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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.

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