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OpenCarry.org - Discussion Forum > Stories From The States > Pennsylvania > The Dickson Dozen Strike Back! (law suit filed)





The Dickson Dozen Strike Back! (law suit filed)
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Statkowski
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Joined: Wed Sep 27th, 2006
Location: Cherry Tree (Indiana County), Pennsylvania USA
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 Posted: Thu Jul 10th, 2008 03:56 am
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Mr. Gura's so-called narrow victory was dealing with constitutional intepretation.  This case is more cut-and-dried; were civil rights violated contrary to pre-existing SCOTUS rulings or were they not?

The request for an extension makes sense.  30 days in which to research laws, interview the accused, etc.  It's really not much time at all.

sprat
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Location: Florida USA
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 Posted: Thu Jul 24th, 2008 07:49 pm
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I just read that Buffet holding the corporation that owns Old Country Buffet has filed for Chapter11 don't know about the one in Dickson city, but they are closing a lot of franchises across the country

hope this brightens your day

sprat

ne1
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 Posted: Mon Mar 9th, 2009 12:38 am
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Statkowski wrote: Under Pennsylvania's Right to Know Law (RTKL), 911 tapes may be released upon request at the discretion of the 911 agency.  To date, as far as we know (the attorneys involved may or may not know otherwise), no such recordings have been forthcoming.  The court may or may not order their release.

I know its different states and all but does anyone else find it curious how 911 tapes mysteriously appear whenever the police have an interest in impugning someone's character?

Recent examples of tapes in the news include the octo-mom's call regarding one of her children that took a walk with grandmaw, another depicted a woman that could not get a refund when McDonalds ran out of chicken nuggets.

Yet, when a OCer wants to find out who filed a false report against him/ her, the tapes become super-secret classifed? 

Vandal
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 Posted: Mon Mar 9th, 2009 06:07 pm
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That is because the "right to confront one's accuser" exists only on paper, unless you are out to destroy credibility following the political lines of those in charge.

YllwFvr
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 Posted: Mon Mar 9th, 2009 08:28 pm
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Ive heard about this many times as its right down the road from where I live. I go to the mall there several times a week. I was outraged when I heard, then pleased when I learned they were filing charges.

But what I heard was only a word of mouth explanation. After reading the police reports I'm simply speechless (well almost;)) at the actions of the officers.

My brother is in Lackawanna Police Academy and they spoke several times about the Dickson City encounter. The Police ARE being updated all around the area and in surrounding areas about the rights of the people to carry openly. Apparently this was a pretty big deal, and they are taking appropriate steps to see this sort of thing never happens again.

WIN #1!!!:celebrate First big step!

Next I'd like to see alot of dollar signs ($$$!!!) thrown the defendants way.

suntzu
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 Posted: Mon Mar 9th, 2009 10:47 pm
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YllwFvr wrote: Ive heard about this many times as its right down the road from where I live. I go to the mall there several times a week. I was outraged when I heard, then pleased when I learned they were filing charges.

But what I heard was only a word of mouth explanation. After reading the police reports I'm simply speechless (well almost;)) at the actions of the officers.

My brother is in Lackawanna Police Academy and they spoke several times about the Dickson City encounter. The Police ARE being updated all around the area and in surrounding areas about the rights of the people to carry openly. Apparently this was a pretty big deal, and they are taking appropriate steps to see this sort of thing never happens again.

WIN #1!!!:celebrate First big step!

Next I'd like to see alot of dollar signs ($$$!!!) thrown the defendants way.
What I want is to see the entire town bankrupted and its police department and vehicles sold at auction due to the huge judgment rendered against the officers, the department and the city....bankruptcy MIGHT open the eyes of the police that NO--they can't just violate our rights with impunity...

of course I would also like to see the officers involved thrown into a federal prison for 5 years or so on civil rights charges...


possumboy
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 Posted: Tue Mar 10th, 2009 12:52 am
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suntzu wrote: What I want is to see the entire town bankrupted and its police department and vehicles sold at auction due to the huge judgment rendered against the officers, the department and the city....bankruptcy MIGHT open the eyes of the police that NO--they can't just violate our rights with impunity...

of course I would also like to see the officers involved thrown into a federal prison for 5 years or so on civil rights charges...



