Tag Archives: GAOS

Governor Wolf’s “Interpretive Jiggery-Pokery” on his Proclamation’s Impact on Firearm Rights in Pennsylvania

In an article published today – Gov. Wolf: Opioid declaration doesn’t affect gun rights – Governor Wolf’s spokesman J.J. Abbott is quoted as stating that I am “flat-out wrong” in relation to the impact of Governor Wolf’s Opioid Proclamation on firearm rights, as set forth in the two articles that I have written on the topic. The first article is: With a Stroke of a Pen, PA Governor Wolf Limits Firearm Rights by Proclaiming State of Emergency. The second is: Are the Great American Outdoors Show (GAOS) and State Game Land Hunting in Jeopardy as a Result of Governor Wolf’s Proclamation of Emergency?

As neither Mr. Abbott nor the Governor (or anyone from his Office for that matter) has reached out to me and provided me with the seemingly canned statement that they are providing to reporters, for purposes of this article, I will rely on the statements reported in the Public Opinion article, which, as I address below, are nothing but smoke and mirrors and fail to address the real concerns, including the impact to the Great American Outdoors Show.

But first, since Mr. Abbott felt it necessary to call into question my legal aptitude, it is necessary to address his and the Governor’s qualification to provide legal advice. As they are surely aware, the unauthorized practice of law is a criminal offense, pursuant to 42 Pa.C.S. § 2524, where the first offense is a misdemeanor of the third degree and a second or subsequent offense is a misdemeanor of the first degree. In reviewing the attorney lookup of the Pennsylvania Supreme Court, it does not appear that either Mr. Abbott nor Governor Wolf are licensed attorneys. Hopefully, someone within the Governor’s Office with an actual juris doctorate has reviewed the legal issues.

Regardless of whether the Mr. Abbott or Governor Wolf are attorneys, or whether someone within the Governor’s Office who is an attorney reviewed the legal issues, it is important for the the citizens of the Commonwealth, as well as the non-citizens who will be attending the Great American Outdoors Show, to know that any statement by the Governor as to the applicability of the law to a set of facts is immaterial and does not preclude a court of law from convicting you, even if your conduct comports with the conduct approved by the Governor.

But let’s put all of that aside and look at exactly what the canned statement said. As reported in the article:

The governor’s declaration does not allow for law enforcement to confiscate firearms, and the governor worked with law enforcement to ensure that his actions to fight this epidemic have no impact on citizens and their firearm rights.

 

And what does this have to do with my articles? While I absolutely mention the prohibition on government confiscation found in Section 6107, at no point did I ever claim that the Proclamation authorized the seizure or confiscation of firearms.  In fact, in my first article, I explicitly stated that “Section 6107 specifically prevents any form of confiscation of firearms, accessory or ammunition from occurring solely as a result of a state of emergency.” Seemingly benefiting from my article, the Governor’s statement then goes on to corroborate that “[t]he law specifically does not allow for any firearms to be seized, taken or confiscated as a result of the disaster declaration.” So, at least this portion of the statement is merely an attempt to distract the reader from the actual issues raised in my articles. But what about the rest?

The statement goes on to declare that:

A declaration specifically has no effect on people with a concealed firearms license, someone using a firearm with an active hunting license or someone open carrying a firearm if actively engaged in self-defense.

For a minute, let’s set aside the Superior Court’s decision in Commonwealth v. Anderson. How exactly are my articles and legal conclusions “flat-out wrong”? In my first article, I specifically addressed that individuals with licenses to carry firearms (LTCFs) were exempt, as were individuals who were actively engaged in self-defense. And in my second article, I specifically addressed hunting on state game lands. Once again, it seems as though the Governor’s Office has to rely on my articles to determine the law and then in their statement, although stating I am “flat-out wrong,” agree with my legal conclusions.

See how that works? They claim both Senator Scott Wagner and I am providing misinformation, then agree with the information I provided, while sidestepping the actual issues and concerns that I raised. So, let’s look at the issues that I have raised and which their statement fails to address.

Commonwealth v. Anderson

As it runs afoul of their narrative, the statement fails to address the Superior Court’s en banc decision in Commonwealth v. Anderson, where the court held that the “exceptions” found in Section 6106(b) are “defenses” that need to be proven at trial. Thus, any individual claiming “exception” under Section 6106(b) can be prosecuted and forced to argue the exception as a defense to the prosecution. This is extremely important since it would apply to anyone claiming exemption under Section 6106(b), including hunters and many of the vendors and attendees of the Great American Outdoors Show, as discussed further below. It appears that the Governor’s Office did not feel is necessary to advise everyone of this extremely concerning aspect, especially in light of it running contrary to their contention that the Proclamation has “no impact on citizens and their firearm rights.”

