Carrying in Military Uniform

[Smitty03]

A close friend informed me of a law in the past where any military personel in uniform could carry a weapon without a permit. I am trying to find out what kind of truth there is to this law.

[jdlv4_0]

Only when performing Military duites.

see below in BOLD

A License to Carry Firearms is issued to carry a firearm concealed on one’s person or in a vehicle within this Commonwealth. 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 commits a felony of the third degree.

A person who is otherwise eligible to possess a 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.

Listed below are exceptions as outlined in 18 Pa.C.S. § 6106. (2) (b) Exceptions:

1) Constables, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions, or other law-enforcement officers.

2) Members of the army, navy or marine corps of the United States or of the National Guard or organized reserves when on duty.

3) The regularly enrolled members of any organization duly organized to purchase or receive such weapons from the United States or from this Commonwealth.

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 firearm is unloaded.

5) Officers or employees of the United States duly authorized to carry a concealed firearm.

6) 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. (Individuals carrying a firearm as an incidence of their employment are required to be certified through the Lethal Weapons Training Act requirements set forth in 22 P.S. § 44(b).

7) 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.

8) Any person while carrying a firearm which is not loaded and is in a secure wrapper from the place of purchase to his home or place of business, or to a place of repair, sale or appraisal 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 place of instruction intended to teach the safe handling, use or maintenance of firearms, or back to a location to which the person has been directed to relinquish firearms under 23 Pa.C.S. § 6108 (relating to relief) or back upon return of the relinquished firearm or to a licensed dealer’s place of business for relinquishment pursuant to 23 Pa.C.S. § 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or back upon return of the relinquished firearm or to a location for safekeeping pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment to third party for safekeeping) or back upon return of the relinquished 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.

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.

12) A person who has a lawfully issued license to carry a firearm pursuant to section 6109 (relating to licenses) and that said license expired within six months prior to the date of arrest and that the individual is otherwise eligible for renewal of the license.

13) Any person who is otherwise eligible to possess a firearm under this chapter and who is operating a motor vehicle which is registered in the person's name or the name of a spouse or parent and which contains a firearm for which a valid license has been issued pursuant to section 6109 to the spouse or parent owning the firearm.

14) A person lawfully engaged in the interstate transportation of a firearm as defined under 18 U.S.C. § 926A (relating to interstate transportation of firearms).

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.
(ii) The Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.

(Note that before an exception would be granted under numbers 9 and 10, the person must obtain a valid Sportsman’s Firearm Permit from the county treasurer.)

Who can apply for a Sportsman’s Firearm Permit?

An individual who is age 18 or older and is licensed to hunt, trap or fish, or who has been issued a permit relating to hunting dogs, may apply for a Sportsman's Firearm Permit by submitting a completed application along with the required fee to the county treasurer's office. The permit shall be issued immediately and be valid throughout this Commonwealth for a period of five years from the date of issue for any "legal firearm", when carried in conjunction with a valid hunting, furtaking or fishing license, or permit relating to hunting dogs. The issuances of a Sportsman’s Firearm Permit allows the individual to carry a firearm if such persons are actually hunting, taking furbearers, fishing or training dogs, or are going to the places where they desire to hunt, take furbearers, fish, or train dogs during the regular training season, or returning from such places. A Sportsman's Firearm Permit is NOT a License to Carry a firearm concealed.

How can I find the most recent information regarding Firearm Reciprocity Agreements?
In 1995, the Pennsylvania General Assembly gave the Attorney General the authority to enter into reciprocity agreements with other states providing for the mutual recognition of each state’s license to carry a firearm. The most current information concerning what states have reciprocity agreements with Pennsylvania is posted on the Attorney General’s web site at www.attorneygeneral.gov. To access this information on their web site, select “Criminal Law” and from the drop down box select “Firearm Reciprocity”. From here you can view all the states that currently have reciprocity agreements with Pennsylvania along with a copy of the actual reciprocity agreements.

Other information included under “Firearm Reciprocity” is a list of states that allow any out of state resident with a valid concealed weapons permit from their home state to carry a weapon while in those respective states. These states usually require the individual to have the actual permit and a photo ID on their person while carrying the weapon. Note that unless Pennsylvania has a reciprocity agreement with a state, regardless of whether or not their home state recognizes our license/permit, the residents of that state MAY NOT carry a firearm while in Pennsylvania unless they have a current and valid Pennsylvania License to Carry or fall under the exceptions as listed in 18 Pa.C.S. § 6106(2)(b).

[Steve in PA]

1) Any military person will only be carrying a military weapon WHEN his command sees fit to allow him to do so, as in being on duty, etc.

2) Any military person carrying a private weapon (non-military) must meet and follow the same rules & regs as a non-military member.

[Crazy-c]

I was in the national guard and on may 12 of this year I will recieve my commission in the United States Army as a infantry Second Lieutenant. I am pretty sure that you are not allowed to conceal carry your own personal weapon while in uniform. now I could be wrong, But i never seen my officers with any weapons concealed just pulling it out while on the range. I am pretty sure you could check AR (Army Regulations). If I could have my way I would allow concealed carry for uniformed soldiers. Anyways, just be careful and you still need to follow the same laws as a average citizen in regards of CCW.

[rwilson452]

Once and only once I was autorized to carry when I was not in uniform. I had a letter signed and sealed from my C.O An LEO knew I was carrying and ask. I showed him the letter and he didn't know if that was legal or not but was not going to push it. Later that night he found out why I was packing. Ah, the look on his face

[Statkowski]

When in uniform you are on duty and military regulations apply, one of which is definitely no personal concealed firearms. The blurb in the Pennsylvania law is there to permit military types on duty to carry duty weapons without having to obtain an LTCF.

[ChamberedRound]

Originally Posted by Crazy-c

I was in the national guard and on may 12 of this year I will recieve my commission in the United States Army as a infantry Second Lieutenant.

Congratulations on your commission, and thank you for your service.

[Steve in PA]

Originally Posted by rwilson452

Once and only once I was autorized to carry when I was not in uniform. I had a letter signed and sealed from my C.O An LEO knew I was carrying and ask. I showed him the letter and he didn't know if that was legal or not but was not going to push it. Later that night he found out why I was packing. Ah, the look on his face

I'd love to hear the reason your CO gave for allowing you to carry when not in uniform. Was it a military sidearm or a personal sidearm?

I've been in the military myself, USMC and National Guard and I've never, ever seen or heard of any CO doing this.

[IceFire]

Originally Posted by Steve in PA

I'd love to hear the reason your CO gave for allowing you to carry when not in uniform. Was it a military sidearm or a personal sidearm?

I've been in the military myself, USMC and National Guard and I've never, ever seen or heard of any CO doing this.

I sense there's quite a story behind the situation...

[Steve in PA]

There would have to be because there is no way some CO is going to give someone "authorization" to carry out of uniform. Unless you are an MP, CID, etc I know of no situation where anyone but one of those persons would be authorized to carry when no in "uniform".

And if you are one of those, you do not need any authorization as your credentials would be good enough.