PA Supreme Court - Concealed carry is not RAS of a crime
Posted: Mon Jun 03, 2019 1:57 pm
The case is the Commonwealth of Pennsylvania vs. Michael J. Hicks, decided on 5/31/19. The opinion can be downloaded from here https://law.justia.com/cases/pennsylvan ... -2017.html.
I note a few things:
- It follows many other jurisdictions and the SCOTUS in that it declines to create a "firearms exception" to Terry vs. Ohio.
- PA has long been gun-friendly but I wondered if the composition of the PA Supreme Court or Legislature had changed that. Thankfully, at least for PA SC, the answer appears to be no.
- While there were concurrence opinions, I believe the outcome was unanimous.
- I believe that the lead opinion was a majority meaning this is binding precedent
- The analogy of car driver's licenses and the SCOTUS case of Prouse was prominently featured
I don't know if the Texas SC or CCA has decided this for us but I think this opinion is excellent.
SA-TX
I note a few things:
- It follows many other jurisdictions and the SCOTUS in that it declines to create a "firearms exception" to Terry vs. Ohio.
- PA has long been gun-friendly but I wondered if the composition of the PA Supreme Court or Legislature had changed that. Thankfully, at least for PA SC, the answer appears to be no.
- While there were concurrence opinions, I believe the outcome was unanimous.
- I believe that the lead opinion was a majority meaning this is binding precedent
- The analogy of car driver's licenses and the SCOTUS case of Prouse was prominently featured
I don't know if the Texas SC or CCA has decided this for us but I think this opinion is excellent.
SA-TX