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!
Like this:
Like Loading...
Related
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to taking this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
View all posts by Joshua Prince, Esq.
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.
LikeLike
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.
LikeLike