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'Public Nuisance' laws?

jahwarrior

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a few weeks ago, i took a picture of a sign in McDade Park, a Lackawanna County park, with their rules on it. among the few rules listed, was one stating 'no firearms': http://www.pafoa.org/forum/question-answer-40/27557-so-if-park-not-state-park.html#post357067

like i said i would, i emailed the county commissioner's office about it. actually, i emailed a few people. here's who i contacted, in order:

first, i contacted Bill Davis, the parks director. i emailed, then called a few days later. his office refused to answer any of my questions, and directed me to contact the county commissioner's office.

:(

i then emailed the commissioner's office. after a few days, i called them. i left a message for them, and made an appointment to meet either commissioner Washo or O'Brien. a few days later, i recieved a call from their office. their assistant instructed me to contact Bill Moran, the head of their legal department, and i was assured that all of my questions would be answered by him.

:banghead:


so, here's me, calling up the lawyer. i left a message for him, and he called me back a day later. he went on to say (or rather pass the buck off) that the sheriff's office was responsible for the sign (a sign in a park?), and that i should speak to sheriff John Szymanski or deputy sheriff Dom Manetti.

:cuss:

i hung up, and called the sheriff's office. i spoke to a deputy, and told him my story. he was very sympathetic, and annoyed that every party involved chose to pass the buck to them. he also said that the sign was, in fact, violating state law, and that his boss would surely get to the bottom of it. he put me through to Manetti's line. i got a machine, so i left a message.

a few minutes later, he called back. he said he already knew of the situation, because every other party involved forwarded my emails and phone conversations to him.:mad: he asked me to tell him again anyway. i won't repeat the conversation word for word, because that's take an hour. to be short about it, i asked him the legality of the sign, citing the Uniform Firearms Act of PA, and whether the county could enforce the park rules. his response, simply, was that although i would not be arrested for carrying a gun in the park, i would be escorted of the property.

?

he went on to say that although open carry on public property is not illegal, as is concealed carry with a LTCF, and that open carry is not considered 'disorderly conduct,' it could be considered a 'public nuisance'; that means, a person OCing could be treated like someone who is screaming for no reason, playing rock'n'roll too loudly on a boombox, or yelling at someone's kids: they won't arrest them, but they will escort them out of the park, until their annoying behavior stops. so, essentially, if i carry in a park, and someone calls the police, Scranton PD and Lackawanna County sheriffs will arrive to escort me to my van, and make me lock up my gun, or they'll make sure i leave the park.

here's where it gets interesting.

when i asked about this 'public nuisance' law, and where it could be applied. his response: anywhere, at anytime, on public property.

"so, if i leave my apartment, with a gun on my belt, and walk down the street to the store, a cop can stop me and make me go back home, and leave it there? is that what you're saying?"

"well, technically, yes. it sounds crazy, but many people have the wrong idea about public property. there are rules you have to follow. this isn't the wild west, and although you can't be arrested for carrying a gun, you can be asked to cover it up, or leave it home."

i was more than a little shocked. "well, what if you don't have a LTCF?"

"then you shouldn't be carrying a gun! there's no good reason not to get a license, if you're legally able to do so..."

"seriously, you're saying that a cop can tell me i can't carry a gun openly walking down the street? seriously?"

"i'm saying that can happen, yes. hello? hello?"

i was speechless for a minute or so.

"so, to get around the Uniform Firearms Act, you're saying that a LEO can cite the 'public nuisance' laws to discourage the open carry of a firearm?"

"it's not 'getting around' anything," he said. he started to sound uncomfortable. "i'm simply saying that if you have a gun in the open, and someone calls the police, you can be cited for causing a public nuisance. something that can scare or disturb or annoy the public falls under that law, and, yes, many folks are scared of guns. you're gonna have to get used to that fact."

"soooooo, if i'm in a parking lot of a supermarket and some guy starts yelling and cursing at me, in front of my kids, while i'm putting groceries away, could that be considered a 'public nuisance'?"

"yes, and harrassment, maybe."

"okay. ugh."

"i hope i could help you out, and i hope i've answered any questions you may have had. i'm sorry if you're not satisfied with the answers."

"well, i'm not satisfied, but i appreciate your professionalism, and your honesty."
:banghead::cuss::banghead::cuss:

now what? i've been told by the sheriff that a cop can stop me from OCing on foot, anywhere, at anytime. the county commissioner's office making sure to keep me at arm's length, and absolutely nothing has changed. i'm not sure what to do next. any advice, you guys?
 

