-
Minimun age for open carry
My older daughter turned 18 in September of this year. My question is; keeping in mind the legal definition of a firearm is a handgun (sic) with a barrel length of less than 15", would it be legal for my 18 year old daughter to go for a walk in a rural area (or anywhere else for that matter) openly carrying a handgun that's registered in my name, or her moms name. Her mom and I are divorced, I don't reside there. And what EXACTLY is the legal definition of 'open carry'.
As a point of reference, I have relatives in AZ who are LEO who've advised me that a handgun worn in a holster under a coat in AZ is considered not concealed.
Another thing I'm aware of is that something is enforceable ONLY if it's in the crimes code. Meaning if it's not in there, it's NOT enforceable.
Thanks all!
-
Re: Minimun age for open carry
Open Carry is anything that's not concealed. The Uniform Firearms Act (UFA) is silent on Open Carry, so you're not going to find a definition of such.
The minimum age for Open Carry is 18. Concealed Carry, which requires a license, is 21.
Although at age 18 your daughter cannot purchase a firearm, you, or your ex-wife, can give her one (i.e., a gift), or she can purchase one from either of you two. As a parent-to-child transfer, no paperwork or Official involvement is required. You mentioned handguns registered in your name or your ex-wife's name. There is no handgun registration in Pennsylvania.
What holds true for Arizona does not hold true for Pennsylvania. Hidden under a coat is Concealed Carry as far as Pennsylvania is concerned, and would require the bearer to possess a License to Carry Firearms. On the outside of the coat, however, would be Open Carry and would require no license.
You're correct concerning the Crimes Code. If something is not listed as a crime, then it's not a crime at all.
-
Re: Minimun age for open carry
First off,Pa. does NOT have a registery. The PSP has a record of sale.
You can gift a firearm to your daughter.
18yrs. is OK to OC, must be 21 to buy a handgun or get a LTCF.
I'm sure one of the more knowledgable ones will speak up soon.
-
Re: Minimun age for open carry
Wasn't it Chief Justice Story that said," Where the law is mute, there is no law."
Quote:
Originally Posted by
Statkowski
Open Carry is anything that's not concealed. The Uniform Firearms Act (UFA) is silent on Open Carry, so you're not going to find a definition of such.
You're correct concerning the Crimes Code. If something is not listed as a crime, then it's not a crime at all.
-
Re: Minimun age for open carry
Also bear in mind that without a LTCF she would be in violation of Federal law if she carried the gun within 1000 feet of a school (18 USC §922(q) - The gun Free School Zone Act of 1995).
This is usually a 'pile on' charge and not often enforced in absence of another charge but it is the current law!
-
Re: Minimun age for open carry
Quote:
Originally Posted by
Statkowski
The minimum age for Open Carry is 18. Concealed Carry, which requires a license, is 21.
I take exception to this... While it IS true that you need to be 21 to be issued a Pa LTCF, it is NOT true that you must be 21 to Conceal Carry in Pa.
If you are under 21, AND have a Concealed Carry Permit from a Reciprocal State, you CAN Conceal Carry in the Commonwealth of Pa.
There is nothing in the UFA that says you must be 21 to CC. Only that you must be 21 to get a PA LTCF.
-
Re: Minimun age for open carry
Quote:
Originally Posted by
lildobe
I take exception to this... While it IS true that you need to be 21 to be issued a Pa LTCF, it is NOT true that you must be 21 to Conceal Carry in Pa.
If you are under 21, AND have a Concealed Carry Permit from a Reciprocal State, you CAN Conceal Carry in the Commonwealth of Pa.
There is nothing in the UFA that says you must be 21 to CC. Only that you must be 21 to get a PA LTCF.
Do you know which states those are, that would be good info. to have posted.
-
Re: Minimun age for open carry
Thanks all for the quick responses. I'm aware that there's no official gun registration in PA, just that when one purchases a gun the paperwork legally connects the serial number to your name. I'm also aware that what's legal in other states isn't necessarily legal in the Commonwealth. I've asked a couple cops and so far their answer is "Where & why is she carrying the gun in the first place?" Their question doesn't answer my question, and FYI, I already have a written response from my daughters home county D.A. concerning a letter I wrote to his office about carrying in a school on a PA License to Carry. In his response he says it's not legal, but seems to leave open the possibility there'd be no charges filed if I were to respond to a deadly threat situation. Catch 22 of course, how does one use a gun to defend oneself or others if one doesn't have the gun in the first place!?
Also, those of you who responded, are you LEO or other legal professionals?
-
Re: Minimun age for open carry
Let's clarify some of the info posted thus far as there is some inconsistecy and incorrect points.
