OPEN CARRY VS CCW GNBROTZ QUESTION

[CJR55]

First let me start by stating for the record I have no bias either way in the issue of Gnbrotz. It is an individuals choice wether to carry openly or not. My question is that in the first sentence of the law on issuance of a ccw it states that a ccw is permitted to carry a firearm concealed, it mentions nothing about carrying a firearm openly. That being said the open carry laws say that a person can openly carry a firearm while on foot, and not while in a vehicle. So did Gnbrotz violate the ccw law by openly carrying while enroute to the polling place while assumably driving, the way the law is worded Gnbrotz should have had to conceal the weapon while in the vehicle. But at what point does the open carry law take effect, the minute he stepped out of his vehicle? Just the mere fact that he had a valid ccw permit now exclude him from carrying openly because of the wording of the ccw statues. OPINIONS PLEASE

[Skuggi]

Lemme help ya, that is talking about the weapon while in a car is considered concealed. Doesn't matter if it's on ya or not.

[Nate]

A firearm in the vehicle is considered concealed in PA. Thats why you must have a CCWP to have it loaded in the car.

[Emptymag]

CJR55,
First, WELCOME to the forum!

Second, I'm not sure what gnbrotz's situation has to do with the question and I would hope that folks don't bring his name into THIS discussion simply because there could be folks who read this who may be all too happy to take anything they can deem as negative and use it against him.
(Simply put, this question could be put forth without using him in the example)
Just my opinion. Each of you may of course, do as you wish.

Third,

...open carry laws say that a person can openly carry a firearm while on foot, and not while in a vehicle...

Not sure where you got that... maybe its' just the way you heard things or simply a poor choice of words, but there ARE no "open carry laws", just laws that dictate that you must have a LTCF in order to carry concealed.(on your person, or in a vehicle)

[CJR55]

I see what you are saying about the vehicle, point taken. thanks

[Pa. Patriot]

Originally Posted by CJR55

... My question is that in the first sentence of the law on issuance of a ccw it states that a ccw is permitted to carry a firearm concealed, it mentions nothing about carrying a firearm openly.

Correct. basically correct.
The actual text is: (a) Purpose of license.--A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle throughout this Commonwealth.
The LTCF also permits open carry of firearms, rifles and shotguns in Phila per ss6108

If your question is concerning the idea that the permit somehow removes ones ability to OC, that would be incorrect.

Just as with a drivers license. There is no law prohibiting driving a motor vehicle on private property. Optaining a drivers license, for the purpose of being allowed to drive on public roads, does not remove your ability to drive a motor vehicle on private property. Exactly the same way as a LTCF does not remove your ability to carry in any way not prohibited by statute.

Originally Posted by CJR55

That being said the open carry laws say that a person can openly carry a firearm while on foot, and not while in a vehicle.

There are no "open carry laws", laws define what is not legal, not what is. Although some laws incude text exemppting "things".
The fact that there is no law prohibiting OC on foot makes it de facto "legal".

Originally Posted by CJR55

did Gnbrotz violate the ccw law by openly carrying while enroute to the polling place while assumably driving,

Very simply, and definitively, NO.

PS: WELCOME!

For more info on open carry visit paopencarry.org

[CJR55]

Thanks for the welcome and you are right about bringing him into the question at hand. I was reading his thread and thats where the question came to me from. But in doing some more investigating I answered my own question There is no laws on the books or case law that bounds a ccw'er to carry concealed. Thanks

[Pa. Patriot]

Originally Posted by CJR55

... in doing some more investigating I answered my own question There is no laws on the books or case law that bounds a ccw'er to carry concealed. Thanks

Ah, yep! You got it... Now go tell at least ten friends