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Thread: Open Carry in Sharon, PA? Advice?

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    Open Carry in Sharon, PA? Advice?

    According to OpenCarry.org (Pennsylvania | OpenCarry.org) Open Carry is legal everywhere but Philly.

    I am in Sharon, PA on business for about 8 months. I have a Florida license and a Florida Concealed Weapons Permit. I know I can carry CONCEALED, but I strongly believe - especially in this higher crime area - that open carry is a much better deterrent.

    Despite it being legal, what's the best approach for exercising this right? You know how people are.

    Should I contact the Sharon Police Department and ask? I feel like asking invites an easy "no" - without consideration of the law.

    Thanks,

    MitchL
    Business Owner in Sharon, PA

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    Regular Member Curmudgeon's Avatar
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    Quote Originally Posted by MitchL View Post
    According to OpenCarry.org (Pennsylvania | OpenCarry.org) Open Carry is legal everywhere but Philly.

    I am in Sharon, PA on business for about 8 months. I have a Florida license and a Florida Concealed Weapons Permit. I know I can carry CONCEALED, but I strongly believe - especially in this higher crime area - that open carry is a much better deterrent.

    Despite it being legal, what's the best approach for exercising this right? You know how people are.

    Should I contact the Sharon Police Department and ask? I feel like asking invites an easy "no" - without consideration of the law.

    Thanks,

    MitchL
    Business Owner in Sharon, PA
    You posted 10 hours ago and I'm sorry this is your first response to thee important questions. Additionally please bear in mind I'm replying from my phone, which is not ideal, and I can't link cites. I urge you to also post to PAFOA, for you will receive many more responses, including some from folks living in the area.

    First, OC in Philly is only illegal without a PA LTCF or license/permit from a state that PA honors. Due to recent changes put in place by our anti 2A State Attorney General, your Florida license is only honored if you are a resident of Florida (my phone doesn't show your profile info, so I can't tell). If you are not a resident of FLA and are carrying as a nonres, DO NOT CONCEAL CARRY in PA.

    If you are a FL resident, I think your only restriction is to avoid the federal 1000' gun free school zone. We don't here about this being enforced, but I thought I would be cautious and throw it out there.

    I hope you stay in PA is pleasant. Consider stopping by PAFOA. It gets a lot more traffic, and is the reason your post went unseen so long here.
    While many claim to support the right to keep and bear arms, precious few support the practice.

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    Quote Originally Posted by Curmudgeon View Post
    You posted 10 hours ago and I'm sorry this is your first response to thee important questions. Additionally please bear in mind I'm replying from my phone, which is not ideal, and I can't link cites. I urge you to also post to PAFOA, for you will receive many more responses, including some from folks living in the area.

    First, OC in Philly is only illegal without a PA LTCF or license/permit from a state that PA honors. Due to recent changes put in place by our anti 2A State Attorney General, your Florida license is only honored if you are a resident of Florida (my phone doesn't show your profile info, so I can't tell). If you are not a resident of FLA and are carrying as a nonres, DO NOT CONCEAL CARRY in PA.

    If you are a FL resident, I think your only restriction is to avoid the federal 1000' gun free school zone. We don't here about this being enforced, but I thought I would be cautious and throw it out there.

    I hope you stay in PA is pleasant. Consider stopping by PAFOA. It gets a lot more traffic, and is the reason your post went unseen so long here.
    Well, I am a resident of Florida and have a Florida driver license with a florida address, and florida concealed weapons permit.

    However I have a lease for an apartment in PA in which im staying for probably 6-8 months before going back to FL.

    So wouldn't I still be considered a Florida resident?

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    Regular Member Curmudgeon's Avatar
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    Quote Originally Posted by MitchL View Post
    Well, I am a resident of Florida and have a Florida driver license with a florida address, and florida concealed weapons permit.

    However I have a lease for an apartment in PA in which im staying for probably 6-8 months before going back to FL.

    So wouldn't I still be considered a Florida resident?
    Yes, you're good then. See your profile ( I checked later) said Sharon, which suggested you might be a nonres of FL.

    In my opinion you are good, including both OC/CC in Philly.

