Father to son transfer (handgun)

[SF_Kilo]

In very simple terms DO NOT OPEN CARRY PERIOD! I am 20yrs. old and have studied many of the laws and regulations in Pennsylvania ( I may not understand them Perfectly but I do my best). Open carry has many problems:
1. Causes unneeded and unwanted attention. (Causes general unrest, "May disturb the peace")
2. Defeats the element of surprise in the case the Carry Weapon is actually needed.
3. Most if not all countys, cities, townships, and communities have separate laws forbidding open carry.
4. The most important, you and I are NOT 21 years of age so carrying is out of the question legal or not (this is debated with open carry) unless of course you enjoy spending time in local jails or police stations.
To sum it all up Open carry outside of your home or property is not worth it regardless of age or LTC standing.

[wmriz]

from what i read the law is ONLY between a husband and wife all others must have a transfer

[chris198]

Originally Posted by SF_Kilo

In very simple terms DO NOT OPEN CARRY PERIOD! I am 20yrs. old and have studied many of the laws and regulations in Pennsylvania ( I may not understand them Perfectly but I do my best). Open carry has many problems:
1. Causes unneeded and unwanted attention. (Causes general unrest, "May disturb the peace")
2. Defeats the element of surprise in the case the Carry Weapon is actually needed.
3. Most if not all countys, cities, townships, and communities have separate laws forbidding open carry.
4. The most important, you and I are NOT 21 years of age so carrying is out of the question legal or not (this is debated with open carry) unless of course you enjoy spending time in local jails or police stations.
To sum it all up Open carry outside of your home or property is not worth it regardless of age or LTC standing.

About number 2, I heard Cities, countys and townships cant make their own laws about it.. I could be wrong though...

[knight0334]

As was mentioned before, 18 is the minimum age to own a pistol in PA. You aren't restricted to a gift from a parent or grandparent, you can purchase from another person and transfer at a Sheriffs office. Any transfers from a private person to private person at a dealer - the dealer must add the firearm to his bound book to do a POCS/NICS check on the receiver. ...so you'd have to be 21 for that.

[knight0334]

Originally Posted by chris198

About number 2, I heard Cities, countys and townships cant make their own laws about it.. I could be wrong though...

You are correct. PA has total preemption on firearms laws.

[knight0334]

Originally Posted by wmriz

from what i read the law is ONLY between a husband and wife all others must have a transfer

These are the legal paperless transfers, so long as the receiving person is of lawful age, and has no other prohibiting offenses:

1. Spouse to spouse
2. Parent to child
3. Child to parent
4. grandparent to grandchild
5. Grandchild to grandparent

[chris198]

Originally Posted by knight0334

You are correct. PA has total preemption on firearms laws.

I knew I wasen't wrong, but I didn't want to sound cocky. :S

[knight0334]

Originally Posted by SF_Kilo

In very simple terms DO NOT OPEN CARRY PERIOD! I am 20yrs. old and have studied many of the laws and regulations in Pennsylvania ( I may not understand them Perfectly but I do my best). Open carry has many problems:
1. Causes unneeded and unwanted attention. (Causes general unrest, "May disturb the peace")
2. Defeats the element of surprise in the case the Carry Weapon is actually needed.
3. Most if not all countys, cities, townships, and communities have separate laws forbidding open carry.
4. The most important, you and I are NOT 21 years of age so carrying is out of the question legal or not (this is debated with open carry) unless of course you enjoy spending time in local jails or police stations.
To sum it all up Open carry outside of your home or property is not worth it regardless of age or LTC standing.

There is no debate on whether open carry is legal in PA. If you can lawfully own a pistol, you can lawfully carry it openly. In fact, there is a law that makes it a crime for an LEO to arrest you for practicing your rights.

