Open carry law

[DR. GLOCK]

Can someone direct me to the specific statute that allows open carry.
Thanks

[Steve in PA]

There is no statute or law that allows open carry.

But.....there is no statute or law that says its illegal, therefore open carry is legal.

[DR. GLOCK]

Interesting.

[rwilson452]

I the words of a supreme court judge, Story I Think, "When the law is mute, there is no law."

Originally Posted by Steve in PA

There is no statute or law that allows open carry.

But.....there is no statute or law that says its illegal, therefore open carry is legal.

[27hand]

Try this.

OpenCarry.org
OpenCarry.org. "A right unexercised is a right lost" ...
www.opencarry.org/ - 2k - Cached - Similar pages

[DR. GLOCK]

Originally Posted by 27hand

Try this.

OpenCarry.org
OpenCarry.org. "A right unexercised is a right lost" ...
www.opencarry.org/ - 2k - Cached - Similar pages

It says that open carry in philly needs a lic. Yet individual counties etc. can not make their own gun laws. Either they can, or can't. Aynone have more insight on philly.

[27hand]

Here is a copy of what Steve posted a while back on Glocktalk.

This is taken from a well known court case; Commonwealth v Hawkins, and it is an excerpt taken from the rulings of the case:

(4) 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).

Philly is a city of the first class (the only one in Pa) and a Lic To Carry Firearms is required for either open or concealed carry.

Hope this helps

27

[Glock22xd9]

Originally Posted by DR. GLOCK

It says that open carry in philly needs a lic. Yet individual counties etc. can not make their own gun laws. Either they can, or can't. Aynone have more insight on philly.

He brings up a very valid point. This is a contradiction of the law.

[LittleRedToyota]

you are correct that counties, cities, etc. cannot make their own laws.

it is actually not a contradiction because the state legislature made the law that you need to have a license to carry in philly. it is part of fthe PA Uniform Firearms Act. you can dowlonad the PA UFA from the BATFE website.

the URL is:

http://www.atf.gov/firearms/statelaw...nnsylvania.pdf

the section you want is section 6108 "Carrying firearms on publice streets or public property in Philadelphia"

techinically, it applies to all "cities of the first class", but philly is the only "city of the first class" in PA.

also, just fyi, the pre-emption clause (the part that says counties, etc. cannot make their own gun laws) is section 6120 "Limitation on the regulation of fireamrs and ammunition"

(ETA: 27 hand beat me to it...i was busy looking up the BATFE URL and did not see his post before i finished mine.)

[DR. GLOCK]

Originally Posted by 27hand

Here is a copy of what Steve posted a while back on Glocktalk.

This is taken from a well known court case; Commonwealth v Hawkins, and it is an excerpt taken from the rulings of the case:

(4) 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).

Philly is a city of the first class (the only one in Pa) and a Lic To Carry Firearms is required for either open or concealed carry.

Hope this helps

27

From what I understood. You need a lic (clearly contradicting the constitution) to CCW. If you DON'T have a CCW you can STILL open carry. Is my understanding wrong? What does a CCW have to do with open carry?