Gambone Law - June 2019

Gambone Law

Licensed in Pennsylvania and New Jersey

215-755-9000

www.GamboneLaw.com

June 2019

While many people can legally carry a firearmor weapon, it’s essential to know how to act when you find yourself in a situation where you’re forced to inform a law enforcement officer about your concealed carry weapon (CCW). THE RIGHT TO CARRY AND INFORM Both Pennsylvania and New Jersey allow individuals to obtain a license that legally enables them to carry firearms. The two states have laws regarding a concealed carrier’s obligation to inform law enforcement of the weapon if they’re stopped. When at a stop, a person is only obligated to inform a police officer of their concealed weapon if they’re asked by the officer. However, it varies from state to state. If you find yourself in Michigan, Ohio, Texas, or South Carolina, it’s required by law to inform law enforcement personnel of your concealed weapon, even if you aren’t asked. Keep in mind that the obligation to inform won’t exempt an out-of-state driver (with a permit that is not recognized by Pennsylvania or New Jersey) from criminal consequences. WHEN YOU’RE STOPPED It’s vital to be prepared for when you’re pulled over. In most situations, law enforcement will ask the driver and their passengers if they have any weapons on them. When asked, the persons in the vehicle are required to inform the officer of any CCW. Be prepared to provide the officer with your license to carry as well. Concealed Carry

And the Obligation to Inform

3. Place both hands on the steering wheel before the officer approaches and remain there until the officer requests your driver’s license and registration. While you’re legally obligated to inform the officer of your CCW, you are not obligated to allow them to search you or the vehicle. While the police may perform a warrantless search of your car, it’s imperative that you never provide consent to do so and only provide information that you’re legally obligated to provide.

Below, you’ll find a list of which firearms require a license, which individuals can’t obtain a license, and where you cannot carry your CCW.

FIREARMS:

Any firearm with an overall length of less than 26 inches

A pistol or revolver with a barrel less than 15 inches A shotgun with a barrel less than 18 inches A rifle with a barrel less than 18 inches

Any loaded firearm if the magazine is in it

PERSONS:

Fugitives from justice

Convicted felons

If you find yourself stopped while carrying, I highly recommend you do the following:

Persons with protection from abuse orders against them

Persons with declared incapacity or who have been involuntarily committed Persons who have three DUIs within five years

1. Turn off any music.

Illegal aliens

2. Turn off the engine.

CAN’T CARRY INTO:

Post office

State parks

Federal property

Private property, if instructed or posted

Court facilities

Download my free book, “What Everyone Should Know About Guns, Drugs, and Defense Lawyers in Pennsylvania” to learn more about gun offenses in Pennsylvania. –Alfonso Gambone

Visit our website to download your free e-book!

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Enjoy Your Family Time

BY TAKING A BREAK FROM YOUR PHONE

Lawsuits From Beyond We pride ourselves on being a country where everyone receives a fair trial. And while that’s not always the case, even the craziest claims still have to be heard in some capacity by a STAY FOCUSED Stay Focused is like Siempo, but there are some significant differences. You can set times to access certain apps and put the most distracting ones on lock. Stay Focused also has a “strict mode” that prevents you from uninstalling it, so be sure to think carefully Setting some time aside to be with family is important, but it can be difficult when everyone is always on their cellphones. Constant cellphone use has become a global problem, and the habit is hard to break because we rely on mobile devices heavily for work, school, and keeping in contact with friends and family. Luckily, there are plenty of apps that can reduce how often you’re on your phone and minimize distractions. SIEMPO After you install Siempo on your phone, it will ask which apps are likely to distract you. Once you select them, the app will move those apps away from the home screen and place the important ones, such as the messaging, contacts, email, and calendar apps, on the first screen. You can also designate times for specific apps to be used throughout the day.

before activating the lockdown because you won’t have access to those specific apps until the timer runs out.