    And again I'm on my phone, if you feel better with cites to sources in the law I can post them later tonight, or just visit your local PA State Representative for a free booklet on the full PA Uniform Firearms Act. Not a bad thing to have on hand anyway, and I can still refer you to the online reference, also free!
    While many claim to support the right to keep and bear arms, precious few support the practice.

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    Quote Originally Posted by Curmudgeon View Post
    Yes, you're good then. See your profile ( I checked later) said Sharon, which suggested you might be a nonres of FL.

    In my opinion you are good, including both OC/CC in Philly.

    And again I'm on my phone, if you feel better with cites to sources in the law I can post them later tonight, or just visit your local PA State Representative for a free booklet on the full PA Uniform Firearms Act. Not a bad thing to have on hand anyway, and I can still refer you to the online reference, also free!
    To clarify I am no where near philly. Thanks for your opinion ill check out PAFOA it looks like they have a section for my county.

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    Open carry of handguns is legal in Pennsylvania, statewide, even in Sharon.

    Here's the updated Pennsylvania Gun Rights pamphlet, which includes coverage of Open Carry:

    http://goo.gl/C2wBv4

    You can print out as many copies as you want.

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    Quote Originally Posted by MitchL View Post
    Well, I am a resident of Florida and have a Florida driver license with a florida address, and florida concealed weapons permit.

    However I have a lease for an apartment in PA in which im staying for probably 6-8 months before going back to FL.

    So wouldn't I still be considered a Florida resident?
    Residence is usually (a dangeous concept, I admit) determined by where you are registered to vote. College students whose parents live in other states can register to vote in the state where they go to school, so that concept is pretty flexible if you take the proper steps. You could always register to vote in FL once you return there.

    I don't know about PA but several states require you to register your vehicle and pay taxes within a certain time after moving to the state tp permanently live there. It sounds as if you are merely sojourning (I love that word ) All this seems to be unnecessary as you have the necessary permission slips for when you CC, and OC is the default condition in PA as there is no law controlling/prohibiting it.

    As has been suggested, check out PAFOA - the folks in PA spend more time there than here on OCDO. They seem to be very good about helping newbies understand how to go about carrying - CC or OC.

    stay safe.
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    Moderator / Administrator Grapeshot's Avatar
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    For others reading this thread - if you do not have a permit honored by PA, do not OC in your vehicle. Doing so requires a LTC to be legal.

    To summarize, open carry is legal in Pennsylvania without a License To Carry Firearms except in "cities of the first class" (Philadelphia) and vehicles where a License To Carry Firearms is required to do so.
    http://www.pafoa.org/law/carrying-firearms/open-carry
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Grapeshot View Post
    For others reading this thread - if you do not have a permit honored by PA, do not OC in your vehicle. Doing so requires a LTC to be legal.

    To summarize, open carry is legal in Pennsylvania without a License To Carry Firearms except in "cities of the first class" (Philadelphia) and vehicles where a License To Carry Firearms is required to do so.
    http://www.pafoa.org/law/carrying-firearms/open-carry

    Actually Grape, that is not entirely accurate. Pennsylvania recognizes lawfully issued firearms permits from all states for the purpose of car carry. See exception in paragraph (11).