Prophet

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Pennsylvania Nusiance Law:


1. A public nuisance is an unreasonable interference with a right common to the general public.

2. Circumstances that may sustain a holding that an interference with a public right is unreasonable include the following:

a. whether the conduct involves a significant interference with the public health, the public safety, the public peace, the public comfort, or the public convenience, or

b. whether the conduct is proscribed by a statute, ordinance or administrative regulation, or;

c. whether the conduct is of a continuing nature or has produced a permanent or long-lasting effect, and, as the person knows or has reason to know, has a significant effect upon the public right.



Now, unless they plan on chewing up and spitting out the spirit of "public peace" and "public comfort" they really can't apply it. I mean...open carry is a legal act and as such is just as much a nuisance as a black man in an all white neighborhood doing some shopping; that is to say, there is no nuisance.
 

imperialism2024

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So... perhaps the solution is to call their bluff. Maybe we could have an OC picnic in McDade park. Either they will drop the "public nuisance" BS, or they can cite all of us, and see what the courts have to say about it... God knows I could always use the money.

Sound like a plan? :D
 
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Steve in PA wrote:
There is no "public nuisance" law in PA, only disorderly conduct.

Not true steve ....

Title 18 & 6504 Public nuisances

Whoever erects, sets up, establishes, maintains, keeps or continues, or causes to be erected, set up, established, maintained, kept or continued, any public or common nuisance is guilty of a misdemeanor of the second degree. Where the nuisance is in existence at the time of the conviction and sentence, the court, in its discretion, may direct either the defendant or the sheriff of the county at the expense of the of the defendant to abate the same.



That is word for word out of the PA Crimes Code, now that said though, that wouldnt hold any water in my opionion in any court for you OC'ing but its not my job to interpret the laws, thats the Judges.
 

jahwarrior

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i think an OC picnic in the park maybe the only answer. yesterday, i attended a county commissioner's meeting, to address this issue. their faces went from pleasant to horrified. i guess it was the fact that the county is in violation of state law, and someone was calling them on it. but, i got no response from them, just blank, horrified stares. when i was done, they thanked me for my comments.


basically, it was a "hi, how are you, there's the door, now get out" type of things. theLackawanna County DA, Andy Jarbola,stuck his face in his paperwork when i walked by him. the only guys who were actually considerate were the sheriff's deputies at the door. they were very professional in dealing with me, and gave me no hassle about locking my gun up. they were the ones who told me that certain rooms are used to hold hearings (mostly family court), so the building fell under courthouse rules. so, no pepper spray, no knife, no camera, and no guns. no problem. the sargent checked my LTCF, handed me a key, and let me go about my business.

it might interest you guys to know, that i contacted congressman kanjorkski's office, and the office of state rep. frank shimkus. kanjorski's office is right across the street. i figured i'd go in before the meeting, and ask what his stance on 2A was. the guys working the phones say he is very pro 2A. i told them what was going on, and they were very interested in the outcome; they asked me to come back after the meeting and let them know how it went. i did, and they took down my info; i also gave them a flier containing OC laws, a copy of the Uniform Firearms Act, and a copy of the statement i prepped. they seemed thankful, and suggested i also contact mr. shimkus about this problem. so, we'll see.

also, the fact that the county is in violation is now a matter of public record: a cameraman from channel 61, Scraton Today, was there, and told me he was sending a copy to ECTV, as well. so, even though nobody actually watches either station, it's now on record.

in addition, i contacted WNEP and WBRE news, and tried to sell them the story.

me: "so, how newsworthy would a story about Lackawanna County knowingly violating state law be?"

them: "say whaaaaaaaaaaaaaaaaat???

we all know how news stations love to aim their sights at politicians....



the only other thing i can think of is to hold a picnic in the park, and draw attention to it by inviting the media. i wonder how eager the sheriff's office would be to cite anyone, then...
 

Sonora Rebel

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In the Heller case, Justice Scalia wrote: "Nowhere else in the Constitution does a "right" attributed to "the people" refer to anything other than an individual right. What is more, in all six other provisions of the Constitution that mention "the people," the term unambiguously refers to all members of the political community, not an unspecified subset. ... The Second Amendment extends, prima facie, to all instruments that constitute bearable arms.... The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it 'shall not be infringed'."

Send THIS to that Sheriff! Rights are not licensed!
 

Steve in PA

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PASTATECONSTABLE wrote:
Steve in PA wrote:
There is no "public nuisance" law in PA, only disorderly conduct.

Not true steve ....

