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Thread: Pennsylvania age laws

  1. #1
    Regular Member derhammer's Avatar
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    Pennsylvania age laws

    Hello,

    On this site, I've seen that, in PA, you need only be 18 in order to open carry. I know that you need a license to CC or buy a handgun in PA, but is it true that you do not need one to OC? I am 18 myself, so does that mean that if someone, say, my parents, bought a handgun, and gave it to me, I would have the right to OC here? I am going to college in NJ (UGH), anti-gun land, and so will have to leave the gun at home, but at least while I'm in PA, OC is legal?

    -derhammer

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    derhammer:

    United States Federal Law 18 U.S.C. 922(x) Places The Legal Age to POSSESS a Handgun at 18 Years Old.

    HOWEVER, United States Federal Law 18 U.S.C. 922(b)(1) Places The Age where a Federal Firearms Licensee may SELL a Handgun to a Person at 21 Years of Age.

    BUT..., You MAY Buy a Handgun from a Private Person OR a Gun Show at only 18 Years of Age under Pennsylvania Law 18 Pa.C.S. 6110.1(a), as This Code Section Provides that it is ONLY Unlawful for a Person to Possess a Firearm if that Person is under 18 Years Old.

    Pennsylvania is an Open Carry State by Default, which means that it is LAWFUL to Openly Carry a Handgun on Your Hip at 18 Years Old.

    aadvark
    Last edited by aadvark; 04-11-2012 at 05:33 PM.

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    Quote Originally Posted by derhammer View Post
    I know that you need a license to CC or buy a handgun in PA, but is it true that you do not need one to OC?
    In Philadelphia, you do. Read the statutes to avoid getting tripped up by internet advice.
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    derhammer:

    ManinBlacks' Advice is Factually Correct..., in that, under Pennsylvania Law 18 Pa.C.S. 1608, a Person needs to be either: (1) Licensed under 18 Pa.C.S. 1609, OR (2) Excused, under any of The Numerous Provisions Enumerated under 18 Pa.C.S. 6106.

    aadvark
    Last edited by aadvark; 04-11-2012 at 08:08 PM.

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    Quote Originally Posted by derhammer View Post
    Hello,

    On this site, I've seen that, in PA, you need only be 18 in order to open carry. I know that you need a license to CC or buy a handgun in PA, but is it true that you do not need one to OC?

    You do not need a permit to buy a gun in PA.


    Quote Originally Posted by aadvark View Post
    derhammer:

    ManinBlacks' Advice is Factually Correct..., in that, under Pennsylvania Law 18 Pa.C.S. 6108, a Person needs to be either: (1) Licensed under 18 Pa.C.S. 6109, OR (2) Excused, under any of The Numerous Provisions Enumerated under 18 Pa.C.S. 6106.

    aadvark

    Corrected for clarity.
    Last edited by mrjam2jab; 04-11-2012 at 08:49 PM.
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    Thank you for the clarification! Okay, next question (rather than start a new thread since it's related): I know you can carry an UNLOADED gun in a car without an LTCF. However, I've also heard drawing your gun is a crime. My question is this: If I get in my car, wearing my unloaded pistol, and then, when I get out of my car, I draw the gun, load a clip, and rack the slide, is that a crime?

    Furthermore, is it subsequently a crime to draw the loaded handgun, remove the clip, and unchamber the chambered bullet before re-entering my vehicle?

    EDIT: Never mind, just looked it up... I would have to have it wrapped up and be taking it to a repair shop or something... wow. Looks like if I want to carry before I'm 21 I'll have to walk... or bike.

    Oh, my poor, poor Second Amendment...

    EDIT 2: Unless I buy an AR-15 and open carry THAT... my ma might not approve but, eh... so on that note, what do you guys think? Legal or illegal to unshoulder the AR for loading and (nice, loud) racking and for unloading upon entering and exiting a vehicle? I suppose I could just load and rack it before I get out and unload once I'm in... probably the cops wouldn't complain about that, but, you know how it is... if they want to arrest you, they will... you'll get out of jail probably but... meh... Well anyway, tell me what you think, lol.

    -derhammer
    Last edited by derhammer; 04-13-2012 at 11:40 PM.

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    Regular Member derhammer's Avatar
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    Making this a post instead of another edit since it's a separate and rather important question: If I buy over, say, gunbroker.com, is that considered buying from a private citizen? Because really I am, but it has to be shipped to an FFL dealer, so how does the law read that? Could I legally buy that way? Could my parents buy a gun that way and then give it to me legally?

    Sorry for all the questions; I'm new at this, but very enthusiastic, lol.

    -derhammer

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    Quote Originally Posted by derhammer View Post
    Thank you for the clarification! Okay, next question (rather than start a new thread since it's related): I know you can carry an UNLOADED gun in a car without an LTCF. . . .-derhammer
    Whoa! PA law has been construed to generally ban possession of a handgun (loaded or not) in a vehicle unless you have a License to Carry a Hangun or any similar permit from any state.

    You really need to slow down and read the Uniform Firearms Act and study the issue.
    Last edited by Mike; 04-14-2012 at 08:34 AM.

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    Regular Member derhammer's Avatar
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    Quote Originally Posted by Mike View Post
    Whoa! PA law has been construed to generally ban possession of a handgun (loaded or not) in a vehicle unless you have a License to Carry a Hangun or any similar permit from any state.

    You really need to slow down and read the Uniform Firearms Act and study the issue.
    Quote Originally Posted by derhammer View Post
    EDIT: Never mind, just looked it up... I would have to have it wrapped up and be taking it to a repair shop or something... wow. Looks like if I want to carry before I'm 21 I'll have to walk... or bike.

    Oh, my poor, poor Second Amendment...
    Should have read my whole post before jumping on one part.

    -derhammer

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