Open Carrying Absent an LTCF

Once again, the statement is devoid of any mention in relation to individuals who open carry a firearm absent an LTCF. In Commonwealth v. Hawkins, 547 Pa. 652 (1997), the Pennsylvania Supreme Court explicitly acknowledged that

[i]n all parts of Pennsylvania, persons who are licensed may carry concealed firearms. 18 Pa.C.S. § 6108. Except in Philadelphia, firearms may be carried openly without a license. See Ortiz v. Commonwealth, 545 Pa. 279,    , 681 A.2d 152, 155 (1996) (only in Philadelphia must a person obtain a license for carrying a firearm whether it is unconcealed or concealed; in other parts of the Commonwealth, unconcealed firearms do not require a license)

As a result of Proclamation and interplay of Section 6107, individuals, who do not have an LTCF, are now prohibited from open carrying firearms throughout Pennsylvania. So, just how does the Proclamation not “impact [] citizens and their firearm rights,” Mr. Abbott?

The Great American Outdoors Show

As I discussed at length in my second article, there are grave concerns for the vendors and attendees of the Great American Outdoors Show, since all of them, absent an LTCF, pursuant to Commonwealth v. Anderson, would have to argue as a defense to prosecution their exemption under Section 6106(b). More importantly, almost all of the attendees and a number of the vendors, absent an LTCF, would not meet any of the exceptions found in Section 6106(b). Interestingly, the statement is completely devoid of any mention of the Great American Outdoors Show and how the Proclamation effects it.

Offer to Debate

Since the Governor’s Office felt it necessary to call into question my legal aptitude and I assume an apology will not be forthcoming to Senator (and future Governor) Scott Wagner and myself from the Govenor’s Office, I would welcome the opportunity to debate Governor Wolf on the effects of his Proclamation on the firearm rights of the citizens and visitors of the Commonwealth, but I would suggest that he first dust off his non-existent juris doctorate and brush up on the Uniform Firearms Act before the debate, especially since the law is clearly contrary to his Office’s statement.

Contact Governor Wolf’s Office

For those of you who value your inalienable rights, I would suggest that you contact (phone: 717-787-2500 and fax: 717-772-8284) the Governor’s Office and respectfully let them know that you do not appreciate your rights being infringed and their less-than-honest statements on the impact of the Proclamation in relation to your firearm rights. If Governor Wolf is such a staunch supporter of the Second Amendment, as his Office is claiming, I anticipate that by Monday, at the latest, he will be calling upon the General Assembly to repeal 18 Pa.C.S. § 6107 and 35 Pa.C.S. § 7301(f)(8).

 

For those unaware, “interpretive jiggery-pokery” was utilized by the late Justice Antonin Scalia in King v. Burwell, the landmark decision on the Affordable Care Act, where he referred to some of the details in the case as “pure applesauce” and criticized the court’s “interpretive jiggery-pokery” analysis as the only way the Affordable Care Act could be found to be constitutional. Jigger-pokery describes dishonest manipulation or nonsense, akin to hocus pocus, humbug, bambosh, baloney, berley (among the Australians), bunkum, hogwash (also known as eyewash), flapdoodle, flim-flam, flumadiddle, rubbish, galbanum (coming from a French word for empty representations), hooey, hot air, motormouthing, poppycock or malarkey

 


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

 

 

 

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Are the Great American Outdoors Show (GAOS) and State Game Land Hunting in Jeopardy as a Result of Governor Wolf’s Proclamation of Emergency?

As our viewers are aware, earlier today I published a blog article that With a Stroke of a Pen, PA Governor Wolf Limits Firearm Rights by Proclaiming a State of Emergency; but, what are the unintended (or possibly intended) further consequences of the Proclamation?

As people start to prepare for the NRA’s Great American Outdoor Show (GAOS) from February 3-11 in Harrisburg, PA at the Farm Show Complex, it is important to understand the impact on both the vendors and attendees. As I explained in my earlier article, Section 6107, in pertinent part, provides

(a) General rule.–No person shall carry a firearm upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:
(1) Actively engaged in a defense of that person’s life or property from peril or threat.
(2) Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).
(c) Definitions.–As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
“Accessory.” Any scope, sight, bipod, sling, light, magazine, clip or other related item that is attached to or necessary for the operation of a firearm.
“Firearm.” The term includes any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any weapon.

So what’s the concern? How could Governor Wolf’s Proclamation possibly affect the Great American Outdoors Show?

As I addressed in my earlier article, the Proclamation seemingly meets the criteria to trigger the Section 6107 prohibitions, since it is an emergency proclamation issued by a State governmental executive. Additionally, to the surprise of many people, the Farm Show Complex, where the show will be held, is actually owned by the Commonwealth and is therefore public property; thereby, prohibiting the carrying of a firearm, as defined by Section 6107, anywhere on the property, during the proclamation of emergency, unless the person meets an exception.