Age to open carry:
18
She can openly carry anywhere in Pa. other than in vehicles and Philadelphia. For vehicle carry and carry on public streets in phila a LTCF, a liense from any other state or other exception (paragraph (b) of the below law) is required. (ref: 18Pa.C.S.6106 18Pa.C.S.6108)
She also can not carry in places prohibited from carry by law such as court facilities, see this thread:
http://forum.pafoa.org/concealed-ope...nsylvania.html
Concealed carry:
She can carry concealed in her "abode" or "fixed place of business". She can also carry concealed if she were to aquire a license from a state that is recognized by Pa. (reciprocal) as lildobe mentioned above.
Ref: 18Pa.C.S.6106(b)
Age to purchase a handgun:
18
However, a licensed dealer can not sell to under 21 yr olds due to fed law. So an 18 yr old is limited to gift/purchase from parent/grandparent/spouse. Or have purchase from other private party transferred through sheriff dept.
See this thread for more info:
http://forum.pafoa.org/question-answ...tml#post497933
For a general sumation of the above see this printable flyer:
http://forum.pafoa.org/concealed-ope...carry-you.html
-
Re: Minimun age for open carry
Quote:
Originally Posted by
donquixote1955
Thanks all for the quick responses. I'm aware that there's no official gun registration in PA, just that when one purchases a gun the paperwork legally connects the serial number to your name.
Not correct.
1) Only handgun, SBR and SBS purchases and transfers through an FFL, in which a form SP4-113 is executed have serial number info sent to the PSP to be added to the "database" of some sales. This data base is a database of exactly what I described above. Sales/transfers where a SP4-113 is generated. NO other trasfers or acquisitions are recorded in it.
2) Since the database is incomplete and there are other ways to acquire handguns legally in Pa. without the generation of a form SP4-113, the "database" is 100% worthless as a means to connect a serial number to "your name".
It simpy does not prove ownership.
Quote:
Originally Posted by
donquixote1955
I'm also aware that what's legal in other states isn't necessarily legal in the Commonwealth. I've asked a couple cops and so far their answer is "Where & why is she carrying the gun in the first place?"
Police are the last people you should ask for legal info/advice. ;)
Quote:
Originally Posted by
donquixote1955
...FYI, I already have a written response from my daughters home county D.A. concerning a letter I wrote to his office about carrying in a school on a PA License to Carry. In his response he says it's not legal,
Since she is 18, I assume you are referring to a college when you say school?
If so then the DA is absolutely WRONG. There is NO law prohibiting carry in college institutions in Pa.
Can you share this letter? This needs addressed.
Quote:
Originally Posted by
donquixote1955
Also, those of you who responded, are you LEO or other legal professionals?
I am neither of the above.
The above is not legal "advice", simply the law as I understand it. :)
-
Re: Minimun age for open carry
I would request you define the term school you used. There is a world of difference between an elementary/secondary school, and a college or other post secondary school.
-
Re: Minimun age for open carry
Quote:
Originally Posted by
Pa. Patriot
Age to purchase a handgun:
18
However, a licensed dealer can not sell to under 21 yr olds due to fed law. So an 18 yr old is limited to gift/purchase from parent/grandparent/spouse
Right - the family member exception to transfer included all manner of transfers, incuding sales for money.
Folks can also move into PA with their handguns, and they can inherit handguns without ther ever being any record of the transfer - hence, the PSP database of transfers is essentially meaningless.
And strange but true, a non-prohibited PA resident who buys a handgun in PA without being covered by an exception or going thru a dealer/Sheriff breaks no law.
-
Re: Minimun age for open carry
Quote:
Originally Posted by
Mike
...And strange but true, a non-prohibited PA resident who buys a handgun in PA without being covered by an exception or going thru a dealer/Sheriff breaks no law.
But the seller/transferror does. And the way the legal system works I would not reccomend anyone be a party to an unlawful transfer, even as the transferee. Unless you like being diposed, a witness in court, your property seized as evidence - etc ;)
-
Re: Minimun age for open carry
Which states will allow an eighteen year old non-resident to apply for an LTCF that are reciprocal with Pennsylvania?
-
Re: Minimun age for open carry
All of this brings a question to me. If I were to purchase a handgun and then soon after gift it to my 19y.o., is that a straw purchase? To be explict, I'd be buying it with the intention of gifting it to my daughter. BTW, this is hypothetical.
-
Re: Minimun age for open carry
Quote:
Originally Posted by
ErSwnn
I'd be buying it with the intention of gifting it to my daughter.
Then it' a gift.
-
Re: Minimun age for open carry
Like I said, someone smarter than me will set everyone straight......
