsection (a)."
Via e-mail and office visits, I notified the boro manager that they
ommitted a provision of the statute:
"(e) Facilities for checking firearms or other dangerous weapons.--
Each county shall make available at or within the building containing
the court facility by July 1, 2002, lockers or similar facilities at
no charge or cost for the temporary checking of firearms by persons
carrying firearms under section 6106(b) or 6109 or for the checking
of other dangerous weapons that are not otherwise prohibited by law.
Any individual checking a firearm, dangerous weapon or an item deemed
to be a dangerous weapon at a court facility must be issued a
receipt. Notice of the location of the facility shall be posted as
required under subsection (d)."
Their recent response, only verbally, is "Weapons are prohibited in
the building". I replied that they cannot selectively enforce ONLY
parts of the statute and ignore other parts - namely facilities for
weapons storage. I am attempting to locate and contact the boro legal
advisor to point out the error in their ways - it seems the boro has
a habit of doing as they wish in some matters.
Am I correct in that the entire Statute must be enforced?? Any
insight into a convincing approach to this issue is appreciated.
sheriffs can. Believe me, if I had my way, every time I had a trial I'd say, sorry.....you trust me to enforce the law, you trust me to arrest and charge someone for a crime, etc......but you do not trust me to have a firearm in your court room, I'm afraid I can't attend the trial.
