Attorney General Kane’s Opinion on Commonwealth Agencies Regulating Possession of Firearms

As I previously blogged about, I wrote a letter to the PA Gaming Control Board requesting that it invalidate 58 Pa.Code § 465a.13, as it had unlawfully regulated the possession of firearms in casinos, pursuant to 18 Pa.C.S. § 6109(m.3)(2). On September 8, 2014, I heard back from the PA Gaming Control Board that it would be rescinding the regulation of firearms, pursuant to a Legal Opinion of Attorney General Kane. At that time, I was not provided a copy of the Legal Opinion but have since come into possession of it.

On August 5, 2014, Attorney General Kane issued a Legal Opinion letter stating:

“…the Board’s regulation at 58 Pa.Code § 465a.13(a) contravenes 18 Pa.C.S. § 6109(m.3)…Section 6109(m.3), on the other hand, prohibits a Commonwealth agency from regulating the possession of a firearm in any manner inconsistent with Title 18. The Board is a Commonwealth agency….Accordingly, the Board’s regulation is inconsistent with the provisions of Title 18 inasmuch it regulates the possession of firearms in a location (licensed casino facility) not contemplated by Title 18.”

It looks like many other Commonwealth agencies (Dept of State, PASSHE, DCNR, Bureau of Workers’ Compensation, … etc) may be on the receiving end of demands to rescind their unlawful regulations…

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4 Comments

Filed under Firearms Law, Pennsylvania Firearms Law

4 responses to “Attorney General Kane’s Opinion on Commonwealth Agencies Regulating Possession of Firearms

  1. Anton

    The one thing that is so precious to us in this Country is our Liberty yet it is the first thing we are willing to give up. The right to carry arms to protect ourselves goes back beyond the formation of this Country.
    Even under British rule settlers had the right to bear arms for self defense. The First PA Constitution granted us the right to bear arms for self defense and for the defense of or state. Remember that we did not have a standing Army then and it was settlers that defended the state against hostiles until an Army could be raised.
    Our founding Fathers thought so highly of the right to bear arms that it was placed second in the Bill of Rights, just after the Right of Free Speech. Those who allow our Liberty, our right to bear arms, to be taken away will soon allow all of our Freedom to parish.

    Like

  2. RetMSgt in Pa.

    Step 1 – Casino regs. – DONE!

    Step 2 – Department of State regs.

    Step 3 – Fish and Game regs.

    Step 4 – State park regs.

    Step 5 – PennDOT.

    Step 6 – PASSHE.

    Like

  3. Pingback: Tuesday News Links 09-16-2014 | Shall Not Be Questioned

  4. Pingback: Tuesday News Links 09-16-2014 | Xcuz Me

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