As many of our viewers are aware, several months ago, on April 19, 2014, I submitted a written request to the Pennsylvania Gaming Control Board to invalidate Section 465a.13, as it violated 18 Pa.C.S. § 6109(m.3). In June, I heard from Chief Counsel of the PA Gaming Control Board that the issue had been forwarded to Attorney General Kane. Today, I heard back from Chief Counsel Sherman that the Attorney General issued a Legal Opinion (I don’t yet have a copy) and that the AG determined that
amendments in 2011 to the Pennsylvania Uniform Firearms Act prohibit the PGCB and other Commonwealth agencies from regulating the possession of firearms in a manner inconsistent with that Act. Accordingly, the Attorney General states that the Board no longer may by Regulation limit the possession of firearms in a licensed casino facility by persons who possess a valid permit to carry a concealed firearm. Given this result, we are preparing an amendment to Board regulation 465a.13 will be presented to the Board at its September 17, 2014 meeting to address this issue. (emphasis added)
Attorney Sherman then continued on to point out that the
Attorney General’s Opinion is not an evaluation of whether the private owners of a state-licensed casino facility may or may not limit the possession of firearms in the privately-owned casino. Thus, each licensed casino facility may or may not chose to limit the possession of firearms on its property. That is a determination which will be left to the discretion of each casino.
So that makes two wins in one day for LTCF holders!