AK Open / Conceal Carry Question

[fingers80002]

Originally Posted by GunLawyer001

Wasn't there a case in Alaska a decade or 2 back, where the Feds prosecuted some local for making his own unregistered Sten machineguns? Had a slam-dunk case, had the guns, it was airtight. As I recall, the jury of his Alaskan peers was just baffled why it would be illegal to make a few mg's for personal use, and they declined to convict.

I may have to move to Alaska some day...

Can we see case law.....
I would love to see it!!!!!!!!
Please don't put aside your more pressing duties.
Just would be some good reading.

[LittleRedToyota]

Originally Posted by GunLawyer001

Wasn't there a case in Alaska a decade or 2 back, where the Feds prosecuted some local for making his own unregistered Sten machineguns? Had a slam-dunk case, had the guns, it was airtight. As I recall, the jury of his Alaskan peers was just baffled why it would be illegal to make a few mg's for personal use, and they declined to convict.

I may have to move to Alaska some day...

ya gotta love jury nullification...one of the best protections the people have against government abuse of our rights.

too bad it has become almost non-existent in practice...prolly because juries are given instructions which basically tell them they are not allowed to do it ("you must consider only matters of fact and not matters of law"...bullshit).

anyone who is unfamiliar with the hollis wayne fisher case might find it interesting:

http://www.snubnose.info/wordpress/r...wayne-fincher/

more interesting reading on jury nullification:

http://en.wikipedia.org/wiki/Jury_nullification

[mojo]

Originally Posted by GunLawyer001

Which season in PA allows hunting with a semi-auto rifle?

If your disable aren't you allowed to hunt with a semi-auto? I thought that I read that somewhere, but didn't pay much attention to it.

[knighthawk06699]

Yes if you are disabled, and get a certification from your doctor to that fact you may indeed hunt with a semi-auto.

[pex]

To answer the original question:

Do not confuse the statute on 'carrying loaded 6105(i) firearms other than 6102 firearms' (heh).

§6106.1. Carrying Loaded Weapons Other Than Firearms.

(a) General rule.—Except as provided in Title 34 (relating to game), no person shall carry a loaded pistol, revolver, shotgun or rifle, other than a firearm as defined in section 6102 (relating to definitions), in any vehicle The provisions of this section shall not apply to persons excepted from the requirement of a license to carry firearms under section 6106(b)( 1), (2), (5) or (6) (relating to firearms not to be carried without a license) nor shall the provi*sions of this section be construed to permit persons to carry firearms in a vehicle where such conduct is prohibited by section 6106.

(b) Penalty.—A person who violates the provisions of this section commits a summary offense.

To supplement, the definition of loaded (6102):

“Loaded.” A firearm is loaded if the firing chamber, the non-detachable magazine, or in the case of a revolver, any of the chambers of the cylinder, contain ammunition capable of being fired. In the case of a firearm which utilizes a detachable magazine, the term shall mean a magazine suitable for use in said firearm which magazine contains such ammunition and has been inserted in the firearm or is in the same container or, where the container has multiple compartments, the same compartment thereof as the firearm.

This pertains to "in any vehicle" only! It simply says the a person may not 'carry' (pertinent to this issue) a 'long arm' loaded. It may be 'carried' unloaded.


I think Commonwealth v. Ortiz and Commonwealth v. Hawkins will be of the same use here as they are for 'firearms' unless someone analyzes to the contrary.


* NOTE THAT THESE STATEMENTS DO NOT APPLY TO PHILADELPHIA DUE TO OUR UNIFORM FIREARMS ACT

[pex]

This question comes up regularly, and here is an example of a similar post:

http://www.pafoa.org/forum/question-...imes-code.html

One thing I have thought of --
if you are one of those people who likes to put theory into action (I know I have considered walking the ol' long arm out in public to reduce the threshold of public annoyance or alarm), and are not aware of a collective knowledge of previous such incidences, do not go alone.

We can almost expect the gubmint (if not crazy concerned citizens) to report to you at some point during your jaunt. What you need to do, then, is have strength in numbers. Preferably someone (or bodies) considerate and aware of the law, to act in unison with you as situational awareness, and as witnesses for the eventual trampling of your rights. When you're testing the waters, this is done preferably without them testing the waters also, if that can be arranged. Rinse and repeat until the community is up in arms but many local cases lodged against you have failed in court.

After that, you and your compatriots can go it alone.

[Penguini66]

Originally Posted by jujubee

I said in my original post I would NOT ever consider doing it.

Going back to the original spirit of "not consider doing it" but it would be nice to fully understand the law as a legal exercise...

Say I'm a little short on cash and I decide to sell my WASR-10. I was wondering how to get the most money for it and Philly came to mind. Since, I'm guessing, that the city council and police there probably have the people convinced that anything evil looking is illegal. And there's probably not that many gun shops that carry them within the city. And many people rarely venture outside the city, etc... They would probably have more value in Philly than rural central Pa.

Seems to me that there would be no law to tell me that I can't sling it over my shoulder and walk through Philly with a sign on my back reading AK47 for sale $750. Right? I guess, loaded if I wanted. Boy, that would be a bad day. I'd bet good money that there is no way anybody could get through that without spending at least 1 night in jail.

But it does seem to be perfectly legal with what little I know:
Open carry of a rifle is legal.
Open carry of a loaded rifle is legal.
Face to face sale is legal.

Legal, not smart or responsible IMHO, but legal?

Only thing I'm not 100% on is if open carry of a rifle is restricted in any way in Philly or not. Didn't somebody have a nice handy spreadsheet listing where you can carry what? Been looking for it for 20 minutes. Figment of my imagination?

[Bruce]

Originally Posted by Penguini66

Didn't somebody have a nice handy spreadsheet listing where you can carry what? Been looking for it for 20 minutes. Figment of my imagination?

The "spreadsheet" *should be* (but, unfortunately, isn't) the Constitution of the United States side-be-side with the Constitution of the Commonwealth of Pennsylvania.

I wonder who the last American was who routinely carried a rifle or shotgun *everywhere* - including in to town. I wonder if there are any left who still do? In Alaska maybe?

I keep getting this image of a 1950's style farmer/woodsman in overalls (a sort of 'hillbilly') in my head.

I like the idea that it is my Constitutionally protected right to carry any weapon (*arm*) I choose - anywhere and any time I choose. Too bad the government (and a good chunk of society - apparently even some here) seem to think that this is just *crazy talk*.
.

[Archiver]

Originally Posted by jujubee

XD, section 6107 states:

if I saw someone open carrying an AK I would be calling 911 ASAP.

Thats just Sad...I'd hope you would be the one arrested....If the person was shot and killed by cops overreacting...I'd hope you'd be charged with murder. At the very least you should be made to foot the guys legal bills and pay him damages for defemation of character.

[Carnes]

Originally Posted by Penguini66

Seems to me that there would be no law to tell me that I can't sling it over my shoulder and walk through Philly with a sign on my back reading AK47 for sale $750. Right? I guess, loaded if I wanted.

But it does seem to be perfectly legal with what little I know:
Open carry of a rifle is legal.
Open carry of a loaded rifle is legal.
Face to face sale is legal.

I don't know much more than you, so I am also curious at to the specific legality... or rather the potential success of my/our defense against whatever charges we may incur if we were to attempt such a thing.

I have been thinking about selling a Colt 6920... Mebby we could organize a small group walk/sale... Pa Patriot, you game?

Talk about exercising your rights! OC a rifle, then do a FTF sale on the streets of Philly, totally legal?!?!?!

Sad part is all the money I got from the sale, and much more, would likely go to court costs and lawyer fees...