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Old January 12th, 2008
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Default From how I read it, OC is A felony?..

§ 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:

Constables, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions, or other law-enforcement officers.
Members of the army, navy or marine corps of the United States or of the National Guard or organized reserves when on duty.
The regularly enrolled members of any organization duly organized to purchase or receive such weapons from the United States or from this Commonwealth.
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.
Officers or employees of the United States duly authorized to carry a concealed firearm.
Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property in the discharge of such duties.
Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person, having in his possession, using or carrying a firearm in the usual or ordinary course of such business.
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.
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.
Persons training dogs, if such persons are actually training dogs during the regular training season.
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.


If you read it is clearly says OR about his person!! Did the law change from just a few months ago to now??..

Please if you want to just argue with me DO NOT WRITE PLEASE! I am very much for OC and I don't feel you should even have to have a license to carry. But if there is somethng else that I am missing please let me know!!!
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Old January 12th, 2008
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Default Re: From how I read it, OC is A felony?..

Quote:
Originally Posted by PweShay View Post
§ 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.

If you read it is clearly says OR about his person!! Did the law change from just a few months ago to now??..

Please if you want to just argue with me DO NOT WRITE PLEASE! I am very much for OC and I don't feel you should even have to have a license to carry. But if there is somethng else that I am missing please let me know!!!
Yes you are missing something..the clause is concealed on or about his person keyword concealed. Open carry away!
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Old January 12th, 2008
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Default Re: From how I read it, OC is A felony?..

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Originally Posted by axmdr40 View Post
Yes you are missing something..the clause is concealed on or about his person keyword concealed. Open carry away!
^^What he said
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Old January 12th, 2008
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Default Re: From how I read it, OC is A felony?..

I see what you are saying.. But don't you think by the way it can sound that it is fare to say that can be argueed? How I was Reading it is "Concealed on"- Or about his person... The "Or About His Person" is what scares me... Do you see what I am talking about?
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Old January 12th, 2008
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Default Re: From how I read it, OC is A felony?..

Quote:
Originally Posted by PweShay View Post
But don't you think by the way it can sound that it is fare to say that can be argueed?
No, it can't.

Use the COMPLETE sentence.

"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."

"concealed on or about his person"

You can't break the sentence up and claim a new meaning. It is written as a complete sentence and interpreted the same.

Last edited by Pa. Patriot; January 12th, 2008 at 06:53 PM.
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Old January 12th, 2008
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Default Re: From how I read it, OC is A felony?..

Hey, someone tell gnbrotz he's lucky the sheriff really slipped up on this one
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Old January 12th, 2008
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Default Re: From how I read it, OC is A felony?..

The reason. I see it like that is I was in NY and was charged of a possesion in the 3rd.. This is how the law was written in NY for section 265.02 (4)..."4) Such person possesses any loaded firearm. Such possession shall
not, except as provided in subdivision one or seven, constitute a
violation of this section if such possession takes place in such
person's home or place of business;

As you can see it says" OR Place of Business"... In the APPEAL'S court it NEVER says anything about your business having to be in your home... Please I am not trying to break anyones balls here or even rain on OUR OC laws here in PA..

Some may say THIS IS NOT NY... BUT court is court and people have the same arguements.. If my DA that I had in NY, read this out she would have EVERYONE who was not licensed in TRIAL like I was...
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Old January 12th, 2008
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Default Re: From how I read it, OC is A felony?..

Misinterpretation by NY or any other court still does not mean "it can be argued". Because it clearly can not be argued.
Misinterpreted and unsuccessfully defended is an entirely different thing. Based on the info you posted, that is what you experienced.
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Old January 12th, 2008
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Default Re: From how I read it, OC is A felony?..

I want to that you for your response.. Its just something I want to find out about... again thank you..
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Old January 12th, 2008
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Default Re: From how I read it, OC is A felony?..

Quote:
Originally Posted by PweShay View Post
The reason. I see it like that is I was in NY and was charged of a possesion in the 3rd.. This is how the law was written in NY for section 265.02 (4)..."4) Such person possesses any loaded firearm. Such possession shall
not, except as provided in subdivision one or seven, constitute a
violation of this section if such possession takes place in such
person's home or place of business;

As you can see it says" OR Place of Business"... In the APPEAL'S court it NEVER says anything about your business having to be in your home...
I don't understand. Did a court of appeals say that your "place of business" must be in your "home"? That doesn't make any sense.
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