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PA Superior Court Rules Against McKown - Major blow to non-resident permit holders
#1
This is NOT good!

Quote:In Pennsylvania Superior Court, the case is Commonwealth v. McKown. The court rules that Pennsylvania residents are required to have a license to carry issued by Pennsylvania, and that residents cannot lawfully carry on licenses issued by foreign jurisdictions, even if reciprocity exists. What’s the court’s reasoning? Because the law says anyone wishing to carry a concealed firearm must apply to his or her sheriff (or Chief of Police for Philadelphia) for a license, which implies that the legislature intended Pennsylvania residents to have Pennsylvania license. This means if you’re a Pennsylvania resident, and are carrying on the license of another state, you are breaking the law. This is a very odd reading of the statute in question, and took quite a stretch, I think, for the court to reach. And if that’s not enough, the “constitutional and criminal law frontiersman” raised Second Amendment claims too.

http://www.pagunblog.com/2013/10/23/new-...amendment/
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#2
If I read things correctly, this ruling is because of the stipulations of the other state's permit - NH requires that you have a valid permit in your own state. Because his permit was revoked, that automatically makes his NH permit invalid.
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#3
mingomom;122838 Wrote:If I read things correctly, this ruling is because of the stipulations of the other state's permit - NH requires that you have a valid permit in your own state. Because his permit was revoked, that automatically makes his NH permit invalid.
That makes sense to me.
das, proud to be a member of pa2a.org since Sep 2012.
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#4
mingomom;122838 Wrote:If I read things correctly, this ruling is because of the stipulations of the other state's permit - NH requires that you have a valid permit in your own state. Because his permit was revoked, that automatically makes his NH permit invalid.

As I read it the court said the NH permit was invalid, but then proceeded to analyze the case as if it were valid. And found that even if the NH permit were valid that it wouldn't be legal for concealed carry in PA because McKown didn't have a current PA LTCF.

This is a horrible ruling.
I am not a lawyer.
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#5
I am not a lawyer but isn't there some hope this case can be heard and overturned by the PA Supreme Court?
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#6
Jon Doe;122869 Wrote:I am not a lawyer but isn't there some hope this case can be heard and overturned by the PA Supreme Court?

We can only hope that it will be at this point, that's the only option we have. But if they find the same as the appellate court, then there isn't much that can be done. A fight that didn't need to be fought cost the entire state a lot.
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#7
Jon Doe;122869 Wrote:I am not a lawyer but isn't there some hope this case can be heard and overturned by the PA Supreme Court?

Yes, but that will involve substantial time, effort, and most importantly money on the part of the defendant.

(Also, hopefully, legal representation which is capable of following the court's simplest and most obvious rules of procedure. I doubt the PA Supreme Court takes any more kindly to improperly formatted pleadings than does the Superior Court.)
I am not a lawyer.
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#8
I love it when people go out of there way to look for something that could be interpreted the way they want it.
The law? The law is a human institution...
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#9
streaker69;122870 Wrote:We can only hope that it will be at this point, that's the only option we have. But if they find the same as the appellate court, then there isn't much that can be done. A fight that didn't need to be fought cost the entire state a lot.

Actually, I believe that even if this case proceeds no further, another party similarly situated could take their own case to the PASC. Big picture, that might be a better bet than this case going all the way. If this case fails there, it will be very difficult to undo, and would presumably take a long amount of time before the court would again consider the core issue.
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#10
gnbrotz;122894 Wrote:
streaker69;122870 Wrote:We can only hope that it will be at this point, that's the only option we have. But if they find the same as the appellate court, then there isn't much that can be done. A fight that didn't need to be fought cost the entire state a lot.

Actually, I believe that even if this case proceeds no further, another party similarly situated could take their own case to the PASC. Big picture, that might be a better bet than this case going all the way. If this case fails there, it will be very difficult to undo, and would presumably take a long amount of time before the court would again consider the core issue.

It might take quite a while before it gets undone in another case, but I do also fear that the facts of this case would taint this one in the PASC. It took 5 years for it to get to this point, how many years is this going to be in effect before the PASC gets to hear it?
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