FOREST In the time that Forest takes control of your device for a set time limit, the app starts growing a tree. Once the tree is fully grown, your time is up, and it joins the other trees that were grown during other breaks. If you pick up your phone and try to access an app, Forest will send you a notification asking you if you want to kill your baby tree by giving up. Who says guilt isn’t a good motivator? BESIDES APPS Aside from using these apps, silencing your phone and putting it in another room, leaving it in your car if you’re out at dinner, or keeping it in your purse or back pocket during a social event can also reduce your screen time. Having your phone out of sight and out of reach will keep the temptation of pulling it out at bay. Spending time with your family is crucial, and with these apps and tips, you’ll enjoy each other’s company without too many screen distractions.

LET’S HOPE THERE’S A COURTROOM IN THE AFTERLIFE

demise. After it was reported in a Times article, the living Arias accidentally had his own date of birth and Social Security number added to the death certificate of his now deceased namesake in a terrible mix-up from the coroner. As a result, he sued on three occasions after his lawyer missed certain deadlines to turn in proper documents. Thankfully, the issue was resolved, but not before he had his credit cards and Medicaid revoked after appearing to be dead. SOLEMNLY SPOOKED An unnamed New York resident — just what on earth is going on in New York? — claimed that the house they’d recently purchased was horribly and cripplingly haunted by unseen forces. The poltergeist was said to disrupt their daily activity, and the plaintiff was suing on the grounds that the home was notorious in the area for being haunted and had a

court of law. As you can imagine, this can result in plenty of spooky high jinks in the courtroom. Let’s take a look at some of the more baffling court cases in recent memory. DEAD MAN TALKING In something straight out of a Coen brothers movie, a NewYork man had to sue The New York Times on three separate occasions to get them to stop reporting that he was dead. In all fairness, it seemed like an honest mistake prolonged by the ineptitude of his public counsel and a whole lot of terrible coincidences all rolled into one. Juan Antonio Arias just so happened to share the same first and last name as one“Juan Arias”who had met his untimely

reputation as such, therefore it should have been disclosed to the buyer before closing. They won. That’s right; the court ruled that the seller misled the plaintiff and should have disclosed the nature of this potentially harmful house. Shockingly enough, this type of thing is required to be disclosed when selling a house in New York. Well, at least a buyer will have peace of mind knowing that they got a sweet new pad and a ghoul for pennies on the dollar.

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Traveling is one of the best ways to stretch your comfort zone and make new memories — if only your fitness routine didn’t have to suffer for it. However, there are ways to feel a good burn, no matter where you travel. Pack the following equipment for your next vacation and never miss a workout. RESISTANCE BANDS Spend more time by the pool and less time working out on vacation when you double the effect of your squats with these rubber bands. Each band is a stretchable loop that you wear around both legs at once, and they’re conveniently compact and lightweight. (Pro tip: Wear your band just above your knees for the most resistance!) You can incorporate your bands into any workout, as the level of resistance you choose with the band will impact the amount of work your muscles do. The best part about this equipment is that it packs a punch for your glutes, and it’s small enough to fit in a purse. CORE SLIDERS Traveling is a great time to have a few extra cheat meals, but you don’t want this indulgence to come at the expense of your core strength. While you’re on vacation, keep your gut strong with core sliders. These thin, round discs are placed under your hands or feet as you pull and THAT GOOD BURN

push your limbs away from your body in a plank position. They are the perfect tool for when a crunch just isn’t enough or when you’d rather not lay on the hotel floor. SWIM GOGGLES Make your swimming routine more effective, and (literally) keep your eye on the prize, with a pair of swim goggles. Most goggles are small, and some even come with their own case. The key is to find a pair that fits your head well. Unlike resistance bands or sliders, which all function the same general way, an ineffective pair of goggles can leave you fidgeting with your gear more than actually working out. Try on a few pairs or read through the reviews before making your selection. You can feel the burn on vacation without getting a sunburn. Pack these lightweight tools in your carry-on and jet away on new adventures this summer.