    ms not to be carried without a license
    (a) Offense defined.--
    (1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.
    (2) A person who is otherwise eligible to possess a [FN1] valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.
    (b) Exceptions.--The provisions of subsection (a) shall not apply to:
    (1) Constables, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions, or other law-enforcement officers.
    (2) Members of the army, navy, marine corps, air force or coast guard of the United States or of the National Guard or organized reserves when on duty.
    (3) The regularly enrolled members of any organization duly organized to purchase or receive such firearms from the United States or from this Commonwealth.
    (4) Any persons engaged in target shooting with a firearm, if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the firearm is not loaded.
    (5) Officers or employees of the United States duly authorized to carry a concealed firearm.
    (6) Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property in the discharge of such duties.
    (7) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person, having in his possession, using or carrying a firearm in the usual or ordinary course of such business.
    (8) Any person while carrying a firearm which is not loaded and is in a secure wrapper from the place of purchase to his home or place of business, or to a place of repair, sale or appraisal or back to his home or place of business, or in moving from one place of abode or business to another or from his home to a vacation or recreational home or dwelling or back, or to recover stolen property under section 6111.1(b)(4) (relating to Pennsylvania State Police), or to a place of instruction intended to teach the safe handling, use or maintenance of firearms or back or to a location to which the person has been directed to relinquish firearms under 23 Pa.C.S. 6108 (relating to relief) or back upon return of the relinquished firearm or to a licensed dealer's place of business for relinquishment pursuant to 23 Pa.C.S 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or back upon return of the relinquished firearm or to a location for safekeeping pursuant to 23 Pa.C.S. 6108.3 (relating to relinquishment to third party for safekeeping) or back upon return of the relinquished firearm.
    (9) Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing as permitted by such license, or are going to the places where they desire to hunt, take furbearers or fish or returning from such places.
    (10) Persons training dogs, if such persons are actually training dogs during the regular training season.
    (11) Any person while carrying a firearm in any vehicle, which person possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the United States or any other state.
    (12) A person who has a lawfully issued license to carry a firearm pursuant to section 6109 (relating to licenses) and that said license expired within six months prior to the date of arrest and that the individual is otherwise eligible for renewal of the license.
    (13) Any person who is otherwise eligible to possess a firearm under this chapter and who is operating a motor vehicle which is registered in the person's name or the name of a spouse or parent and which contains a firearm for which a valid license has been issued pursuant to section 6109 to the spouse or parent owning the firearm.
    (14) A person lawfully engaged in the interstate transportation of a firearm as defined under 18 U.S.C 921(a)(3) (relating to definitions) in compliance with 18 U.S.C. 926A (relating to interstate transportation of firearms).
    (15) Any person who possesses a valid and lawfully issued license or permit to carry a firearm which has been issued under the laws of another state, regardless of whether a reciprocity agreement exists between the Commonwealth and the state under section 6109(k), provided:
    (i) The state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109.
    (ii) The Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.
    (16) Any person holding a license in accordance with section 6109(f)(3).
    (c) Sportsman's firearm permit.--
    (1) Before any exception shall be granted under paragraph (b)(9) or (10) of this section to any person 18 years of age or older licensed to hunt, trap or fish or who has been issued a permit relating to hunting dogs, such person shall, at the time of securing his hunting, furtaking or fishing license or any time after such license has been issued, secure a sportsman's firearm permit from the county treasurer. The sportsman's firearm permit shall be issued immediately and be valid throughout this Commonwealth for a period of five years from the date of issue for any legal firearm, when carried in conjunction with a valid hunting, furtaking or fishing license or permit relating to hunting dogs. The sportsman's firearm permit shall be in triplicate on a form to be furnished by the Pennsylvania State Police. The original permit shall be delivered to the person, and the first copy thereof, within seven days, shall be forwarded to the Commissioner of the Pennsylvania State Police by the county treasurer. The second copy shall be retained by the county treasurer for a period of two years from the date of expiration. The county treasurer shall be entitled to collect a fee of not more than $6 for each such permit issued, which shall include the cost of any official form. The Pennsylvania State Police may recover from the county treasurer the cost of any such form, but may not charge more than $1 for each official permit form furnished to the county treasurer.
    (2) Any person who sells or attempts to sell a sportsman's firearm permit for a fee in excess of that amount fixed under this subsection commits a summary offense.
    (d) Revocation of registration.--Any registration of a firearm under subsection (c) of this section may be revoked by the county treasurer who issued it, upon written notice to the holder thereof.
    (e) Definitions.--
    (1) For purposes of subsection (b)(3), (4), (5), (7) and (8), the term "firearm" shall include any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of the weapon.
    (2) As used in this section, the phrase "place of instruction" shall include any hunting club, rifle club, rifle range, pistol range, shooting range, the premises of a licensed firearms dealer or a lawful gun show or meet.
    NAVIGATION
    Home
    Pa.C.S. 18, II, G, 61, A: Uniform Firearms Act
    18 Pa.C.S. 6101: Short title of subchapter
    18 Pa.C.S. 6102: Definitions
    18 Pa.C.S. 6103: Crimes committed with firearms
    18 Pa.C.S. 6104: Evidence of intent
    18 Pa.C.S. 6105.1: Restoration of firearm rights for offenses under prior laws of this Commonwealth
    18 Pa.C.S. 6105: Persons not to possess, use, manufacture, control, sell or transfer firearms
    18 Pa.C.S. 6106.1: Carrying loaded weapons other than firearms
    18 Pa.C.S. 6106: Firearms not to be carried without a license
    18 Pa.C.S. 6107: Prohibited conduct during emergency
    18 Pa.C.S. 6108: Carrying firearms on public streets or public property in Philadelphia
    18 Pa.C.S. 6109: Licenses
    18 Pa.C.S. 6110.1: Possession of firearm by minor
    18 Pa.C.S. 6110.2: Possession of firearm with altered manufacturer's number
    18 Pa.C.S. 6111.1: Pennsylvania State Police
    18 Pa.C.S. 6111.2: Firearm sales surcharge
    18 Pa.C.S. 6111.3: Firearm records check fund
    18 Pa.C.S. 6111.4: Registration of firearms
    18 Pa.C.S. 6111.5: Rules and regulations
    18 Pa.C.S. 6111: Sale or transfer of firearms
    18 Pa.C.S. 6112: Retail dealer required to be licensed
    18 Pa.C.S. 6113: Licensing of dealers
    18 Pa.C.S. 6114: Judicial review
    18 Pa.C.S. 6115: Loans on, or lending or giving firearms prohibited
    18 Pa.C.S. 6116: False evidence of identity
    18 Pa.C.S. 6117: Altering or obliterating marks of identification
    18 Pa.C.S. 6118: Antique firearms
    18 Pa.C.S. 6119: Violation penalty
    18 Pa.C.S. 6120: Limitation on the regulation of firearms and ammunition
    18 Pa.C.S. 6121: Certain bullets prohibited
    18 Pa.C.S. 6122: Proof of license and exception
    18 Pa.C.S. 6123: Waiver of
    Last edited by defcon4; 07-15-2014 at 06:59 PM.

