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Open Carry Age

derhammer

Regular Member
Joined
Apr 10, 2012
Messages
66
Location
Pennsylvania
Okay, this thread is going here just to be fair to the possibility, even though I'm pretty much 100% sure I know the PA age laws.

Basically, a lady working at a gun shop I was at yesterday told me it was absolutely not allowed to OC a pistol at 18 in PA unless you were with law enforcement or something. Now, I have looked at the PA laws on firearms carefully, and from all I can find, that is simply not true - a pistol which you lawfully received as a bona fide gift from your parents may absolutely be OC'd on foot - just not CC'd or carried by you in a vehicle. Am I wrong on this? If so, cite me the law.

Again, this post is just here to be certain (and because I promised my ma I'd ask, lol), but I'm pretty sure I've been thorough about this already.

-derhammer
 

Statkowski

Regular Member
Joined
Sep 27, 2006
Messages
1,141
Location
Cherry Tree (Indiana County), Pennsylvania, USA
18 is okay. Of course, at that age one might attract unwanted attention, but it's not illegal.

Per 18 Pa.C.S. § 6110.1 (Possession of firearm by minor), the minimum age to possess a firearm is 18 with two exceptions:
1. The minor is under the supervision of a parent, grandparent, legal guardian, or an adult acting with the expressed consent of the minor's parent or legal guardian and involved in lawful activity.
2. The minor is lawfully involved in hunting or trapping activities.

Section 6110.1 says you can't carry if under 18. Since the law states what you cannot do, what you can do is unstated. Ergo, ipso facto, qui pro quo, et cetera, and a bunch of other Latin terms, if it's not illegal, then it's legal.

Under 21 you can't get an LTCF, nor can you normally carry in a vehicle (unless going directly to or from a range or gun dealer), nor can an FFL handle a transfer to you. Parents or grandparents can gift you a handgun, however, with no restrictions (unless, of course, you're already a prohibited person).
 

Curmudgeon

Regular Member
Joined
Jul 17, 2009
Messages
312
Location
York, Pennsylvania, USA
^What he said.

Since you have someone (Ma) looking for proof/verification, here is the PA statute verbatim...

§ 6110. Persons to whom delivery shall not be made (Repealed). 1995 Repeal Note. Section 6110 was repealed June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, effective in 120 days.
§ 6110.1. Possession of firearm by minor.

  • Firearm. -- Except as provided in subsection (b), a person under 18 years of age shall not possess or transport a firearm anywhere in this Commonwealth.
  • Exception.--Subsection (a) shall not apply to a person under 18 years of age:
    1. who is under the supervision of a parent, grandparent, legal guardian or an adult acting with the expressed consent of the minor's custodial parent or legal guardian and the minor is engaged in lawful activity, including safety training, lawful target shooting, engaging in an organized competition involving the use of a firearm or the firearm is unloaded and the minor is transporting it for a lawful purpose; or
    2. who is lawfully hunting or trapping in accordance with 34 Pa.C.S. (relating to game).
  • Responsibility of adult.--Any person who knowingly and intentionally delivers or provides to the minor a firearm in violation of subsection (a) commits a felony of the third degree.
  • Forfeiture.--Any firearm in the possession of a person under 18 years of age in violation of this section shall be promptly seized by the arresting law enforcement officer and upon conviction or adjudication of delinquency shall be forfeited or, if stolen, returned to the lawful owner. (June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.) 1995 Amendments. Act 17, 1st Sp.Sess., added section 6110.1 and Act 66 amended subsec. (b). Cross References. Section 6110.1 is referred to in sections 6105, 6115 of this title.

And here is a link to the source... http://paopencarry.org/uniform-firearms-act#6110.1

Can't really fault Mom for being extra careful, especially in the presence of conflicting information. Use the link, and bookmark it on your computer. You should have this at your disposal already. If you want something to hold in your hands, contact your local PA State Representative and ask them for a printed copy of the PA Uniform Firearms Act. It is free.

Find your Rep here... http://www.house.state.pa.us/cfdocs/legis/home/findyourlegislator/#address

Just type in your address.
 
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