RULES AND REGULATIONS
Title 58—RECREATION
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CH. 465a ]
Possession of Weapons within a Licensed Facility
[45 Pa.B. 2358]
[Saturday, May 16, 2015]With this final-omitted rulemaking, the Pennsylvania Gaming Control Board (Board) amends § 465a.13 (relating to possession of weapons within a licensed facility) to read as set forth in Annex A.
Omission of Proposed Rulemaking
Under section 204 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204), known as the Commonwealth Documents Law (CDL), and the regulation thereunder, 1 Pa. Code § 7.4 (relating to omission of notice of proposed rulemaking), the Board finds that notice of proposed rulemaking under these circumstances is unnecessary and impractical and is therefore omitted. The Board's justification for utilizing the final-omitted rulemaking process is that the amendments to § 465a.13 are required under the amendments to 18 Pa.C.S. (relating to Crimes Code) by the act of June 28, 2011 (P. L. 48, No. 10) (Act 10), which supersedes the Board's regulations on the possession of firearms in privately owned licensed casino facilities.
Purpose of the Final-Omitted Rulemaking
This final-omitted rulemaking eliminates the Board's prohibition on the possession of firearms within a licensed facility to conform to Act 10. Prohibiting the possession of firearms is left to the discretion of each licensed facility.
Explanation
In 2008, the Board promulgated regulations prohibiting the possession of weapons, including firearms, within a licensed facility. The regulations provided a mechanism by which individuals could request Board approval to possess weapons.
Act 10 amended the Commonwealth's firearms laws and in so doing prohibited Commonwealth agencies from regulating the possession of firearms in any manner inconsistent with 18 Pa.C.S. See 18 Pa.C.S. § 6109(m.3) (relating to licenses).
The Office of Attorney General reviewed for legality § 465a.13 on the possession of firearms and advised that in light of the statutory amendments to 18 Pa.C.S., the Board no longer had the authority to limit the possession of firearms in a licensed casino facility by persons who possess a valid permit to carry.
To comply with Act 10, the Board is amending the provisions on possession in § 465a.13 by deleting the Board mandated prohibition. The Board added to § 465a.13 that a licensee may exercise its common law right to prohibit the possession of firearms on its property provided that it posts notice of the prohibition at all entrances.
Affected Parties
Slot machine licensees will be impacted by this final-omitted rulemaking as it is left to the discretion of each operator to prohibit the possession of firearms on its property. On August 21, 2014, operators were notified that a rulemaking on firearms possession would be forthcoming.
Fiscal Impact
Commonwealth. The Board does not expect that this final-omitted rulemaking will have fiscal impact on the Board or other Commonwealth agencies.
Political subdivisions. This final-omitted rulemaking will not have fiscal impact on political subdivisions of this Commonwealth.
Private sector. This final-omitted rulemaking will not have fiscal impact on the private sector provided that if the regulated entities exercise their common law right to prohibit the possession of firearms on their property, they will be required to post notice of the prohibition at each entrance.
General public. This final-omitted rulemaking will not have fiscal impact on the general public.
Paperwork Requirements
There are no paperwork requirements associated with this final-omitted rulemaking.
Effective Date
The final-omitted rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Contact Person
The contact person for questions about this final-omitted rulemaking is Susan A. Yocum, Assistant Chief Counsel, (717) 346-8324.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on March 11, 2015, the Board submitted a copy of the final-omitted rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Community, Economic and Recreational Development Committee and the House Gaming Oversight Committee. On the same date, the regulations were submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101—732-506).
Under section 5.1(j.2) of the Regulatory Review Act, on April 15, 2015, the final-omitted rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on April 16, 2015, and approved the final-omitted rulemaking.
Findings
The Board finds that:
(1) The final-omitted rulemaking is necessary for the administration and enforcement of 4 Pa.C.S. Part II (relating to gaming).
(2) The procedures in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) are, under the circumstances, unnecessary.
Order
The Board, acting under 4 Pa.C.S. Part II, orders that:
(a) The regulations of the Board, 58 Pa. Code Chapter 465a, are amending by amending § 465a.13 to read as set forth in Annex A.
(b) The Chairperson of the Board certifies this order and Annex A and shall deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall take effect upon publication in the Pennsylvania Bulletin.
WILLIAM H. RYAN, Jr.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 45 Pa.B. 2218 (May 2, 2015).)
Fiscal Note: 125-184. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart E. SLOT MACHINES AND ASSOCIATED EQUIPMENT
CHAPTER 465a. ACCOUNTING AND INTERNAL CONTROLS § 465a.13. Possession of weapons within a licensed facility.
(a) Except as provided in subsection (b), individuals, including security department personnel, are prohibited from possessing weapons capable of producing death or serious bodily injury, as defined in 18 Pa.C.S. § 2301 (relating to definitions), stun guns or other devices designed to injure or incapacitate a person within a licensed facility.
(b) The Board's prohibition in subsection (a) does not apply to the possession of firearms carried in accordance with 18 Pa.C.S. §§ 6101—6127 (relating to Pennsylvania Uniform Firearms Act of 1995). A slot machine licensee may exercise its common law right to prohibit the possession of firearms in accordance with subsections (c) and (d).
(c) A licensee may not prohibit the following individuals from possessing a weapon capable of producing death or serious bodily injury, including a firearm, stun gun or other device designed to injure or incapacitate a person within its facility:
(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.
(d) A slot machine licensee that prohibits individuals from possessing firearms shall post in a conspicuous location at each entrance to the licensed facility signs that provide the public with notice that the possession of firearms, weapons capable of producing death or serious bodily injury, stun guns and other devices designed to injure or incapacitate a person is prohibited.
(e) A slot machine licensee that does not prohibit individuals from possessing firearms shall post in a conspicuous location at each entrance to the licensed facility signs that provide the public with notice that the possession of weapons capable of producing death or serious bodily injury, other than firearms carried in accordance with 18 Pa.C.S. § 6109 (relating to licenses), stun guns or other devices designed to injure or incapacitate a person is prohibited.
[Pa.B. Doc. No. 15-907. Filed for public inspection May 15, 2015, 9:00 a.m.]
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