What Is Tolerance? Anyone can be charged with a DUI,

5 WAYS TO FIGHT & WIN YOUR PENNSYLVANIA DUI CASE 2nd Edition - Revised and Expanded

Likewise, regular consumption will impact the way your body breaks alcohol down. The average person can metabolize .6 ounces of ethanol within 90 minutes after consumption, but a person who drinks alcohol more often will have a higher metabolism and break it down more rapidly. This leads to a higher tolerance and requires someone to drink more to get the same “drunk” feeling. Still, their BAC level won’t change, and constant consumption of alcohol is bad for your overall health and is ill-advised. For more information regarding DUIs and DUI cases, we encourage you to read attorney Alfonso Gambone books, “FiveWays to Fight andWin Your DUI Case in Pennsylvania” and “What Everyone Must Know About Accidents, DUI, and Drugs.”

whether they have prior criminal history or not. In Pennsylvania and New Jersey, the legal limit for alcohol consumption is .08, which most people pass unknowingly. In both states, the severity of the DUI depends on a person’s blood alcohol content (BAC) at the time of driving. However, evaluating a person’s sobriety based on alcohol consumption, BAC, and a person’s level of intoxication isn’t a perfect science, as everyone has a different tolerance. Alcohol tolerance varies based on many factors, including a person’s habit of consuming alcohol. Regular consumers will likely have a higher tolerance than those who only drink occasionally, but a high tolerance won’t change your BAC level.

ATTORNEY & COUNSELOR AT LAW Alfonso Gambone To watch more than 40 instructional videos or download your free e-book, please visit our website. www.GamboneLaw.com

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Gambone Law

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INSIDE THIS ISSUE

1

Concealed Carry Weapon

2

Take a Break From Your Smartphone Crazy Lawsuits Surrounding the Dearly Departed

3

Travel-Sized Fitness Equipment Tolerance vs. Intoxication

4

Tips for Capturing the Best Outdoor Photo!

Celebrate Nature Photography Day Tips for Capturing the Best Outdoor Photo!

FIND THE ANGLES Landscape photography isn’t about appealing to someone else’s sense of style; it’s about shooting what makes you happy. Take some time to study the work of other nature photographers you enjoy. What angles do they use? What colors do they coordinate within the frame? How close do they get to their subject? Try something different. Go against the grain, use a different angle, shoot a close-up where others would shoot wide angle. Find a good starting place and experiment a little. HARNESS THE LIGHT Nature photos often look great in the morning or evening light, but the type of lighting you use is often dictated by the scene you are trying to capture. It’s generally accepted that side-lighting, where the sun is coming from either side of the camera, is the most desirable for landscapes because the contrasts between light and shadow can add depth to your photos. However, front- and back-lighting —where you shoot away from or into the sun — can

also produce nice photos. Similar to angles, try experimenting until you find something that looks good to you. CROP FOR TEXTURE Sometimes the difference between an amazing shot and a mediocre one is distance. When photographing nature, try zooming in or moving geographically closer and cropping close on your subject. This could be tree bark, a leaf, the forest floor, or a lizard’s skin. The fine details of your subject can often create stunning images. In your quest to snap the most Instagram- worthy shots, the most important thing to remember is to respect the animals and the environment. Be sure to bring bags with you to take any garbage or other waste with you, and stay on designated trails while exploring. Keep these tips in mind, and you’ll be taking incredible nature photos in no time.

Nature Photography Day is June 15, and it continues to garner enthusiasm with each passing year. It’s been designated by the North America Nature Photography Association as a day to promote the enjoyment of outdoor photography and to explain how nature photography can advance conservation efforts locally and worldwide. Almost everyone has access to a sufficient camera with smartphones, but not everyone knows how to best capture a beautiful nature scene. Here are some tips to help!

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