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Thread: City of Pittsburgh Ordinance

  1. #1
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    I keep hearing that the City of Pittsburgh has an ordinance against open carry that is preemted by State Law, but I can find no information about it. Does anyone have any links to this info?? Thx

    Falc

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    All of Pittsburgh's ordinances concerning firearms are on this page:

    http://library2.municode.com/mcc/tem...&doc_hit=1

    The statute you're looking for is this, I believe:

    § 607.06 CARRYING OF OPERABLE FIREARMS PROHIBITED. No person shall carry in any vehicle or concealed or unconcealed on or about his person except when on his or her land or in his or her own abode or fixed place of business any firearm; provided that this section shall not apply to: (a)Those persons specifically exempted under 18 P.S. Sec. 6106(b)(1-10); or (b)Any person issued a valid license to the Pennsylvania Uniform Firearms Act when carrying the type of weapon for which such license was issued. (Ord. 11-1980, eff. 7-25-80; Am. Ord. 30-1993, eff. 12-9-93)

  3. #3
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    It looks like firearms are addressed in Chapter 607 of the Code.

    The link is below. See Section 607.06. I didn't read the whole section. Neither am I sufficiently familiar with PA state law to know exactly what is and isn't pre-empted.

    http://www.municode.com/resources/ga...525&sid=38


    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  4. #4
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    Citizen wrote:
    Neither am I sufficiently familiar with PA state law to know exactly what is and isn't pre-empted.
    Answer - all carry and possession.

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    Mike wrote:
    Citizen wrote:
    Neither am I sufficiently familiar with PA state law to know exactly what is and isn't pre-empted.
    Answer - all carry and possession.
    Is there not an exception for Philadelphia?

    Is there an exception for cities of a certain size/population?
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  6. #6
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    Citizen wrote:
    Mike wrote:
    Citizen wrote:
    Neither am I sufficiently familiar with PA state law to know exactly what is and isn't pre-empted.
    Answer - all carry and possession.
    Is there not an exception for Philadelphia?

    Is there an exception for cities of a certain size/population?
    Philadelphia is a "City of the 1st class" as defined in the PUFA and requires a license to open carry. It would seem to me that PUFA would trump § 607.06 of the City Code and allow open carry. Any other comments would be appreciated. Thanks to all that provided the links to the information. (edited to add my personal thanks )

  7. #7
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    Falcon118 wrote:
    I keep hearing that the City of Pittsburgh has an ordinance against open carry that is preemted by State Law, but I can find no information about it. Does anyone have any links to this info?? Thx

    Falc

    In Ortiz v. Commonwealth, it was ruled that State law prohibited lessor municipalities to govern ownership or carrying of firearms. That State law said that those who carry in a City of the First Class, 1 million residents, need to have a license to carry whether openly or concealed.

    Absolutely NO laws were grandfathered, any municiple law on the books is null and void. Any law created after the enactment of State preemption is in violation of State law.

    The City of Pittsburgh is about 550,000 people short of becoming a City of the First Class.

    You may lawfully open carry in the City of Pittsburgh, and if you are arrested, cited or otherwise negatively treated - the officers that had just violated your rights are guilty of "Official Oppression" - a second degree misdenmeaner. Nearly all LEO's and their corrosponding departments are well aware that open carry is legal without a license.

    =======

    § 5301. Official oppression. A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:
    1. subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or
    2. denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.
    ========
    § 106. Classes of offenses.
    (a) General rule.--An offense defined by this title for which a sentence of death or of imprisonment is authorized constitutes a crime. The classes of crime are:
    1. Murder of the first degree, of the second degree or of the third degree, first degree murder of an unborn child, second degree murder of an unborn child, or third degree murder of an unborn child.
    2. Felony of the first degree.
    3. Felony of the second degree.
    4. Felony of the third degree.
    5. Misdemeanor of the first degree.
    6. Misdemeanor of the second degree.
    7. Misdemeanor of the third degree.
    (b) Classification of crimes.--

    7. A crime is a misdemeanor of the second degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than two years.


  8. #8
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    Thanks for more info Knight. I'm aware of the state preemtion of all the laws, what I was really looking for was the actual ordinance from the City code that some of the City Police try to site when I am a victim of the "Man with a gun" call. From personal experience I can say that about 1/2 of the officers I have encountered in this instance know that the code is preemted, and the other half either dont know or dont care.

  9. #9
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    Falcon they better start careing because we are not going away,and this kind of nonsense will cause trouble for there dept.

  10. #10
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    +1 Mtnjack

  11. #11
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    knight0334 wrote:
    In Ortiz v. Commonwealth, it was ruled that State law prohibited lessor municipalities to govern ownership or carrying of firearms. That State law said that those who carry in a City of the First Class, 1 million residents, need to have a license to carry whether openly or concealed.
    Well, the Ortiz ruling didn't create, but rather affirmed the existing statute:

    TITLE 18 Chapter 61 Subchapter A § 6120.

    (a) General rule.--No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.


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