Question of Curiosity... Stinger pen gun OC?

[StealthBeast]

Hoping I'm not asking a stupid/obvious question here... Apparently, these pen guns are considered pistols instead of AOWs because they need to be deployed in their L-shaped form to be fired..



I can't even begin to find a clear answer to this: Out of curiosity, if one were to carry this on them, clipped in their shirt pocket or belt in plain view, would it be considered open-carry?

[mpi]

i don't see why not. i used to carry one as a back up when i was a PI.

[wa3ra]

Interesting question. Closed, it might actually 'self-conceal' itself...but is there a law 'against' that?

[CHEMICAL]

Originally Posted by StealthBeast

Hoping I'm not asking a stupid/obvious question here... Apparently, these pen guns are considered pistols instead of AOWs because they need to be deployed in their L-shaped form to be fired..



I can't even begin to find a clear answer to this: Out of curiosity, if one were to carry this on them, clipped in their shirt pocket or belt in plain view, would it be considered open-carry?

i would assume that if the butt of a pistol sticking out of a hip holster is considered open carry, then the end of a "pen" sticking out would also be considered open carry, even though its technically not functional as a pistol until you bend it into the shape or angle of one. that is my opinion.

[justashooter]

your LTCF does not cover long gun, AOW, SBS, SBR, MG, or crew served weapon. you decide the relevance.

[The Drew]

Originally Posted by justashooter

your LTCF does not cover long gun, AOW, SBS, SBR, MG, or crew served weapon. you decide the relevance.

It doesn't cover long guns, but IIRC all the rest of those are considered firearms by PA law and should be able to be carried with your LTCF. Maybe not the crew served weapon...

[jsmithxd]

Originally Posted by justashooter

your LTCF does not cover long gun, AOW, SBS, SBR, MG, or crew served weapon. you decide the relevance.

That is incorrect. The definition of a firearm pertaining to 6109 is listed under section 6102

“FIREARM.” 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.

If you have a SBS , SBR, MG or combination of any of the 3 and it meets the requirements listed above then you're legal to carry with a LTCF.

[ungawa]

Originally Posted by The Drew

It doesn't cover long guns, but IIRC all the rest of those are considered firearms by PA law and should be able to be carried with your LTCF. Maybe not the crew served weapon...

True. Anything with a short barrel or short overall length (I forget the numbers) is covered by LTCF. And by "anything" I mean normal small arms (including MGs). I don't know enough about everything that could be AOW but see above.

[tl_3237]

Originally Posted by StealthBeast

I can't even begin to find a clear answer to this: Out of curiosity, if one were to carry this on them, clipped in their shirt pocket or belt in plain view, would it be considered open-carry?

This is an interesting question that would be an interesting court case.

There is no PA definition for what constitutes 'open' carry or 'concealed' but, as has been discussed in other threads, a definition can be argued that a gun is concealed when it presence is not readily discernable to a reasonably observant person. We can also look to other states who have defined the term - for example North Dakota:

62.1-04-01. Definition of concealed. A firearm or dangerous weapon is concealed if it is carried in such a manner as to not be discernible by the ordinary observation of a passerby. There is no requirement that there be absolute invisibility of the firearm or dangerous weapon, merely that it not be ordinarily discernible

Using that definition I would then have to ask myself whether the physical form of the gun was so far out of norm that it would be unidentifiable as a gun to the average person.

In this case I would suspect that even those who consider themselves gun enthusiasts, much less Joe/Jane Doe, would have trouble recognizing it as a gun from a cursory look.

No statute or case law backs up my opinion, but I would hazard that a DA would have a good chance arguing that this is 'concealed carry' even while in plain view.

[340M&P]

My pen gun is on my form 3 as an AOW. That makes it not a pistol. As for the open carry, don't know. Mine is in my shirt pocket, so partially concealed. Hmm.