Navigation

THE COURTS

Title 255—LOCAL
COURT RULES

BERKS COUNTY

Court Facility Firearm Directive; Prothonotary No. AD 17-381

[47 Pa.B. 3348]
[Saturday, June 17, 2017]

Order

And Now, this 31st day May, 2017, Berks County Court Facility Firearm Directive is hereby approved and adopted by the Court of Common Pleas of Berks County, Pennsylvania, and shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.

 The District Court Administrator is Ordered and Directed to:

 1. File one (1) copy of this Order, including the newly adopted directive, with the Administrative Office of Pennsylvania Courts.

 2. File two (2) paper copies of this Order, including the newly adopted directive, and one (1) electronic copy with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. File one (1) copy of this Order, including the newly adopted directive, with the Rules Committee of the Supreme Court of Pennsylvania.

 4. File one (1) copy of this Order, including the newly adopted directive, with the Berks County Law Library.

 5. Keep continuously available for public inspection and copying one (1) copy of this Order, including the newly adopted directive, in the Office of the Prothonotary, Clerk of Courts, Office of the Register of Wills/Clerk of the Orphans' Court of Berks County.

 The County of Berks is Ordered and Directed to keep a copy of the newly adopted directive posted on the County's official website.

Court Facility Firearm Directive; No. AD 17-381

Administrative Order of Court

 And Now, this 31st day of May, 2017, the Court adopts the following Berks County Court Facility Firearm Directive as an order of this Court:

By the Court

HONORABLE PAUL M. YATRON, 
President Judge

BERKS COUNTY COURT FACILITY FIREARM DIRECTIVE

Statement of Policy:

 1. There exists great potential for physical danger while working in courtrooms and related areas and dealing with individuals in stressful and volatile situations, in virtually all cases in litigation. Such cases include criminal, civil, and family law matters. The Court of Common Pleas of the Twenty-third Judicial District recognizes that pursuant to the law of this Commonwealth, certain law enforcement officers and Court officials are authorized to carry firearms while in the performance of their duties in Court Facilities within the County of Berks. We approve the carrying of firearms for defensive purposes, and when appropriate, to support members of the Berks County Sheriff's Office in maintaining courtroom security.

 2. Pursuant to the provisions of 18 P.A.C.S.A § 913(c)(1) and (2) the following persons are hereby authorized to carry firearms on their persons while in the performance of official duties in Berks County Court Facilities:

 a. Law enforcement officers in the service of all local police departments located within the County of Berks; and

 b. Members of the Pennsylvania State Police and Special Agents of the Office of Attorney General of Pennsylvania, agents of the Pennsylvania Board of Probation and Parole; and

 c. Duly elected or appointed constables and deputy constables from within the County of Berks; and

 d. Judges of the Court of Common Pleas of Berks County; and

 e. Magisterial District Judges of the Twenty-third Judicial District; and

 f. Officers of the Berks County Sheriff's Office, Berks County District Attorney's Office, the Berks County Juvenile Probation Office, and the Berks County Adult Probation Office.

 3. The carrying of firearms in Berks County Court Facilities by the individuals set forth in Paragraph 2 are subject to the following terms and conditions:

 a. Those individuals identified in subparagraphs (a), (b), and (f) of Paragraph 2 above must be officers in good standing in their respective departments or organizations and be authorized to carry firearms in the performance of their duties; and

 b. Those individuals identified in subparagraphs (a), (b), and (f) of Paragraph 2 above shall abide by all rules, regulations, and policies imposed by their respective organizations or departments while in Berks County Court Facilities.

 c. All constables and deputy constables shall have current certification from the Constables' Education and Training Board with respect to both the performance of their duties and the carrying and use of firearms.

 d. Judges of the Court of Common Pleas and Magisterial District Judges of the Twenty-third Judicial District must have current, valid licenses to carry concealed firearms issued by the Berks County Sheriff's Office and be approved by the President Judge for the carrying of firearms.

 e. Persons authorized to carry firearms in Court Facilities pursuant to this order, whose offices are located in any Court Facility shall either carry the firearms securely on their persons or store them in a secure lock-box or other such container when the firearms are not on their persons but are within the Court Facility.

 f. Judges of the Court of Common Pleas and Magisterial District Judges shall either carry the firearms securely on their persons or maintain, at their own expense, a secure lock-box or other such container for storage when the firearms are not on their persons but are within the Court Facility.

 4. Berks County Court Facilities shall include the Berks County Courthouse, the Berks County Services Center, and all Magisterial District Court offices within the County, wherever situate.

 5. Nothing in this order shall be construed to abrogate the authority of a Judge presiding in a courtroom to limit or bar the presence of firearms while Court is in session.

 6. All individuals encompassed in this order shall be exempt from x-ray or electronic screening on entry to any Berks County Court Facility upon presentation of appropriate identification/credentials.

[Pa.B. Doc. No. 17-987. Filed for public inspection June 16, 2017, 9:00 a.m.]



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.


Navigation

webmaster@PaBulletin.com