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Thread: Got my Pa Non-Res CCW.

  1. #1
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    Hey everyone. I just got my Pa CCW the other day and it came in record time. I sent in the application on Friday 4-11-08 and the licese was issued Monday and in my hands on Thursday. I know this is an open carry website, but you guys are so cool and most of you have CCW's anyway. My question is this: When carrying in PA, does your gun have to be holstered? I was checking out whether or not my license was valid in Indiana and the State Police told me it was and that I had to follow Pa's law when I was there, whatever that law is. I plan on having the gun holstered anyways, but what if I put it my glovebox when driving? Is that legal? Thanks in advance you guys.

  2. #2
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    You follow IN law when in IN.

    Anyway, holster is not required in PA, though recommended when carrying on your person.

  3. #3
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    Yup, as Mike said, you follow the laws of the state you are in.

    And as far as carrying without a holster, "Mexican carry" is specifically discussed in Commonwealth v. Hawkins, a case in which open carry without a license was upheld as legal outside of Philadelphia.

    As for carrying in a car, the relevant statute would be:

    § 6106. Firearms not to be carried without a license. (a) Offense defined.--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.
    Italics added are mine. They essentially treat the vehicle as the entity doing the carrying, and the "about his person" wording tends to cover most other situations where the gun is in the person's control, but may not be "on" him.


    Oh, and good luck getting the LTCF! Just make sure to call it that and not a "CCW"

  4. #4
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    imperialism2024 wrote:
    Yup, as Mike said, you follow the laws of the state you are in.

    And as far as carrying without a holster, "Mexican carry" is specifically discussed in Commonwealth v. Hawkins, a case in which open carry without a license was upheld as legal outside of Philadelphia.

    As for carrying in a car, the relevant statute would be:

    § 6106. Firearms not to be carried without a license. (a) Offense defined.--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.
    Italics added are mine. They essentially treat the vehicle as the entity doing the carrying, and the "about his person" wording tends to cover most other situations where the gun is in the person's control, but may not be "on" him.


    Oh, and good luck getting the LTCF! Just make sure to call it that and not a "CCW"
    There is one additional note about this. If you leave your weapon in the car and anyone (like a family member) drives it and gets stopped by a LEO, they can be arrested for carrying a concealed weapon (if they don't have a permit, that is).

  5. #5
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    PA-Carry wrote:
    imperialism2024 wrote:
    Yup, as Mike said, you follow the laws of the state you are in.

    And as far as carrying without a holster, "Mexican carry" is specifically discussed in Commonwealth v. Hawkins, a case in which open carry without a license was upheld as legal outside of Philadelphia.

    As for carrying in a car, the relevant statute would be:

    § 6106. Firearms not to be carried without a license. (a) Offense defined.--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.
    Italics added are mine. They essentially treat the vehicle as the entity doing the carrying, and the "about his person" wording tends to cover most other situations where the gun is in the person's control, but may not be "on" him.


    Oh, and good luck getting the LTCF! Just make sure to call it that and not a "CCW"
    There is one additional note about this. If you leave your weapon in the car and anyone (like a family member) drives it and gets stopped by a LEO, they can be arrested for carrying a concealed weapon (if they don't have a permit, that is).
    Not true. If the person operating the vehicle is otherwise eligible to possess the firearm, no charges are warranted.





    § 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:


    (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.

  6. #6
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    Nice catch Steve! Nice catch! I NEVER saw this one or rather COMPREHENDED it:

    (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.





    Jersey

  7. #7
    Founder's Club Member - Moderator ed's Avatar
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    I live in VA.. My PA permit took 6 days. Centre County, Pennsylvania
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

  8. #8
    Campaign Veteran deepdiver's Avatar
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    If you want to know about CC in IN I suggest www.handgunlaw.us

    If you want to know about OC in IN I suggest our most excellent home page (thanks Mike and John) www.opencarry.org
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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