The primary season is upon us. Just like spring flowers that bloom this time of year, yard signs pop up too. With this Tuesday’s closed primary vote on the line and Pennsylvania being a very populous state with many un-pledged number of delegates in our winner-take-all system, we here in Pennsylvania are getting a lot of visits from the candidates.
While this post is meant to be apolitical in nature, it does involve to a degree politics and specifically newspaper and media bias in reporting of firearm law facts.
We at The McShane Firm and through US Law Shield of Pennsylvania received a lot of phone calls in the last 48 hours about one particular headline and mis-reporting by a particular newspaper/online reporting. And here it is:
Trump Rally: $10 to park, no guns allowed
And here is the reporting by David Wenner that caused all sorts of confusion:
Some attendees might wonder about the gun policy, given that people licensed to carry a concealed firearm are allowed to bring them into the state-owned complex for the annual outdoors show and other events.
Asked about the gun policy for the Trump event, a state department of agriculture spokeswoman said, “Per the Trump campaign, open carry and concealed carry weapons are not permitted at this event.”
So this article spawned a whole lot of comments and calls that this particular candidate was being a hypocrite as he has claimed that he is pro-gun but apparently won’t allow guns at his rallies.
While this blog, this firm, and USLS of PA do not endorse particular candidates, we do endorse the truth in reporting. In fact, we demand it. So we felt compelled to write this post. We would write this same blog if it were written about Hillary Clinton (Although her position on firearms is well documented based upon her blunt position statement in Philadelphia “We have just too many guns“)
Well, here is the truth.
- Yes, the Second Amendment to the United States Constitution reads “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
- Yes, the Supreme Court of the United States in the case of The District of Columbia v. Heller confirmed that the 2nd Amendment is an individual right.
- Yes, the Pennsylvania State Constitution in Article I Section 21 reads “The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.” This makes clear that the right to keep bearable arms is an individual right and it extends outside the household.
- Yes, the Pennsylvania Farm Show Complex is not a prohibited place to open carry a firearm (provided that you are not a prohibited person). [See Going to the Farm Show…Can I Carry?]
- Yes, the Pennsylvania Farm Show Complex is not a prohibited place to carry a firearm concealed (provided that you have a valid LTCF or a recognized license that has Pennsylvania reciprocity and are not a prohibited person). [See Going to the Farm Show…Can I Carry?]
- Yes, in fact, the Great American Outdoor Show is hosted at the Pennsylvania Farm Show Complex and that is basically all about guns and the outdoors with rifles, shotguns, handguns and NFA weapons galore.
But, there is 18 USC 3056 and 18 USC 1752. These are the two federal statutes that the US Secret Service points to that authorizes them to make the determination that firearms will not be allowed at presidential candidate rallies. Secret Service spokesman Robert K. Hoback said in a written statement about another event, “Only authorized law enforcement personnel working in conjunction with the Secret Service for a particular event may carry a firearm inside of the protected site.”
One has to openly question the choice of reporting this situation and attributing it as a campaign choice as opposed to the truth which is that it is a universal mandate of the Secret Service. But then again this particular newspaper/online reporting blog is notoriously liberal leaning and anti gun.