As the first exception is not (or at least not likely) applicable to the show, let’s turn to second set of exceptions – an individual who has been issued a license to carry firearms, pursuant to 18 Pa.C.S. § 6109 or who is otherwise exempt under 18 Pa.C.S. § 6106(b). Obviously, the first is self-explanatory, but what about the exemptions found in 6106(b)? Well, Section 6106(b) provides:

(1) Constables, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions, or other law-enforcement officers.
(2) Members of the army, navy, marine corps, air force or coast guard of the United States or of the National Guard or organized reserves when on duty.
(3) The regularly enrolled members of any organization duly organized to purchase or receive such firearms from the United States or from this Commonwealth.
(4) Any persons engaged in target shooting with a firearm, if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the firearm is not loaded.
(5) Officers or employees of the United States duly authorized to carry a concealed firearm.
(6) Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property in the discharge of such duties.
(7) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person, having in his possession, using or carrying a firearm in the usual or ordinary course of such business.
(8) Any person while carrying a firearm which is not loaded and is in a secure wrapper from the place of purchase to his home or place of business, or to a place of repair, sale or appraisal or back to his home or place of business, or in moving from one place of abode or business to another or from his home to a vacation or recreational home or dwelling or back, or to recover stolen property under section 6111.1(b)(4) (relating to Pennsylvania State Police), or to a place of instruction intended to teach the safe handling, use or maintenance of firearms or back or to a location to which the person has been directed to relinquish firearms under 23 Pa.C.S. § 6108 (relating to relief) or back upon return of the relinquished firearm or to a licensed dealer’s place of business for relinquishment pursuant to 23 Pa.C.S. § 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or back upon return of the relinquished firearm or to a location for safekeeping pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment to third party for safekeeping) or back upon return of the relinquished firearm.
(9) Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing as permitted by such license, or are going to the places where they desire to hunt, take furbearers or fish or returning from such places.
(10) Persons training dogs, if such persons are actually training dogs during the regular training season.
(11) Any person while carrying a firearm in any vehicle, which person possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the United States or any other state.
(12) A person who has a lawfully issued license to carry a firearm pursuant to section 6109 (relating to licenses) and that said license expired within six months prior to the date of arrest and that the individual is otherwise eligible for renewal of the license.
(13) Any person who is otherwise eligible to possess a firearm under this chapter and who is operating a motor vehicle which is registered in the person’s name or the name of a spouse or parent and which contains a firearm for which a valid license has been issued pursuant to section 6109 to the spouse or parent owning the firearm.
(14) A person lawfully engaged in the interstate transportation of a firearm as defined under 18 U.S.C. § 921(a)(3) (relating to definitions) in compliance with 18 U.S.C. § 926A (relating to interstate transportation of firearms).
(15) Any person who possesses a valid and lawfully issued license or permit to carry a firearm which has been issued under the laws of another state, regardless of whether a reciprocity agreement exists between the Commonwealth and the state under section 6109(k), provided:
(i) The state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109.
(ii) The Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.
(16) Any person holding a license in accordance with section 6109(f)(3).

Clearly, any vendor or attendee who is a “person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person” would be exempt (but see the below caution), as would anyone carrying pursuant to a reciprocity agreement or carrying pursuant to subsection (b)(15). Other vendors and attendees would seemingly be prohibited, although some employees may be able to claim that they are agents, messengers or other employees of a “business firm, whose duties require them to protect moneys, valuables and other property in the discharge of such duties.”

Unfortunately, as few people are aware, as a result of the Superior Court’s en banc decision late last year in Commonwealth v. Anderson, these “exceptions” in Section 6106(b) were found by the Superior Court to be “defenses” that need to be proven at trial. Thus, any individual claiming “exception” under Section 6106(b) can be prosecuted and forced to argue the exception as a defense to the prosecution.

More disconcerting, unlike the emergency proclamation statute, 35 Pa.C.S. § 7301, utilized by Governor Wolf to issue the proclamation, 18 Pa.C.S. § 6107 does not provide the Governor with any authority to limit or otherwise preclude the enactment of the prohibitions. Rather, the issuance of an emergency proclamation automatically, and seemingly in violation of Article 1, Section 21 and the Second Amendment, prohibits the carrying of “a firearm upon the public streets or upon any public property during [the] emergency.”

In relation to hunting on state game lands, pursuant to Section 6106(b)(9), those individuals would likewise be entitled to the “defense,” provided that he/she is “licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing as permitted by such license, or are going to the places where they desire to hunt, take furbearers or fish or returning from such places.”

While the General Assembly has previously considered repealing Section 6107, Governor Wolf’s Proclamation of today underscores the necessity for the General Assembly to repeal Section 6107, as it is blatantly unconstitutional.

Please contact your State Representatives and demand that they immediately repeal Section 6107, so that YOUR rights aren’t infringed and so that YOU aren’t forced to pay attorney fees and costs to prove, as a defense, one of the exceptions in Section 6106. When contacting them, also demand that the draconian transportation laws of Section 6106 be repealed, as well.

If you or someone you know has had their right to keep and bear arms infringed as a result of this state of emergency, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.

 


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

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