Heh, heh, you said Federal Prison (http://www.bop.gov).

EasyXjer
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 Posted: Sun Mar 15th, 2009 12:03 am
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This thing about who the gun was registered to. Are you implying I cant loan my gun to my brother if he doesnt have one to carry at an open carry event?

YllwFvr
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 Posted: Sun Mar 15th, 2009 03:29 am
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EasyXjer wrote:
This thing about who the gun was registered to. Are you implying I cant loan my gun to my brother if he doesnt have one to carry at an open carry event?
Gun registration is against the law in pa. Unless prohibited by law you could let your brother carry your gun, I don't see any reason why not.

gnbrotz
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 Posted: Sun Mar 15th, 2009 03:38 am
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YllwFvr wrote: Unless prohibited by law you could let your brother carry your gun, I don't see any reason why not.
Not correct.  Siblings are not included in the family member transfer exemption, and you may only 'loan' a firearm to someone who is licensed, exempt from licensing, or meets one of the other specifically enumerated exceptions - even if they are not prohibited from ownership/possession.

§6115. Loans on, or Lending or Giving Firearms Prohibited.
(a) Offense defined.—No person shall make any loan secured by mortgage, deposit or pledge of a firearm, nor, except as pro­vided in subsection (b), shall any person lend or give a firearm to another or otherwise deliver a firearm contrary to the provisions of this subchapter.
(b) Exception.—
   (1) Subsection (a) shall not apply if any of the following apply:
      (i) The person who receives the firearm is licensed to carry a firearm under section 6109 (relating to licenses).
      (ii) The person who receives the firearm is exempt from licensing.
      (iii) The person who receives the firearm is engaged in a hunter safety program certified by the Pennsylvania Game Commission or a firearm training program or competition sanctioned or approved by the National Rifle Association
      (iv) The person who receives the firearm meets all of the following
         (A) Is under 18 years of age.
         (B) Pursuant to section 6110.1 (relating to possession of firearm by minor) is under the supervision, guidance and instruc­tion (if a responsible individual who.
             (I) is ‘21 years of age or older; and
            (II) is not prohibited from owning or possessing a firearm tinder section 6105 (relating to persons not to possess, use, man­ufacture, control, sell or transfer firearms)
      (v) The person who receives the firearm is lawfully hunting or trapping and is in compliance with the provisions of Title 34 (relating to game)
      (vi) A bank or other chartered lending institution is able to adequately secure firearms in its possession.
   (2) Nothing in this section shall be construed to prohibit the transfer of a firearm under 20 Pa CS. Ch. 21 (relating to inter­state succession) or by bequest if the individual receiving the firearm is not precluded from owning or possessing a firearm under section 6105
   (3) Nothing in this section shall be construed to prohibit the loaning or giving of a firearm to another in one’s dwelling or place of business if the firearm is retained within the dwelling or place of business. (Repealed and added by L 1995, Spec. Sess 1, Act 17(8), eff 10/11/95)


Last edited on Sun Mar 15th, 2009 03:39 am by gnbrotz

YllwFvr
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 Posted: Sun Mar 15th, 2009 04:26 am
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ah thanks for clarifying that. I knew my brother had looked it up in his codes book and said I could borrow his pistol and be legal, I didn't know it was only because I am a ltcf holder.
I apologize for the misinformation.

EasyXjer
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 Posted: Sun Mar 15th, 2009 04:22 pm
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Yeowza I gave it to him 15 years ago before I even knew about ownership transfer. At least its still upstate at the house.

