PA Gaming Control Board Rescinds Unlawful Regulation

As many of our viewers are aware, almost a year 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. 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.”

Yesterday, April 16, 2015, the Board convened and repealed the firearm regulations in Section 465a.13. You can find a copy of the final approved rule on the Independent Regulatory Review Commission’s website – here.

We are still waiting to hear from DCNR, L&I and State regarding the repeal of their unlawful regulations.

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9 Comments

Filed under Firearms Law, Pennsylvania Firearms Law

9 responses to “PA Gaming Control Board Rescinds Unlawful Regulation

  1. Thank you, Joshua, for being the legal champion we have sorely needed in this Commonwealth.

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  2. Maureen Gyory

    The Founding Fathers would be proud!

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  3. Greg Brown

    Great Job! I am hoping that next agency you can address is the PA DOH EMS. The EMS Office also has a regulation that says one can not have firearm on an ambulance in PA.

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  4. Thank you. Have you heard anything from PASSHE?

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  5. Pingback: Friday News Links 04-17-2015 | Shall Not Be Questioned

  6. Does this mean that I can CCW at the casino this weekend or do I have to wait until some administrative/legal nuances are completed ?

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  7. Brian

    Does this then also apply to bars, since they are run under a government issued liquor license?

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  8. Dcow777

    I found out the Casino Control’s response to your legal “victory”. This bill, which I’ll post a link to the language of makes possession of weapons by anyone except for an on-duty (No exemption for off duty ones though) Law Enforcement officer, including their own security officers without express written permission of the Casino Control a misdemeanor of the Third Degree. They have to post “No Weapons” signs at the doors. I’m sure that’ll keep the criminals away.
    They official response has been quietly filed as a bill in the Legislature. What it’s chances are I don’t know but I wouldn’t be shocked if this doesn’t get added to a bill and passed at 11 PM of a session and nobody knows about till after the signs are posted on the casino doors.
    Here’s the language of the bill; http://www.legis.state.pa.us/cfdocs/legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2015&sessInd=0&billBody=H&billTyp=B&billNbr=1236&pn=1621
    Get rid of that pesky preemption problem by getting the language to bypass it in the law itself. Well played casinos, well played.
    You know if it was passed by the House and Senate Governor Wolfe will sign it in a heartbeat.

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