Mike
Site Co-Founder
imported post
Here I my quick observations on the article:
Good points: There appears to be some acceptance by the police chief that gun carry is not a crime, and the City Attorney recognizes that localities have no power to regulate guns, and state legislators want nothing to do with banning open carry or enacting gun registrtation.
Bad points: Police chief is encouraging businesses to ban all gun carry, concealed and unconcealed, and post their premises. Sounds like a violation of preemtion at least in spirit. "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." 18 Pa. C.S. 6120(a). Further, by stating that the police will not respond at all to 911 calls about a man with a gun unless a specific law is alleged to be broken, the police chief seems to conflate "sending a police unit to check out a 911 call" with "violations of gun owners rights by officers on the call." This misses the point that there was nothing wrong in dispatching the police to the Old Country Buffett - the officers should have responded, once dispatched, investigated by taking a look around, talked with a few folks, and left.
NOTE: As far as I know, Dicks Sporting goods and Home Depot corporate policy does not allow posting against gun carry and assimilates state law for customers. So let have some Scranton area folks scout out these businesses and report back if they are posted.
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http://www.thetimes-tribune.com/site/news.cfm?newsid=19718990&BRD=2185&PAG=461&dept_id=415898&rfi=6
Businesses banning guns
BY CHARLES SCHILLINGER
STAFF WRITER
05/25/2008
DICKSON CITY — Police Chief William Stadnitski opened a letter Friday from Long John Silver’s and read again the same business policy he has seen two dozen times since a May 9 incident in his borough.
No guns allowed.
The Police Department has been querying businesses to see where people are allowed to carry weapons, and where it is prohibited by company policy.
The query follows an incident in which a dozen customers at Old Country Buffet were questioned by police for openly carrying guns. One person was detained and his gun confiscated.
To Chief Stadnitski’s surprise, the response from business owners has been overwhelmingly against allowing gun-carrying patrons in their establishments.
“And many, they’re not just saying ‘no.’ They’re very vocal about this,” he said. “We expected more businesses to allow it.”
The only Dickson City business that has said it will allow customers to carry firearms to date is Cartridge World, said Chief Stadnitski.
Dickson City solicitor William Jones said guns are also not allowed in schools and courthouses. He said municipalities have no power to regulate or restrict gun use.
“Any redress would have to come from the (state) Legislature,” Mr. Jones said.
State legislators largely did not return calls for comment on the gun-rights issue in Dickson City.
State Sen. Robert Mellow, D-Peckville, said any change in the gun legislation would be difficult, and he would not be in favor of it. Rep. Ed Staback, D-Archbald, who also represents Dickson City, made similar statements recently.
“Guns are not the problem. It’s some of the people who have them,” Mr. Mellow said. “If we were to restrict them further, then those who shouldn’t have guns would be the only ones who have them.”
Sen. Lisa Baker, whose district includes parts of Wayne, Luzerne, Susquehanna, Wyoming, Pike and Monroe counties, did not return a call, but released a short statement saying she supported the right of citizens to bear arms.
Almost a year ago, a Philadelphia state representative introduced a bill that would require strict gun-registration measures and require a $10-a-gun yearly tax.
The protests were immediate and, for fellow Democrats like Rep. Tim Seip, D-Schuylkill, uncomfortable. Mr. Seip’s district is often referred to as the “Cabela’s District” since it is home to the state’s only Cabela’s retail store. The business is one of the largest suppliers of hunting, fishing and other outdoor supplies.
“I think there is an overwhelming sentiment from my constituents ... to have them be less restrictive,” Mr. Seip said of existing laws.
He called a recent incident in which a Philadelphia police officer was shot “terrible,” but said more laws wouldn’t solve the issue despite people lobbying for just that.
“There are people in the commonwealth, constituents of my colleagues, who are very desperate to find an answer to the remedy of these acts by terrible, habitual criminals,” Mr. Seip said. “But those terrible acts won’t be remedied by more laws.”
The law states people have a right to openly carry weapons in public. But Chief Stadnitski said it is a business’s right to kick those people off the property if carrying a weapon there violates policies. He is encouraging businesses to post such policies for customers.
Anyone refusing to leave a business when asked by the owner can be arrested for defiant trespass.
Chief Stadnitski said the list of businesses that have opted to prohibit guns includes the entire Viewmont Mall and many larger chains, such as PetSmart, Borders, Sleepy’s, Home Depot and even Dick’s Sporting Goods, which sells gun-related products.
Because many of the larger chain businesses are waiting for responses from corporate headquarters, police have not finished compiling the list.
Chief Stadnitski said the police wanted that list so they know where in the borough they should respond should someone be openly carrying a gun. Otherwise, unless another law is broken, police will not respond to a report of a person carrying a gun in those businesses.
“Nobody wants trouble. They don’t want trouble, and certainly we don’t trouble, either,” he said.