EasyXjer
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 Posted: Tue Mar 17th, 2009 03:00 pm
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YllwFvr wrote: EasyXjer wrote:
This thing about who the gun was registered to. Are you implying I cant loan my gun to my brother if he doesnt have one to carry at an open carry event?
Gun registration is against the law in pa. Unless prohibited by law you could let your brother carry your gun, I don't see any reason why not.

So what happens to the paperwork you fill out when purchasing? Trashed after so many days?

YllwFvr
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 Posted: Tue Mar 17th, 2009 07:54 pm
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EasyXjer wrote: YllwFvr wrote: EasyXjer wrote:
This thing about who the gun was registered to. Are you implying I cant loan my gun to my brother if he doesnt have one to carry at an open carry event?
Gun registration is against the law in pa. Unless prohibited by law you could let your brother carry your gun, I don't see any reason why not.

So what happens to the paperwork you fill out when purchasing? Trashed after so many days?


TITLE 18
PA CRIMES CODES

[6111.4. Registration of Firearms.]

Notwithstanding any section of this chapter to the contrary, nothing in this chapter shall be construed to allow any govern­ment or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth. For the purposes of this section only, the term “firearm” shall include any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon. (Added by L 1995. Spec. Sess 1, Act 17(6,), eff 10/11/95.)

In this case the police had some form of registry going obviously. I'd very much like to see how they can get away with using the "Firearm transfer" paperwork as a registry. Smacks of something illegal I think.

They dont throw away those papers but they arent for registration, or so they claim.

EasyXjer
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 Posted: Wed Mar 18th, 2009 12:44 am
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Thats what they said in 1934. Interesting to know where the papers go. BATFE? Make it easier to track us down to confiscate.

ne1
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 Posted: Wed Mar 18th, 2009 07:47 am
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Oh, they throw away the papers, but computer databases are kept indefinitely.

EasyXjer
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 Posted: Wed Mar 18th, 2009 10:19 pm
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Ok now i need to throw some bad mojo esp  that way and cause the hard drive to to self destruct!!!!!!!!!!!!

ne1
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 Posted: Thu Mar 19th, 2009 06:09 am
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EasyXjer wrote: Ok now i need to throw some bad mojo esp  that way and cause the hard drive to to self destruct!!!!!!!!!!!!


Unfotunately, if PICS computers crash, PSP will not be able to approve any firearms sales until things are fixed. They've already shown that they can get away with it regardless of all that constitutional mumbo jumbo about rights that "shall not be questioned".  

(More at this thread: http://opencarry.mywowbb.com/view_topic.php?id=4343&forum_id=4&jump_to=68915)

Last edited on Thu Mar 19th, 2009 06:45 am by ne1

Mike
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 Posted: Thu Mar 19th, 2009 06:26 am
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YllwFvr wrote: ah thanks for clarifying that. I knew my brother had looked it up in his codes book and said I could borrow his pistol and be legal, I didn't know it was only because I am a ltcf holder.
I apologize for the misinformation.

Well the private borrower or private transforee of a handgun who is not a LTCF holder comits no crime - only the seller does.  And as there is no "ownership" registry in PA, the state must prove the transfer or lending to have occurred and been unlawful.

Again, this is the weird handgun private sale and lending ban in PA - very few states restrict private sales and lending of handguns, that's why PA scores so high on brady scorecard.

ne1
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 Posted: Thu Mar 19th, 2009 07:05 am
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Mike wrote:
Well the private borrower or private transforee of a handgun who is not a LTCF holder comits no crime - only the seller does.  And as there is no "ownership" registry in PA, the state must prove the transfer or lending to have occurred and been unlawful.

Again, this is the weird handgun private sale and lending ban in PA - very few states restrict private sales and lending of handguns, that's why PA scores so high on brady scorecard.


Also, it is not a crime when the person receiving the firearm is not a "prohibited person".

IAW, if you loan a firearm to someone without a LTCF, you had best know that person very well. 


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