General

[Schmitti]

I should have been more specific.

NY state allows pistol ownership outside of NYC... it's regulated differently by each county. But at it's most basic level you have to apply for a pistol permit to own a pistol. The permit carries the model and serial number of the gun/s you own. These permits (unless indicated by a restriction) allow you to carry concealed.

But the process of getting approval, as stated before, can take a while. Also, in NY, they keep track of every single pistol (maybe even long gun) purchased and who has it.

Where as in PA, as long as I didn't have a felony or some other restriction I could walk into a gun store and buy a pistol. No permit needed. And I could then go to my County Court House and get a CC permit. But the two were independant of each other.

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[John Satclaire]

Footnote 27 of the majority opinion is pretty crucial. While this doesn't yet apply to state laws (there's no case holding that the 2d amendment is incorporated by the 14th amendemnt as against the states--compare to the 1st amendment, which has been incorporated), the standard of review is pretty clearly going to be one with some teeth. Thus, laws that merely have a "rational basis" for their restrictions on the right to keep and bear handguns will be struck down once the 2nd is incorporated (and it almost surely will be given how incorporation jurisprudence is written).

[skipjack289]

Thank God! Now I may feel safer when I travel in South East or Capitol Hill.

Don't know if it was reported, but a few months ago, DC police started a program of going door to door asking to enter the residence to search for guns. Don't know if it was discontinued.

One neibourhood was locked down for a week and had Baghdad-style checkpoints. It was promted by 8 people being shot the previous Saturday/Sunday. So, if you didnot live there or have legitimate business there, you were turned away.

[Azzy]

Isnt it nice that they decided to tell us our rights can be practiced?

Scmitti- No law in PA preventing from carrying in bars, but if it is posted, you can be found guilty of tresspass on their property. That goes for any buisness.

Also there is a HUGE grey area concerning schools, where the law states that you cannot bring a gun for any unlawful purpose. Well right there on my LTCF (Pa Conceal Carry) it says self defense, which is a lawful purpose.

[Schmitti]

Azzy- Most schools have enacted safety zones or gun free zones. They often have these signed into law with the local municipality. I know that all of the schools in my old County were gun free... unless you were a cop. and for a while they didn't even want cops bringing there guns into the schools. To make things easier to swallow the cops decided it would be easier and safer to remove the magazines from their guns when entering schools for education purposes (DARE, assemblies, etc.) if they were there on official business they were locked and loaded.

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[John Satclaire]

Originally Posted by Schmitti

Azzy- Most schools have enacted safety zones or gun free zones. They often have these signed into law with the local municipality. I know that all of the schools in my old County were gun free... unless you were a cop. and for a while they didn't even want cops bringing there guns into the schools. To make things easier to swallow the cops decided it would be easier and safer to remove the magazines from their guns when entering schools for education purposes (DARE, assemblies, etc.) if they were there on official business they were locked and loaded.

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Thankfully, local laws are irrelevant when they conflict with state statutes (i.e., Pinko Town in Red State cannot ban concealed carry within its borders if Red State has a concealed carry law). While I'm not sure of the specifics of Gun-Free School laws, if it's not part of the state law granting you the right to carry, the local restriction on your carrying may be invalid as a state constitutional matter.

[incynr8]

Originally Posted by Azzy

Scmitti- No law in PA preventing from carrying in bars, but if it is posted, you can be found guilty of tresspass on their property. That goes for any buisness.

.

ONLY if you don't LEAVE when told.
the sign means nothing until TOLD to leave and then defiantly refuse by physical non-compliance.

[John Satclaire]

Originally Posted by incynr8

ONLY if you don't LEAVE when told.
the sign means nothing until TOLD to leave and then defiantly refuse by physical non-compliance.

Actually, the sign means that you're on notice not to enter if you're carrying and that you will be considered a trespasser the moment you enter if you have a gun.

As such, you can be prosecuted for trespass if they notice you're on their property and carrying a gun--they don't have to ask you to leave.

[Sir Brass]

I just read over the majority opinion from right before footnote 27 on down (don't have time to read it in depth, as I'm at work and have other stuff to do), and yeah that footnote is pretty darn crucial.

Bravo to the court for setting this precedent and clearly setting its foot down not merely for gun rights but also clearly against judicial legistlating (see footnote 27 and the majority's opinion on the role of the Court at the end of the opinion). This is very much a firm step in the RIGHT direction.

[Schmitti]

JSat: Confirmed. We had the same issue at Penn State University. State supported school that said you couldn't cc on campus. A guy took the school to court and won.

With the local stuff I believe it was all done by local voting etc as a way to protect students. Is it enforcable... probably not, but the several hours in a local municipal police holding cell still sucks.

Temple Univ. is a bunch of facists. I had a friend that had a cc permit and had his car parked on the street with his gun locked in the car as the place he worked at did not allow him to carry on site. He gets mugged at his car. they take the car and along with it his gun. The first cop on scene is a Temple Univ. cop... turns out it's their jurisdiction first... they have a no gun policy... he spends the next three months taking the school to court to prove that the street is a Philly street and not owned by Temple U. and therefore he's allowed to carry not only in his car but on his person within the ROW (sidewalk) which means that they can't boot him from school and must allow him back. That was a f'n mess.

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