1 has ltcf 1 doesn't

[GunLawyer001]

Originally Posted by Pa. Patriot

Being that the firearm need not be "registered" to you in order to possess or carry said firearm, I think this boils down to a very simply to the below:

If a firearm is in your possession, and you have a valid LTCF, then you are good to go.

That's oversimplifying. It's not at all uncommon for cops to go on fishing expeditions with guns, even without any probable cause to suspect any crimes. That's why I recommend that when you are stopped for speeding or for a sobriety check, and you are asked "do you have any illegal drugs or guns?", you evade the question.

Some cops have a routine for guns. They ask if you have one; then they ask to see it; then they walk away with it "to run the serial number to see if it's stolen"; then somehow it has to go back to the station, but you can pick it up tomorrow; then you're told their policy is never to return firearms without a court order. Not all cops, but the ones that my clients come to me about.

If John Smith is in possession of Joe Blow's handgun, it's likely that this will be perceived as a red flag by your average cop, even (or especially) if Joe Blow is in the car, too. Cops frequently run the serial number in the registry-that-isn't-a-registry, they frequently get a specific result on the last FFL transfer of that gun, and they expect that person to still be the owner.

It's ALWAYS better to have your own LTCF, than to rely on the "loan" or "spouse" provisions, and it's better in PA to have a PA LTCF than an out-of-state permit.

[chesire17201]

Originally Posted by GunLawyer001

Here's the deal: Without a PA LTCF (or a recognized out-of-state permit), carrying a firearm (loaded or unloaded) in a vehicle is a criminal offense.

There are limited exceptions, for direct travel from the place you bought it, for travel directly to and from a target range, while moving residences, etc. If you don't fall squarely within one of the listed exceptions, you commit a crime. There is NO general rule allowing you to travel with it in a vehicle if it's unloaded and separate from the ammo, unless you are within an exception.

Here's the argument you'd have to use in the scenario described: The non-LTCF guy can lend his firearm to someone with a current PA LTCF. The LTCF-holder can transport it in a vehicle. He can return it when they get to where they're going.

In practice, it's not an argument that will persuade your average cop that it's all kosher, but it should prevent a conviction, as long as the firearm is under the custody & control of the LTCF-holder while driving (it can't be on the hip of the non-LTCF guy, for example.) As for the wisdom of open carry in a shopping mall, under the current political climate I'd avoid it, but then again somebody has to push the envelope.

this is what my thinking on this subject is as well, in theory you COULD do it and be legal, BUT....not something you really wanna do......

[chesire17201]

Originally Posted by GunLawyer001

A first degree misdemeanor means that you have left your firearms-owning days behind you, since it's punishable by up to 5 years in prison.

how so? the way I always understood it was if you were a convicted FELON, and CERTAIN misdemeanors, such as domestic violence, firearms related, substance abuse, etc....well, basically all the ones listed in the UFA.

I understand that any charge/coviction with more than a year POSSIBLE and you will fail pics to purchase/transfer, but I don't think it stops one from possesion of a firearm, does it?

off topic......will start a new thread for this in question & answer section....

[Penguini66]

While we're on the subject of 1 with LTCF one without LTCF...

Say one person that does not have a LTCF is driving. The LTCF holder is sitting in the passenger seat and places the loaded firearm in the glove box? What if the firearm is in a piece of luggage on the back seat?

Thoughts?

[MarcS]

Originally Posted by Penguini66

While we're on the subject of 1 with LTCF one without LTCF...

Say one person that does not have a LTCF is driving. The LTCF holder is sitting in the passenger seat and places the loaded firearm in the glove box? What if the firearm is in a piece of luggage on the back seat?

Thoughts?

So long as one occupant of the car has a LTCF and the firearm is in his possession, you should be fine.