PA Gaming Control Board Acknowledges That Its Regulation is Unlawful!

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!

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4 Comments

Filed under Firearms Law, Pennsylvania Firearms Law

4 responses to “PA Gaming Control Board Acknowledges That Its Regulation is Unlawful!

  1. Pingback: Casino Regulation to be Rescinded

  2. Kane

    I would like to talk about a similar regulation involving Ambulances, more serious because if the EMS crew follows the EMS act: they are required not to transport a person lawfully carrying, and if they follow the guidelines in the “Statewide” protocols, (which conflict with the EMS act) they are committing misdemeanors (or felonies depending on if they are eligible for a LTCF or not) – in addition following the protocols would put the patient (and gun owner) in violation of the law.

    In addition I would happily be a plaintiff.

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  3. Great job, counselor. I’m fairly certain that here in Western PA, the Meadows will allow concealed carry. The Rivers is in the middle of Allegheny County, and likely will have significant pressure to ban firearms carry. We’ll have to wait and see who has balls and who doesn’t.

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  4. Pingback: Attorney General Kane’s Opinion on Commonwealth Agencies Regulating Possession of Firearms | Prince Law Offices, P.C.

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