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View Full Version : Uncertified Constables and Firearms.....


LawDawg
12-30-2006, 03:13 PM
:angry: On the PCCD website there are approx. 30 individual Constables who have a certification end date of 12/31/06 and NOT 12/31/07 like the vast majority of us. Some of these Constables are firearms certified and some are not. I’m not really curious as to WHY these individuals are not certified through 2007, (couldn’t make it to a class, no longer plan on working as a Constable, etc.) but rather what this could mean to the rest of us.

A fellow Constable clued me into this info. and asked me the following the other day:
“If you saw a Constable, who you KNEW was no longer certified, working on the street attempting to perform duties of a Constable (judicial duties, serving civil papers, serving warrants, etc.) or putting themselves out there as a certified Constable would you report them to someone (PCCD, local DA, Judge, etc.) or would you let it go? What if he was carrying his firearm? Would you let that go too? Would that make a difference to you?”

I told him I would hope that any MDJ would be aware of the situation and cut any work from them but still, you never know, and that I would report them to someone (PCCD, local DA, Judge, etc.)
He said “Okay, What about this?”
and then went on to advise me that he knew of 2 Constables (in two different counties) who carry a firearm everywhere, (including while performing judicial duties) in and out of uniform. Each man has current Act 235 certification and a carry concealed license although they are not Constable firearms certified and according to PCCD, have NEVER ATTENDED or even REGISTERED for a firearms class under Act 44. Each was reported to their local DA and advised that they had an amnesty period of 1 year to become firearms certified under Act 44 or face the consequences if they continued to carry illegally. Even after the 1 year they were given, neither man is firearms certified under Act 44. My friend wouldn’t tell me anything more about them other than, they are both rather well connected in their respective counties (which according to him is why they got the year to make it right), they are good friends with each other and according to my fellow Constable, each of these men is included in the 30+ Constables listed above as their current general certification expires in 12/31/06.

This really pissed me off!! I work hard day in and day out to be a professional law enforcement officer. I strive to put my best foot forward, Constable or not. Am I perfect…of course not!! However, I do know, that with the office I hold in the community, I am an example to the public as a Constable. For two lazy, unqualified, a$$h*les to run around thinking it is okay to carry a gun on duty without ever having been firearms certified is absolutely asinine! It seems obvious to me that they don’t care about the Office they hold or the responsibility and public trust placed in them to (at the very LEAST) be fully certified by law in order to do a job they claim they want. Would I report them? You’re damned right I would!! A firearms violation carries YEARS in jail. And you’re telling me that someone gave them a YEAR (365 Freakin’ days??!?!) to do something about it and these jackasses still can’t get it right?!? As far as I’m concerned, jail time is the right time for these two winners. :angry:

So, what would you do? Turn them in if you saw them attempting to do work after their certification had expired? What if they were still carrying their gun and in uniform? Seeing as how their certification (and that of the other 30+ Constables listed on the PCCD website) expires in less that two days, I wanted to throw this out there and see what everyone else had to say. Any thoughts??

SETZ
12-30-2006, 05:24 PM
LawDawg,

I here where you are coming from. It seems that there is really no recourse set up in ACT 44 for those who violate this. It would be my understanding that the MDJ who the constable is working for could say something, but not have any legal authority other than maybe telling him that while he is doing work from that office he will not carry until certified or no more work. The DA can't charge him with a crime as there is nothing set up for this under ACT 44. The PCCD might just be in the same boat. I have been told of one such character in my county. I haven't seen him out working top see if he still is carrying, and like you I'm not sure what my recourse would be. Those expiring on 12-31-06 for doing court work, however could be possibly charged with impersonating a public official and in no way should be given work from any MDJ, as they can see that he was not certified when they try to issue him work. I hate to say it, but its sorta like being allowed to cite for disorderly conduct and not given any citations to write it up on. Until the mud becomes clearer there will be no answers.

ConstableChuck
12-30-2006, 07:23 PM
I also read through Act 44 / Title 42 and while it clearly states that Constables carrying a firearm while performing judicial duties must be firearms certified pursuant to Act 44, it does not provide for any criminal penalties, therefore these Constables could not be prosecuted under the crimes code, however failing to comply with Act 44 / Title 42 would seem to be misconduct in office so the DA could file a motion of quo warranto to have that Constable removed from office, here's a link on how the process works.

http://www.lgc.state.pa.us/deskbook06/Issues_Governance_08_Removal_from_Office.pdf

As for uncertified Constables doing court work, Tom is right, the MDJ would see a flag in the computer when assigning the work, so if it's happening the MDJ is in on it.

I don't think an uncertified Constable could be charged with impersonating a public official, it's the office Constables hold not certification that makes Constables public officials, that's why even uncertified Constables must file a SFI with the State Ethics Commission.

B002848
01-02-2007, 07:41 PM
I think ever county has this problem, this is what I was told if you have a problem with a constable or a distrist judge. The person you want to file a complaint or talk to is the President Judge, he has the position to take care of the problem(that is if wants to)