Legal Question - Uncertified Constable Carry

[mjf]

I was wondering, what's the exact law on a Constable carrying a firearm, while not performing judicial duties?

Here's what I found:

42 Pa. Cons. Stat. § 2948

§ 2948. Use of firearms.
(a) Standards.--The Constables' Education and Training
Board, with the review and approval of the Pennsylvania
Commission on Crime and Delinquency, shall establish standards
for the certification or qualification of constables and deputy
constables to carry or use firearms in the performance of any
duties.
(b) Certification and qualification.--Until such time as the
board establishes the standards pursuant to subsection (a), no
constable or deputy constable shall carry or use a firearm in
the performance of any duties unless he is currently certified
or qualified in firearms under at least one of the following:
(1) The act of June 18, 1974 (P.L.359, No.120), referred
to as the Municipal Police Education and Training Law.
(2) The act of October 10, 1974 (P.L.705, No.235), known
as the Lethal Weapons Training Act.
(3) The act of February 9, 1984 (P.L.3, No.2), known as
the Deputy Sheriffs' Education and Training Act.
(c) Availability.--In accordance with subsection (b), the
firearms portion of the education and training under the listed
laws shall be made available to constables and deputy
constables.

Now, this seems to be organized under:
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure
Part II. Organization
Subpart B. Other Structural Provisions
Chapter 29. Officers Serving Process and Enforcing Orders

So, does the "any duties" refer to "Officers Serving Process and Enforcing Orders?"

It seems that 42 Pa.C.S.A. § 2941 takes time to define the term judicial duties, but not "any duties" or the term "duties."

42 Pa.C.S.A. § 2941

>>§ 2941. Definitions

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Account." The Constables' Education and Training Board established in section 2949 (relating to restricted account).

"Board." The Constables' Education and Training Board established in section 2943 (relating to board established).

"Commission." The Pennsylvania Commission on Crime and Delinquency of the Commonwealth.

"Court." The minor judiciary or any other court in this Commonwealth.

"Judicial duties." Those services specified in section 2950 (relating to fees).

"Term of office of a deputy constable." The term of office of the constable who appointed him.

Now, in § 2948, I don't see any penalty for violating these statute... so, I'm not really sure what that means...

So, anyways, is the firearms certification provision limited to only judicial duties, by virtue of it being listed under "Title 42 Pa.C.S.A. Judiciary and Judicial Procedure", or can its scope exceed that? Further, plain and simple, can an uncertified constable carry while not performing judicial duties, but while performing other duties, such as peacekeeping?

[ar15jules]

Does he have a LTCF or does he OC? If so, what has he got to worry about?
Jules

[pex]

Originally Posted by ar15jules

Does he have a LTCF or does he OC? If so, what has he got to worry about?
Jules

Driving in a vehicle? Not having a LTCF and being a Peace Officer?

What good is carrying in 50 states if you can only carry in 49, most notably NOT the state in which you carry out most of your duties?

[mjf]

I'm basically asking about peacekeeping duties/"poll duty"...

[ar15jules]

I understood the OP to ask if a Constable could carry while not performing his official duties. I gave two examples.
Jules

[mjf]

Originally Posted by ar15jules

I understood the OP to ask if a Constable could carry while not performing his official duties. I gave two examples.
Jules

Sorry, I was a bit unclear.

[pex]

Being a peace officer is an official duty. It's not some 'extra thing'.

[mjf]

ok.. so what exactly does the law mean then?

[Philadelphia]

Originally Posted by mjf

I was wondering, what's the exact law on a Constable carrying a firearm, while not performing judicial duties?

Here's what I found:



Now, this seems to be organized under:
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure
Part II. Organization
Subpart B. Other Structural Provisions
Chapter 29. Officers Serving Process and Enforcing Orders

So, does the "any duties" refer to "Officers Serving Process and Enforcing Orders?"

It seems that 42 Pa.C.S.A. § 2941 takes time to define the term judicial duties, but not "any duties" or the term "duties."

42 Pa.C.S.A. § 2941


Now, in § 2948, I don't see any penalty for violating these statute... so, I'm not really sure what that means...

So, anyways, is the firearms certification provision limited to only judicial duties, by virtue of it being listed under "Title 42 Pa.C.S.A. Judiciary and Judicial Procedure", or can its scope exceed that? Further, plain and simple, can an uncertified constable carry while not performing judicial duties, but while performing other duties, such as peacekeeping?

What it means is that a constable can't carry while performing any duties as a constable unless the constable is certified per the requirements of that law. The law being codified under title 42 doesn't change the scope of the words enacted. If what the guy is doing falls under the statutory authority or responsibility of a constable, he has to get Act 120 or Act 235 certified to carry a gun while doing it.

While not performing any duties as a constable (like on his own time) he or she can carry under the same rules as everyone else. Open carry on foot or get the LTCF (or jump through whatever hoops would be necessary to qualify under LEOSA).

Just out of curiousity, why do you ask?

[CZ40P]

In PA constables are trained under Act 44 by the Pennsylvania Commission on Crime and Delinquency.

http://www.fe.psu.edu/CE/23563.htm

http://www.pccd.beta.state.pa.us/pcc...=1430&Q=574640

Also PA State Constables are covered under LEOSA, so a LTCF would not be needed off duty.

I would also like to point out that Constables are specifically named in the UFA as being exempt. Just like police officers.

I have read remarks from different Constables in their "Constable Forums" that "certification" is only needed if you are going to actually work for the court. Some have postulated that it would be legal to carry on your constable badge without the training, as long as your were not actually working for the court.

The training is provided by the state, it is only 80 hours basic and 40 hours firearms. Why not just take the training and be 100% legit?

All in all not a bad gig.