I often receive calls from clients who are trying to determine whether they are prohibited because of mental health commitment. Voluntary commitments are not prohibiting; however, and unfortunately, it has been my experience that individuals that agree to be voluntarily committed are often committed involuntarily based on the paperwork that the hospital files with the … Continue reading How to Determine if you are Prohibited because of an Involuntary Commitment
“Probable Cause”: What Does It Mean?
There are many terms thrown around in the legal “biz” that confuse ordinary people. One of these terms is “probable cause.” What is “probable cause” in Pennsylvania and what does having it entitle the authorities to do? “Probable cause” is defined as “facts available to the officers at the moment of the arrest which ‘would … Continue reading “Probable Cause”: What Does It Mean?
Corbett Signs Castle Doctrine
Today, as was expected, Governor Corbett signed the Castle Doctrine, also known as the Stand Your Ground Doctrine, into law. You can download a copy of HB 40 here. While there are some issues with the bill, which I will review in the coming days, this marks a monumental move in furtherance of protecting one’s right to … Continue reading Corbett Signs Castle Doctrine
FFLs Must Provide Safety Locks with all Firearms
To the surprise of many Federal Firearms Licensees (FFL), even those who have been in business for a long time, all FFLs must provide safety locks with the sale of any and all firearms. While it used to be that an FFL only had to make safety locks available to all customers, where the customer could decide … Continue reading FFLs Must Provide Safety Locks with all Firearms
FFLs Must Provide Safety Locks with all Firearms
To the surprise of many Federal Firearms Licensees (FFL), even those who have been in business for a long time, all FFLs must provide safety locks with the sale of any and all firearms. While it used to be that an FFL only had to make safety locks available to all customers, where the customer could decide … Continue reading FFLs Must Provide Safety Locks with all Firearms
Castle Doctrine, HB 40, Headed to the Governor’s Desk!
In a 45-5 vote, the Senate approved HB 40, which is the Castle Doctrine, sending it to the Governor’s desk. It is expected that Governor Corbett will sign it into law, without any delay. This is a major victory for those of us that support the 2nd Amendment and a major blow to criminals. Once signed … Continue reading Castle Doctrine, HB 40, Headed to the Governor’s Desk!
NFA Examiners Now to be Assigned by State
In the past, National Firearms Act (NFA) examiners have be assigned by the last name of the transferor or the by the business name of the transferor; however, the NFA Branch has announced that effective July 1, 2011, examiners will now be assigned via geographic location (aka by the state). The ATF’s announcement can be found here. The NFA Branch has … Continue reading NFA Examiners Now to be Assigned by State
Does an FFL have to Complete an Application/Record of Sale for a Receiver?
The issue frequently arises as to whether a Federal Firearms Licensee (FFL) in Pennsylvania must complete a PA Application/Record of Sale (Form SP 4-113) for the sale of a receiver. To the surprise of most FFLs, the Pennsylvania State Police (PSP), as of 6/2/2011, has stated that no PA Application/Record of Sale should be completed for … Continue reading Does an FFL have to Complete an Application/Record of Sale for a Receiver?
Automobile Searches
Can the police search your car? The general rule in Pennsylvania for any search is that a search warrant is required. However, this requirement is subject to several exceptions. In addition to normal exceptions such as “plain view” (the incriminating evidence or contraband is within the “plain view” of the police while standing in an … Continue reading Automobile Searches
Places in PA that Individuals are Prohibited from Carrying at or in, even with a License to Carry Firearms
The question frequently arises as to where an individual with a valid License to Carry Firearms (LTCF) may not carry his/her firearm. For purposes of this article, I will focus strictly on State law places and not the federal place that are prohibited. 1. Court Facilities – Pursuant to 18 Pa.C.S. 913 and individual may not carry … Continue reading Places in PA that Individuals are Prohibited from Carrying at or in, even with a License to Carry Firearms