Can a WV resident OC in PA?

carman5001 · Apr 22, 2011

I am traveling to PA tomorrow and would like to know if I can OC in PA as a WV resident. That is of course if OC is legal in PA. Would reciprocity count for OC. Any information on this topic would be greatly appreciated. Thanks.

Curmudgeon · Apr 23, 2011

carman5001 said:
I am traveling to PA tomorrow and would like to know if I can OC in PA as a WV resident. That is of course if OC is legal in PA. Would reciprocity count for OC. Any information on this topic would be greatly appreciated. Thanks.

First of all, PA law is silent on open carry, so citations are going to be a little hard to come by, but yes, OC is legal in PA.

This site: handgunlaw which I have learned is kept up to date and is very reliable, shows reciprocity between PA and WV... http://www.handgunlaw.us/states/pennsylvania.pdf

Philadelphia is not very friendly toward OC, but the rest of the state generally is. You just want to keep in mind that the way OS is treated tends to vary slightly from cop to cop, and municipality to municipality. We are continuing to work on this.

When you mention reciprocity I assume you have a license/permit from WV? Or perhaps a non-res permit from another state? If so, and your permit comes from a state with reciprocity with PA, then you may also carry concealed, and you may also transport/carry in a vehicle with said permit.

Without a PA License To Carry Firearms, the only thing you cannot do (that I can think of at the moment) is carry OC or CC within the 1000' Federal Gun Free School Zone.

Welcome to PA and enjoy your stay!

ETA: For what it's worth, I have been OCing everywhere I go for the past 2 1/2 years, and I have yet to have a negative encounter. Mostly York County, which is straight north of Baltimore.

Final afterthought: I just saw you post in another thread that you did not have a CC permit. This limits you to transporting a firearm in PA to only certain specific places and back home again, such as: the range, hunting, gunsmith, gun shop, gun show, between residences, like that. In PA, you may not legally transport your firearm just for the purposes of OC.
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Grapeshot · Apr 23, 2011

You cannot OC in a vehicle in Pa. without a valid/acceptable permit to carry concealed.

Someone else please provide the cite, I haven't had my coffee yet.

Found it:
http://paopencarry.org/pa-firearm-law-ss6106

carman5001 · Apr 23, 2011

Curmudgeon said:
First of all, PA law is silent on open carry, so citations are going to be a little hard to come by, but yes, OC is legal in PA.

This site: handgunlaw which I have learned is kept up to date and is very reliable, shows reciprocity between PA and WV... http://www.handgunlaw.us/states/pennsylvania.pdf

Philadelphia is not very friendly toward OC, but the rest of the state generally is. You just want to keep in mind that the way OS is treated tends to vary slightly from cop to cop, and municipality to municipality. We are continuing to work on this.

When you mention reciprocity I assume you have a license/permit from WV? Or perhaps a non-res permit from another state? If so, and your permit comes from a state with reciprocity with PA, then you may also carry concealed, and you may also transport/carry in a vehicle with said permit.

Without a PA License To Carry Firearms, the only thing you cannot do (that I can think of at the moment) is carry OC or CC within the 1000' Federal Gun Free School Zone.

Welcome to PA and enjoy your stay!

ETA: For what it's worth, I have been OCing everywhere I go for the past 2 1/2 years, and I have yet to have a negative encounter. Mostly York County, which is straight north of Baltimore.

Final afterthought: I just saw you post in another thread that you did not have a CC permit. This limits you to transporting a firearm in PA to only certain specific places and back home again, such as: the range, hunting, gunsmith, gun shop, gun show, between residences, like that. In PA, you may not legally transport your firearm just for the purposes of OC.
.

Thank You, I actually moved from PA to WV, I used to live in York County. But never really learned the gun laws there. It sounds like I really should get my CC permit ASAP. I wonder why PA is so restrictive to the transporting of a gun, when you leave your house and walk down the street with it. Thanks again for your replies.

I will enjoy my visit.

knight0334 · Apr 28, 2011

carman5001 said:
Thank You, I actually moved from PA to WV, I used to live in York County. But never really learned the gun laws there. It sounds like I really should get my CC permit ASAP. I wonder why PA is so restrictive to the transporting of a gun, when you leave your house and walk down the street with it. Thanks again for your replies.