Title 18 & 6504 Public nuisances

Whoever erects, sets up, establishes, maintains, keeps or continues, or causes to be erected, set up, established, maintained, kept or continued, any public or common nuisance is guilty of a misdemeanor of the second degree. Where the nuisance is in existence at the time of the conviction and sentence, the court, in its discretion, may direct either the defendant or the sheriff of the county at the expense of the of the defendant to abate the same.



That is word for word out of the PA Crimes Code, now that said though, that wouldnt hold any water in my opionion in any court for you OC'ing but its not my job to interpret the laws, thats the Judges.

In 6504 a public nuisance is clearly a physical object. OC is NOT a public nuisance.

If OC is a public nuisance, then so is wearing goth clothing or wearing a t-shirt that says "kill 'em all, let god sort them out".
 
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Steve in PA wrote:
PASTATECONSTABLE wrote:
Steve in PA wrote:
There is no "public nuisance" law in PA, only disorderly conduct.

Not true steve ....

Title 18 & 6504 Public nuisances

Whoever erects, sets up, establishes, maintains, keeps or continues, or causes to be erected, set up, established, maintained, kept or continued, any public or common nuisance is guilty of a misdemeanor of the second degree. Where the nuisance is in existence at the time of the conviction and sentence, the court, in its discretion, may direct either the defendant or the sheriff of the county at the expense of the of the defendant to abate the same.



That is word for word out of the PA Crimes Code, now that said though, that wouldnt hold any water in my opionion in any court for you OC'ing but its not my job to interpret the laws, thats the Judges.

In 6504 a public nuisance is clearly a physical object. OC is NOT a public nuisance.

If OC is a public nuisance, then so is wearing goth clothing or wearing a t-shirt that says "kill 'em all, let god sort them out".

"In 6504 a public nuisance is clearly a physical object. OC is NOT a public nuisance."

and what do you think your handgun is an imaginary object?
 

Statkowski

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A firearm is a tool, nothing more. Used in conjunction with something else, however, might possibly constitute a public nuisance (e.g., illegal/unauthorized firing range), but any prosecutor attempting to have a firearm all by itself declared a public nuisance would be laughed out of court, by the judge. Besides, Article 1, Section 21 and the UFA would overrule any public nuisance application thereof.
 

Sonora Rebel

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Do these politicians ever bother to read their own State's Consitution? How hard is that?
 

Steve in PA

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PASTATECONSTABLE wrote:
Steve in PA wrote:
PASTATECONSTABLE wrote:
Steve in PA wrote:
There is no "public nuisance" law in PA, only disorderly conduct.

Not true steve ....

Title 18 & 6504 Public nuisances

Whoever erects, sets up, establishes, maintains, keeps or continues, or causes to be erected, set up, established, maintained, kept or continued, any public or common nuisance is guilty of a misdemeanor of the second degree. Where the nuisance is in existence at the time of the conviction and sentence, the court, in its discretion, may direct either the defendant or the sheriff of the county at the expense of the of the defendant to abate the same.



That is word for word out of the PA Crimes Code, now that said though, that wouldnt hold any water in my opionion in any court for you OC'ing but its not my job to interpret the laws, thats the Judges.

In 6504 a public nuisance is clearly a physical object. OC is NOT a public nuisance.

If OC is a public nuisance, then so is wearing goth clothing or wearing a t-shirt that says "kill 'em all, let god sort them out".

"In 6504 a public nuisance is clearly a physical object. OC is NOT a public nuisance."

and what do you think your handgun is an imaginary object?
Read the freaking law. A nuisance is something like a sign, building or other obstruction. A nuisance is NOT a gun.
 
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I just love all the PA Supreme Court and the US Supreme Court Justices and lawyers that post on here. Steve if your handgun wasnt an object then I would presume then there wouldnt be any Public Nuisance charges levied on people then would there? True not all stick but since you and lots of others here seem to be "blog lawyers" then do the research and see just how many of them DO stick.

But I forgot because you and all OC's here feel its not right and interpret a law 50 thousand different ways then everyone else must be wrong again but the ones posting here.

I AGREE with you that an individual that is legal to carry can carry and if someone else dont like it then oh well, but here in the real world it doesnt work like that. You have to take the situation at hand and apply common sense and not this well by God the law and Constitution gives me the right so damn everyone else and damn the law.

