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2014 Op. Pa. Att'y Gen. 1 (2014)

handle is hein.sag/sagpa0064 and id is 1 raw text is: COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL 16TH FLOOR HARRISBURG, PA 17120 STRAWBERRY SQUARE KATHLEEN G. KANE HARRARRSBURG, PA 17120 ATTORNEY GENERAL (7 7) 787-3391 August 5, 2014 William H. Ryan, Jr., Chairman Pennsylvania Gaming Control Board P.O. Box 69060 Harrisburg, PA 17106-9060 Re: Request for Legal Advice Concerning the Pennsylvania Gaming Control Board's Authority to Limit the Possession of Firearms Inside a Licensed Casino Facility Dear Chairman Ryan: On behalf of the Pennsylvania Gaming Control Board (Board), you have requested a legal opinion, pursuant to the Commonwealth Attorneys Act, 71 P.S. § 732-204, concerning whether the Board has the authority, under 58 Pa.Code § 465a. 13, to limit the possession of firearms in the state's licensed casino facilities by persons who possess a valid permit to carry a concealed firearm pursuant to 18 Pa.C.S. § 6109 et seq. From the outset, please understand that the forthcoming opinion pertains only to the legality of the Board's authority to regulate the possession of firearms in the state's licensed casino facilities. That is to say, this opinion is not an evaluation of whether the private owner(s) of a state- licensed casino facility may or may not limit the possession of firearms in his/her privately-owned casino. As a threshold matter and for purposes of precision and clarity, in your May 5, 2014, letter, you seem to use the terms weapon(s), deadly weapon(s), firearm(s), concealed weapon, and firearm concealed in an interchangeable fashion. However, because 18 Pa.C.S. § 6109 et sec relates exclusively to firearms and not weapons or deadly weapons this opinion accordingly addresses only the former terminology. On October 11, 2008, the Board implemented 58 Pa.Code § 465a.13. In pertinent part, this regulation provides: (a) Individuals, including security department personnel, are prohibited from possessing any deadly weapon as defined in 18 Pa.C.S. § 2301 (relating to definitions), stun gun or other device designed to injure or incapacitate a person within a licensed facility without the express written approval of the Board. (b) The prohibition in subsection (a) does not apply to: (1) Pennsylvania State Police assigned to its Gaming Enforcement Office. (2) An on-duty officer or agent of any local, State or Federal law enforcement agency when the officer or agent is acting in an official capacity. 58 Pa. Code § 465a.13.