Here I my quick observations on the article:
Good points: There appears to be some acceptance by the police chief that gun carry is not a crime, and the City Attorney recognizes that localities have no power to regulate guns, and state legislators want nothing to do with banning open carry or enacting gun registrtation.
Bad points: Police chief is encouraging businesses to ban all gun carry, concealed and unconcealed, and post their premises. Sounds like a violation of preemtion at least in spirit. "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." 18 Pa. C.S. 6120(a). Further, by stating that the police will not respond at all to 911 calls about a man with a gun unless a specific law is alleged to be broken, the police chief seems to conflate "sending a police unit to check out a 911 call" with "violations of gun owners rights by officers on the call." This misses the point that there was nothing wrong in dispatching the police to the Old Country Buffett - the officers should have responded, once dispatched, investigated by taking a look around, talked with a few folks, and left.
NOTE: As far as I know, Dicks Sporting goods and Home Depot corporate policy does not allow posting against gun carry and assimilates state law for customers. So let have some Scranton area folks scout out these businesses and report back if they are posted.
--
http://www.thetimes-tribune.com/site/news.cfm?newsid=19718990&BRD=2185&PAG=461&dept_id=415898&rfi=6
Businesses banning guns
BY CHARLES SCHILLINGER
STAFF WRITER
05/25/2008
DICKSON CITY — Police Chief William Stadnitski opened a letter Friday from Long John Silver’s and read again the same business policy he has seen two dozen times since a May 9 incident in his borough.
No guns allowed.
The Police Department has been querying businesses to see where people are allowed to carry weapons, and where it is prohibited by company policy.
The query follows an incident in which a dozen customers at Old Country Buffet were questioned by police for openly carrying guns. One person was detained and his gun confiscated.
To Chief Stadnitski’s surprise, the response from business owners has been overwhelmingly against allowing gun-carrying patrons in their establishments.
“And many, they’re not just saying ‘no.’ They’re very vocal about this,” he said. “We expected more businesses to allow it.”
The only Dickson City business that has said it will allow customers to carry firearms to date is Cartridge World, said Chief Stadnitski.
Dickson City solicitor William Jones said guns are also not allowed in schools and courthouses. He said municipalities have no power to regulate or restrict gun use.
“Any redress would have to come from the (state) Legislature,” Mr. Jones said.
State legislators largely did not return calls for comment on the gun-rights issue in Dickson City.
State Sen. Robert Mellow, D-Peckville, said any change in the gun legislation would be difficult, and he would not be in favor of it. Rep. Ed Staback, D-Archbald, who also represents Dickson City, made similar statements recently.
“Guns are not the problem. It’s some of the people who have them,” Mr. Mellow said. “If we were to restrict them further, then those who shouldn’t have guns would be the only ones who have them.”
Sen. Lisa Baker, whose district includes parts of Wayne, Luzerne, Susquehanna, Wyoming, Pike and Monroe counties, did not return a call, but released a short statement saying she supported the right of citizens to bear arms.
Almost a year ago, a Philadelphia state representative introduced a bill that would require strict gun-registration measures and require a $10-a-gun yearly tax.
The protests were immediate and, for fellow Democrats like Rep. Tim Seip, D-Schuylkill, uncomfortable. Mr. Seip’s district is often referred to as the “Cabela’s District” since it is home to the state’s only Cabela’s retail store. The business is one of the largest suppliers of hunting, fishing and other outdoor supplies.
“I think there is an overwhelming sentiment from my constituents ... to have them be less restrictive,” Mr. Seip said of existing laws.
He called a recent incident in which a Philadelphia police officer was shot “terrible,” but said more laws wouldn’t solve the issue despite people lobbying for just that.
“There are people in the commonwealth, constituents of my colleagues, who are very desperate to find an answer to the remedy of these acts by terrible, habitual criminals,” Mr. Seip said. “But those terrible acts won’t be remedied by more laws.”
The law states people have a right to openly carry weapons in public. But Chief Stadnitski said it is a business’s right to kick those people off the property if carrying a weapon there violates policies. He is encouraging businesses to post such policies for customers.
Anyone refusing to leave a business when asked by the owner can be arrested for defiant trespass.
Chief Stadnitski said the list of businesses that have opted to prohibit guns includes the entire Viewmont Mall and many larger chains, such as PetSmart, Borders, Sleepy’s, Home Depot and even Dick’s Sporting Goods, which sells gun-related products.
Because many of the larger chain businesses are waiting for responses from corporate headquarters, police have not finished compiling the list.
Chief Stadnitski said the police wanted that list so they know where in the borough they should respond should someone be openly carrying a gun. Otherwise, unless another law is broken, police will not respond to a report of a person carrying a gun in those businesses.
“Nobody wants trouble. They don’t want trouble, and certainly we don’t trouble, either,” he said.