That attitude is EXACTLY why OC'ers have to keep on daily, weekly and yearly fighting for rights that are already there for them because ALOT, not all have that mentality of "its my right so to hell with yours". Well I LOVE to OC also when not in uniform,...ie, Constable uniform and Deputy Sheriffs uniform but I dont try to SHOVE that right to OC in others face as a few here seem to want to do and think they should do because you only defeat your purpose and cause more people to turn away from it and at the rate its going with that attitude it is just as easy for the US Supreme court and the PA Supreme court to take the OC right away.

Yep your already saying it cant be done, an amendment to that right and majority of people backing that amendment WILL do it. Thats one reason one poster on here got arrested from Mountain Top today at a rally because of the "I will show them" without thinking things through. I dont know myself of a law that forbids carrying around a politician but I am sure we will see soon enough,...by the way a Constable is an elected position for 6 year terms so I presume I could enforce that law for people around me then huh?....yeah right like that would happen.
 

jahwarrior

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PASTATECONSTABLE wrote:
But I forgot because you and all OC's here feel its not right and interpret a law 50 thousand different ways then everyone else must be wrong again but the ones posting here.

what you seem to be missing, is that nobody's "interpreting" anything. the law is pretty clear, and the violation is, too. it's not muddied or obfuscated by legal mumbo jumbo. i made this clear to the county commissioner's office, and to the sheriff's office; it's they who are trying to "interpret" the law 50,000 different ways, to suit their own purpose. that purpose being, to violate state law. and, if you've bothered to read through this forum, you'd have noticed that people who OC for politcal reasons are very concerned for the rights of others. all of the Amendments of the Constitution are important to us, not just the Second.

and as for the gentleman from who was arrested earlier this evening, i'll just say this: if you can't do something smart, do something right.
 

Pa. Patriot

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PASTATECONSTABLE wrote:
You have to take the situation at hand and apply common sense and not this well by God the law and Constitution gives me the right so damn everyone else and damn the law.
Strike ONE:
No, we follow the law. Actually your statement doesn't even make sense. The law says we can so damn the law? Are you drunk?



PASTATECONSTABLE wrote:
... but I dont try to SHOVE that right to OC in others face as a few here seem to want to do and think they should do

Strike TWO
: OC is not shoving anything in anyones face. The reality of OC is that people don't notice and when they do they rarely care.
Nobody is shoving their guns in other peoples faces. That's 100% irrelevant hyperbole.



PASTATECONSTABLE wrote:
Thats one reason one poster on here got arrested from Mountain Top today at a rally ...

Strike THREE
: No one from Mtn. Top got arrested today. You can't seem to process and comprehend the info in a thread and you have the nerve to lecture us on the LAW? ROFL

No, OC will not make OC illegal. Else it would have happened already elsewhere.
Fact is that OC has only furthered the rights of ALL gun owners in all the states it is practiced in.


YOUR OUT! So sorry for your loss.
 

SP101

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Pa. Patriot wrote:
PASTATECONSTABLE wrote:
You have to take the situation at hand and apply common sense and not this well by God the law and Constitution gives me the right so damn everyone else and damn the law.
Strike ONE:
No, we follow the law. Actually your statement doesn't even make sense. The law says we can so damn the law? Are you drunk?



PASTATECONSTABLE wrote:
... but I dont try to SHOVE that right to OC in others face as a few here seem to want to do and think they should do

Strike TWO
: OC is not shoving anything in anyones face. The reality of OC is that people don't notice and when they do they rarely care.
Nobody is shoving their guns in other peoples faces. That's 100% irrelevant hyperbole.



PASTATECONSTABLE wrote:
Thats one reason one poster on here got arrested from Mountain Top today at a rally ...

Strike THREE
: No one from Mtn. Top got arrested today. You can't seem to process and comprehend the info in a thread and you have the nerve to lecture us on the LAW? ROFL

No, OC will not make OC illegal. Else it would have happened already elsewhere.
Fact is that OC has only furthered the rights of ALL gun owners in all the states it is practiced in.


YOUR OUT! So sorry for your loss.


+1:lol:

For the record, let it be known that MTN Jack is from Beaver Pa., NOT Mtn Top Pa. , but being that PaStateConstable is so intelligent, WE are probably wrong about that too.:?

Also, I would like to point out that, Steve in PA, is a "Real" Police officer, so pleasestop trying to tell him about the Laws.:idea:
 
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computer rambos on here I see, makes you almost want to rally for the side to take your weapons away because your so blind about....we are right we are right we are right, attitude that your not even capable of seeing on the other side of the fence..one way train of thought, your way or the highway. wanna be's for some of you and those of you KNOW who I am talking to because you will be the ones to respond rambo style.
 
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