Carrying Rifle/Pistol around PA

[greyhouse]

I was curious about this and wondered if anyone here knew the answer.

1. Is it legal for my brother to transport my firearms (pistol/rifle) around PA? Does he have to be a specific age in order to do so? Do I have to be in the car with him?

2. If I have a license to carry, can I carry around loaded rifle magazines with my AR15?

[danp]

Originally Posted by greyhouse

2. If I have a license to carry, can I carry around loaded rifle magazines with my AR15?

Depends on how it's done, see:
http://www.pafoa.org/forum/question-...transport.html

[knight0334]

Loaded rifle/shotgun transport in a vehicle is illegal in PA.

...unless you fall under one of the exemptions or if you have a properly NFA tax stamped shortbarrel rifle or shotgun. PA's LTCF covers SBR/SBS's as concealed firearms.

Regular rifles and shotguns must be be seperate from their ammo, and rifle/shotgun must securely wrapped. I also believe that you cant just go riding around with the long arms. Transport must be due to going to or coming from certain events like hunting, target practice, gunsmith repairs, etc, etc..

[LittleRedToyota]

Originally Posted by knight0334

Transport must be due to going to or coming from certain events like hunting, target practice, gunsmith repairs, etc, etc..

can you post a source for this?

i don't think that is the case. i don't think there is anything in PA law which states you cannot keep an unloaded rifle or shotgun in your vehicle at all times.

[knight0334]

Originally Posted by LittleRedToyota

can you post a source for this?

i don't think that is the case. i don't think there is anything in PA law which states you cannot keep an unloaded rifle or shotgun in your vehicle at all times.

Read the exemptions, specifically items 4, 8, 9 and 10.

Outlined are specific exempted reasons for having the firearm in a vehicle. If you aren't doing one of, or fall under one of the exemptions(1-11), you are in violation of the law.


http://members.aol.com/StatutesP7/18PA6106.html

§ 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.

(b) Exceptions.--The provisions of subsection (a) shall not apply to:


4. Any persons engaged in target shooting with rifle, pistol, or revolver, if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the cartridges or shells are carried in a separate container and the rifle, pistol or revolver is unloaded.
8. Any person while carrying a firearm unloaded and in a secure wrapper from the place of purchase to his home or place of business, or to a place of repair or back to his home or place of business, or in moving from one place of abode or business to another or from his home to a vacation or recreational home or dwelling or back, or to recover stolen property under section 6111.1(b)(4) (relating to Pennsylvania State Police) or to a location to which the person has been directed to surrender firearms under 23 Pa.C.S. § 6108 (relating to relief) or back upon return of the surrendered firearm.
9. Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing or are going to the places where they desire to hunt, take furbearers or fish or returning from such places.
10.Persons training dogs, if such persons are actually training dogs during the regular training season.

[LittleRedToyota]

But you have to consider the legal definition of "firearm" in PA law.

it is:

Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

Most rifles and shotguns do not fit this definition because they are too long.

Therefore, the prohibitions you cited to not apply to them. (Basically, they apply only to NFA rifles and shotguns...and, of course, handguns.)

[knight0334]

Yes, I'm aware of the legal definition of "firearm". That definition you described is in regards to LTCF's.


But once outlined to when and why the transporting of a firearm, including the word "rifle" is legal as an exemption - by default, and action outside of the exemptions is illegal.

[LittleRedToyota]

Originally Posted by knight0334

But once outlined to when and why the transporting of a firearm, including the word "rifle" is legal as an exemption - by default, and action outside of the exemptions is illegal.

it doesn't work that way.

if something is not specifically prohibited by law, then it is legal.

all that is specifically prohibited by law is carrying a "firearm" (as defined in the statutes) in your vehicle without an LTCF (except in certain circumstances...the exemptions listed).

the exemption only applies to that definition also. so, the exemption applies only to rifles that fit the legal definition of firearm. it does not apply to rifles that do not fit the legal definition of firearm because there is nothing for them to be exempted from.