I will enjoy my visit.

Remember, under the US Constitution Article IV, Section 2 - laws, rights, and privileges of any given state apply equally to those that visit that state from other states.

Article IV Section 2.

The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.

Yeah.. You will need a license or permit from any other state to cover you in a vehicle. It doesn't have to be a reciprocal license, just a license from any state for vehicle transporting. In a City of the First Class(Philly is the only one), you would need a reciprocal license to CC and OC any long gun or hand gun on public domain.

I'm not sure why PA is so restrictive on vehicle transporting. It goes back to the 1930's.. But we are working to change that, and a great number of other issues.

Grapeshot · Apr 28, 2011

knight0334 said:
Yeah.. You will need a license or permit from any other state to cover you in a vehicle. It doesn't have to be a reciprocal license, just a license from any state for vehicle transporting. In a City of the First Class(Philly is the only one), you would need a reciprocal license to CC and OC any long gun or hand gun on public domain.

I'm not sure why PA is so restrictive on vehicle transporting. It goes back to the 1930's.. But we are working to change that, and a great number of other issues.

A non-reciprocal license has no bearing/validity on the question. I know of no circumstance where that would apply - such is not applicable and would fail as a defense.

If an individual is traveling from one state where they may legally possess/carry to another state where they are legal is referenced in this federal statute. Note there is no requirement to have a permit, reciprocal or not. The right to travel law 18 USCS § 926A does not allow stopping to sight see, visit, or take in a movie to enjoy the protection thereof.

If on the other hand, the individual(s) traveling has a license/permit that is recognized under reciprocity, they are not restricted under 18 USCS § 926A and may carry in accordance with the laws of the state they are visiting or traveling through.

When in a state like Pa or Va where a permit is not required to OC, the laws of the state in which you are standing/driving are still the operative point.

The primary caveats in Pa w/o a recognized permit/license is that OC in a vehicle is illegal and that of Philly restrictions.

mrjam2jab · Apr 28, 2011

Grapeshot said:
A non-reciprocal license has no bearing/validity on the question. I know of no circumstance where that would apply - such is not applicable and would fail as a defense.

If an individual is traveling from one state where they may legally possess/carry to another state where they are legal is referenced in this federal statute. Note there is no requirement to have a permit, reciprocal or not. The right to travel law 18 USCS § 926A does not allow stopping to sight see, visit, or take in a movie to enjoy the protection thereof.

If on the other hand, the individual(s) traveling has a license/permit that is recognized under reciprocity, they are not restricted under 18 USCS § 926A and may carry in accordance with the laws of the state they are visiting or traveling through.

When in a state like Pa or Va where a permit is not required to OC, the laws of the state in which you are standing/driving are still the operative point.

The primary caveats in Pa w/o a recognized permit/license is that OC in a vehicle is illegal and that of Philly restrictions.

PA has an exception to allow vehicle carry with a permit from ANY other state....even non-reciprocal permits.

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:

...snip...

(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.

Grapeshot · Apr 28, 2011

mrjam2jab said:
PA has an exception to allow vehicle carry with a permit from ANY other state....even non-reciprocal permits.

I'm willing to learn - please explain in light of (15)(i) why this is not the same as reciprocity. Is there another term that defines this reciprocal privilege?

(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.

Statkowski · Apr 29, 2011

Reciprocity = State A recognizes State B's license/permit as valid in State A because State B does likewise.

Vehicle Carry = No reciprocity here - as long as you have a license/permit from some state you're good to go, whether the other state lets you do the same or not. 100% recognition.

Concealed Carry = Some reciprocity, some recognition. For reciprocity, see first definition, for recognition, we'll accept theirs even if they don't accept ours.

mrjam2jab · Apr 29, 2011

(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:

Grapeshot said:
I'm willing to learn - please explain in light of (15)(i) why this is not the same as reciprocity. Is there another term that defines this reciprocal privilege?

I do believe this section covers states that have reciprocity....whereas (11) covers those that do not.

The section I bolded...PA has different categories of reciprocity...I think that's what is being covered in (15)

Grapeshot · Apr 29, 2011

Appreciate the direction - in this case a score sheet would have been of distinct benefit - thanks.

Can a WV resident OC in PA?

carman5001

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Curmudgeon

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carman5001

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knight0334

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