Car carry for PA resident with Out of state non resident permit?
I already know I’m ineligible for a PA LCTF due to a dumb mistake several years ago with marijuana. I do own guns legally and can purchase. My question is, if I were to apply for a non resident permit from a state with more lax requirements, can I use that Permit to carry in my car? The exceptions include car carry for any legally recognized state permit, regardless of reciprocity. And a non resident ccw from another state IS a legal permit, but the non-resident part has me second guessing. Thoughts?
Re: Car carry for PA resident with Out of state non resident permit?
I believe the answer is no. After Philadelphia cracked down on PA residents using Florida permits, the whole state ended reciprocity unless you are a resident of the state the license was issued.
I am not a lawyer.
Re: Car carry for PA resident with Out of state non resident permit?
Quote:
Originally Posted by
Jdambrose94
I already know I’m ineligible for a PA LCTF due to a dumb mistake several years ago with marijuana. I do own guns legally and can purchase. My question is, if I were to apply for a non resident permit from a state with more lax requirements, can I use that Permit to carry in my car? The exceptions include car carry for any legally recognized state permit, regardless of reciprocity. And a non resident ccw from another state IS a legal permit, but the non-resident part has me second guessing. Thoughts?
prohibited is prohibited
Re: Car carry for PA resident with Out of state non resident permit?
The law makes no exceptions for residency. It specifically says "Any person."
Quote:
§ 6106. Firearms not to be carried without a license.
(a) Offense defined.--
(1) Except as provided in paragraph (2), any person who 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 under this chapter commits a felony of the third degree.
(2) 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.
(b) Exceptions.--The provisions of subsection (a) shall not apply to:
(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.
I do not know if there is case law that interprets this differently than I have.
Re: Car carry for PA resident with Out of state non resident permit?
Quote:
Originally Posted by
OwnTheRide
The law makes no exceptions for residency. It specifically says "Any person."
I do not know if there is case law that interprets this differently than I have.
Correct me if I am wrong: To get a Non-Resident from any other state, that state will require you to have a resident permit from your state. A few states do make exceptions for states that with Constitutional Carry
I would say a PA resident, who is prohibited, and later caught in PA trying to use a non-resident permit would but up the creek without a paddle
Re: Car carry for PA resident with Out of state non resident permit?
Click on the Link....
Pennsylvania Superior Court has ruled that PA Residents must have a PA issued Permit to carry in
Pennsylvania. See Decision Here.
Re: Car carry for PA resident with Out of state non resident permit?
Quote:
Originally Posted by
Boots_DE
Click on the Link....
Pennsylvania Superior Court has ruled that PA Residents must have a PA issued Permit to carry in
Pennsylvania. See Decision
Here.
According to page 9 of the ruling, "any person" for exemption 11 does not apply to Pennsylvania residents. It sounds like it does by itself, but then they highlight the "shall" section for Pennsylvania residents.
Re: Car carry for PA resident with Out of state non resident permit?
Quote:
Originally Posted by
Parrisk
Correct me if I am wrong: To get a Non-Resident from any other state, that state will require you to have a resident permit from your state. A few states do make exceptions for states that with Constitutional Carry
I would say a PA resident, who is prohibited, and later caught in PA trying to use a non-resident permit would but up the creek without a paddle
When I lived in NJ I had my FL non resident permit so it wasn't a requirement as of 8 years ago.
Re: Car carry for PA resident with Out of state non resident permit?
A PA resident must have a PA LTCF in order to carry in PA.
A PA resident cannot carry in PA on a license issued to them by another state. The case has been mentioned above.
Re: Car carry for PA resident with Out of state non resident permit?
Quote:
Originally Posted by
Steve in PA
A PA resident must have a PA LTCF in order to carry in PA.
A PA resident cannot carry in PA on a license issued to them by another state. The case has been mentioned above.
Agree, but as with many firearm laws, many LE are not up to speed.
*Since* the court ruling, I've "successfully" presented my UT CCW on occasion, and had it "recognized" as valid for my needs. Of course, I do possess a PA LTCF as well, which I would have presented if needed, but I like to push boundaries and test the knowledge of LE as much as I can. I've found that what they "know" is frequently different than the factual reality contained in statute and case law.