Commonwealth of PA vs. Hawkins


In all parts of Pennsylvania, persons who are licensed may carry concealed firearms. 18 Pa.C.S. § 6108. *Except in Philadelphia, firearms may be carried openly without a license*. See Ortiz v. Commonwealth, ___ Pa. ___, ___, 681 A.2d 152, 155 (1996) (*only in Philadelphia must a person obtain a license for carrying a firearm whether it is unconcealed or concealed; in other parts of the Commonwealth, unconcealed firearms do not require a license*). The Commonwealth takes the radical position that police have a duty to stop and frisk when they receive information from any source that a suspect has a gun. Since it is not illegal to carry a licensed gun in Pennsylvania,4 it is difficult to see where this shocking idea originates, notwithstanding the Commonwealth's fanciful and histrionic references to maniacs who may spray schoolyards with gunfire and assassins of public figures who may otherwise go undetected. Even if the Constitution of Pennsylvania would permit such invasive police activity as the Commonwealth proposes -- which it does not -- such activity seems more likely to endanger than to protect the public. Unnecessary police intervention, by definition, produces the possibility of conflict where none need exist.* Contrary to the Commonwealth's view, the public will receive its full measure of protection by police who act within the restraints imposed on them by Art. I, § 8 of the Constitution of Pennsylvania and this court's relevant case law. Upon receiving unverified information that a certain person is engaged in illegal activity, the police may always observe the suspect and conduct their own investigation. If police surveillance produces a reasonable suspicion of criminal conduct, the suspect may, of course, be briefly stopped and questioned (the Terry investigative stop),
Commonwealth v. Ortiz
53 Pa.C.S. section 13133. Philadelphia appellants assert that they are limited by the acts of the General Assembly only if those acts are applicable in the entire commonwealth, and the firearms statute is not. In particular, they argue that in Philadelphia County, the legislature requires that a person must be licensed to carry weapons openly and not concealed from sight,*
18 Pa.C.S. section 6108, [footnote 1] whereas in all other counties of Pennsylvania, *weapons may be carried openly without a license*, 18 Pa.C.S. section 6106. [footnote 2]\

[SF_Kilo]

Yes the law does not allow locals to make their own laws but they do! They will take you in for disturbing the peace or some other technicality. You can quote the law all day long, that will not change how things will work in the "real" world. I would certainly love to be carrying MY Glock 19 (18th birthday present from dad). But I do not go out and try to challenge the Fuzz to a law debate while in public with a gun on my hip. Plus as I stated before you don't want the person that you may need to use that firearm against to know you have it. Not only does knowing about it in advance remove the "surprise" but may also make it easier for the assailant to grab your sidearm and "surprise" you. Oh and unless you walk everywhere you would take your gun you would need to unload and secure it in the car, as open carry is not possible in a vehicle. Would I open carry? NO. Should you open carry? NO. Should anyone open carry (unless on a range or of course on their property of place of business)? NO. Open carry is pointless unless you feel the need to be a tough guy and have a gun, and it only causes problems and could get you killed by your own gun (more likely than concealed carry) or in big trouble by the local law man. Say what you want but go give open carry a shot (no pun intended) and see where it gets you. All you will get is lots of people staring at you until a cop sees what all the attention is about, From there it gets uncomfortable and possibly ugly. But if anyone insists it is legal (which it is as far as I am concerned) try it for a week and see where it gets you. It will cause headaches unless you never leave the house.

[Mark]

Originally Posted by jamheg1101

so just out of curiosity... how do open carry laws pertain to a 20 year old who was gifted a handgun from their parents?

As long as your not in philly go for it.

Originally Posted by SF_Kilo

Yes the law does not allow locals to make their own laws but they do! They will take you in for disturbing the peace or some other technicality. You can quote the law all day long, that will not change how things will work in the "real" world. I would certainly love to be carrying MY Glock 19 (18th birthday present from dad). But I do not go out and try to challenge the Fuzz to a law debate while in public with a gun on my hip. Plus as I stated before you don't want the person that you may need to use that firearm against to know you have it. Not only does knowing about it in advance remove the "surprise" but may also make it easier for the assailant to grab your sidearm and "surprise" you. Oh and unless you walk everywhere you would take your gun you would need to unload and secure it in the car, as open carry is not possible in a vehicle. Would I open carry? NO. Should you open carry? NO. Should anyone open carry (unless on a range or of course on their property of place of business)? NO. Open carry is pointless unless you feel the need to be a tough guy and have a gun, and it only causes problems and could get you killed by your own gun (more likely than concealed carry) or in big trouble by the local law man. Say what you want but go give open carry a shot (no pun intended) and see where it gets you. All you will get is lots of people staring at you until a cop sees what all the attention is about, From there it gets uncomfortable and possibly ugly. But if anyone insists it is legal (which it is as far as I am concerned) try it for a week and see where it gets you. It will cause headaches unless you never leave the house.

Sorry I open carry. In a pretty ani area to and cops havn't said anything to me. Most don't even give me a second glance. the only person that has said anything to be is my boss when i come in of Fri. night to pick up my check.