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State Park OC Test
#1
Since it seems like this "is it preempted?" thing regarding OC in PA State Parks has been going round and round for what seems like years now, I wonder if it's time for a minor test case.

Any organized event in a State Park requires a permit from the DCNR. (See 11.213 here.)

So why don't we apply for a permit for an OC picnic, making it very clear that that is what it is and that some, if not most, attendees WILL be OCing?

If they deny the permit, or approve it on the condition that nobody OCs, then there's a test case without putting anyone's future at risk. That would create "standing."

Thoughts?
gascolator, proud to be a member of pa2a.org since Nov 2012.
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#2
gascolator;128624 Wrote:Thoughts?

Maybe not until late Spring. .....kinda cold for a picnic.
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#3
Philadelphia Patriot;128625 Wrote:
gascolator;128624 Wrote:Thoughts?

Maybe not until late Spring. .....kinda cold for a picnic.

Where's your sence of adventure?
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#4
Philadelphia Patriot;128625 Wrote:
gascolator;128624 Wrote:Thoughts?

Maybe not until late Spring. .....kinda cold for a picnic.

We just need a big enough fire! Cool
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
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#5
Philadelphia Patriot;128625 Wrote:
gascolator;128624 Wrote:Thoughts?

Maybe not until late Spring. .....kinda cold for a picnic.

The point is not so much the gathering but whether we get the permit.

File for the permit now, for May even, and let them turn it down, citing public safety, or the anti-OC rule, or some such thing.

The point is either to get DCNR to concede that the rule is preempted or to establish standing to fight for a ruling that it is preempted.

The only other way to establish standing is to get busted by a Ranger for OC.
gascolator, proud to be a member of pa2a.org since Nov 2012.
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#6
Curmudgeon;128634 Wrote:
Philadelphia Patriot;128625 Wrote:Maybe not until late Spring. .....kinda cold for a picnic.

We just need a big enough fire! Cool

I'll bring the gasoline...
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#7
streaker69;128644 Wrote:
Curmudgeon;128634 Wrote:We just need a big enough fire! Cool

I'll bring the gasoline...

and your famous wings!
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#8
If they deny the permit because of oc then what would be the next step?
Stonewall, proud to be a member of pa2a.org since Sep 2012.
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#9
Quote:If they deny the permit because of oc then what would be the next step?

Then there is standing to file a court case against the DCNR for violating preemption. To get that standing, the DCNR has to take some action, and that action is a damned site more pleasant than having a ranger bust an individual for open carry.
gascolator, proud to be a member of pa2a.org since Nov 2012.
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#10
I think you ought to run this by gunlawyer at the other site. I have a feeling that this wouldn't establish standing, but IANAL.

Secondly, who would take up the case? Meaning, which of us would devote the time, money, and effort to do it?

Justin
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