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    Regular Member Curmudgeon's Avatar
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    Quote Originally Posted by Grapeshot View Post
    For others reading this thread - if you do not have a permit honored by PA, do not OC in your vehicle. Doing so requires a LTC to be legal.

    To summarize, open carry is legal in Pennsylvania without a License To Carry Firearms except in "cities of the first class" (Philadelphia) and vehicles where a License To Carry Firearms is required to do so.
    http://www.pafoa.org/law/carrying-firearms/open-carry
    Gee Grape, we usually ask moderators to cite to source when dispensing legal advice.

    http://reference.pafoa.org/statutes/...out-a-license/

    18 Pa.C.S. 6106: Firearms not to be carried without a license


    (a) Offense defined.--
    (1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.
    (2) A person who is otherwise eligible to possess a [FN1] valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.

    (b) Exceptions.--The provisions of subsection (a) shall not apply to:


    (11) Any person while carrying a firearm in any vehicle, which person possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the United States or any other state.
    So, nothing about it being OK to conceal, just CARRYING in a vehicle, so open carry to be on the safe side, as open carry is legal throughout PA except where specifically enumerated as being restricted, courthouses, post offices, Philadelphia (unless licensed by a state PA honors, etc)
    Last edited by Curmudgeon; 07-15-2014 at 06:58 PM.
    While many claim to support the right to keep and bear arms, precious few support the practice.

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    Regular Member Curmudgeon's Avatar
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    Defcon4 beat me to it!
    While many claim to support the right to keep and bear arms, precious few support the practice.

  12. #12
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Curmudgeon View Post
    Defcon4 beat me to it!
    Color me embarrassed for not remembering the distinction - any permit/license is OK to OC in a vehicle.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member Curmudgeon's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Color me embarrassed for not remembering the distinction - any permit/license is OK to OC in a vehicle.
    You know we love ya Grape, just keep servin' them Richmond breakfasts!!
    While many claim to support the right to keep and bear arms, precious few support the practice.

  14. #14
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Curmudgeon View Post
    You know we love ya Grape, just keep servin' them Richmond breakfasts!!
    I don't travel as much as I did previously, but would like to take that show on the road one more time. Lots of good memories from PA trips. Fondly remember SFN and the rest of the crowd.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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