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Got my Pa Non-Res CCW.

I_Hate_Illinois

Regular Member
Joined
Aug 30, 2007
Messages
237
Location
Joliet, Illinois, USA
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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.
 

imperialism2024

Regular Member
Joined
Jun 7, 2007
Messages
3,047
Location
Catasauqua, Pennsylvania, USA
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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" ;)
 

Butlerite

New member
Joined
Oct 4, 2007
Messages
119
Location
, ,
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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).
 

Steve in PA

Regular Member
Joined
Nov 12, 2006
Messages
158
Location
Somewhere in PA
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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.
 

Jersey Ron

Regular Member
Joined
Jul 31, 2006
Messages
192
Location
, New Jersey, USA
imported post

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
 
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