-
Re: Minimun age for open carry
A couple questions were asked, can't remember who but here's the answers: My 18 year old daughter is still in high school, my concern is for her going for a walk where she lives, a rural area.
I'll type out the answer to the letter I received from the Westmoreland County D.A.s office dated 12-11-07.
"I am in receipt of your letter of November 29, 2007 inquiring whether a person properly licensed to carry a firearm may carry a firearm onto school property.
I could not immediately find precedent addressing the issue. Consequently, each decision to prosecute a case is based on the unique facts and circumstances of the case itself. Therefore, this Office cannot offer an advisory opinion that assesses future conduct since*((typo in the origional letter) as criminal since the facts and circumstances of the particular case are unknown.
However, I offer the following: Section 912 porvides a general prohibition against the possession of weapons on school property. Section 912 specifically prohibits the possession of a firearm on school property and further provides that "It shall be a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose." Therefore, the fact that one is properly licensed to carry a firearm does not grant one the right to carry the firearm onto school property. Such an interpretation nullifies the purpose of the statute which is to specifically prohibit the possession of a firearm on school property. In other words, although one may be licensed to carry a firearm, Section 910*((typo in origional letter), nonetheless, prohibits the possession of a firearm on school property except for limited circumstances."
I take this to mean that even if you have a License To Carry, you're illegal if you get caught carrying on school property. However, if one IS carrying and the school were to come under an attack, and you feel compelled to respond with deadly force then you might either get No Billed by a Grand Jury or be found not guilty if the case went to trial.
My only question here and now remains as I first asked. I do appreciate all the responses, thanks.
-
Re: Minimun age for open carry
Ah, ok. Yes, the elementary or secondary schools are generally prohibited under 912.
The defense you listed is something both people seem unwilling to be the test case for and courts seem unwilling to convict for, absent other criminal activity. IOW, I can't find any *conclusive* case law.
Presumably, since there is NO "exceptions" in 912, the presence of an affirmative defense is how police officers carry on school grounds.
But if you search the board here you'll find a number of discussions on this topic. Long story short: Nobody is really sure.
-
Re: Minimun age for open carry
What's confusing for me isn't so much what the law says, but what it doesn't address that seems to be open to interpretation. I only used the example from AZ as a point of interest. To be specific, I asked a nephew, who's an AZ DPS Trooper, how one goes about open carry when it's cold outside and one is wearing a coat. He told me that so long as the handgun is carried in a holster on the belt, as opposed to being just stuck in the waistband or in a pocket, it's considered visible even if it's completely covered by a coat. I know this isn't the law here in PA, which is why I said it's merely a point of reference.
-
Re: Minimun age for open carry
Quote:
Originally Posted by
donquixote1955
What's confusing for me isn't so much what the law says, but what it doesn't address that seems to be open to interpretation. I only used the example from AZ as a point of interest. To be specific, I asked a nephew, who's an AZ DPS Trooper, how one goes about open carry when it's cold outside and one is wearing a coat. He told me that so long as the handgun is carried in a holster on the belt, as opposed to being just stuck in the waistband or in a pocket, it's considered visible even if it's completely covered by a coat. I know this isn't the law here in PA, which is why I said it's merely a point of reference.
In AZ... when I lived there for a couple of years near Tucson... the rule was as long as a Portion of the Holster and a portion of the weapon was visible, the it was not considered concealed...and allowable
So, and IWB was OK...as the Butt was sticking out of the pants, and the loop to the belt was considered part of the holster.
The portion about covered by the coat... no difference if covered by a shirt. If full concealed (not a portion visible) then they are concealing....not so sure the police officer was correct in that (may have changed since then...possibly)
If no Holster is used (tucked in to a belt) then that does not meet the open carry for Az, and considered illegal form of carry. It gets a little confusing when you bring in to the picture a clip draw device...never researched the legality of that in Az
I typically had one in a IWB at all times, or in a shooulder holster when on a motorcycle
-
Re: Minimun age for open carry
IANAL but I believe that the determination as to whether a firearm is concealed or not is if its presence would be obvious to a reasonably observant person.
-
Re: Minimun age for open carry
I spoke to the Sheriff in Pike County about this very issue. He told me he would bring my daughter up on charges, From what I've read he's wrong and putting legal 18 year's no way to decent themselves. I also asked him about a Sportsman's Firearms Permit to allow the carrying of a handgun while going to or from fishing and hunting. He said if I was there and within sight of my daughter it would be ok otherwise he would arrest her.
Pike County sucks as they do whatever they want to do. It's my understanding they stopped issuing carry permits to people from out of state. NOT Legal
-
Re: Minimun age for open carry
Quote:
Originally Posted by
Liketohike69
I spoke to the Sheriff in Pike County about this very issue. He told me he would bring my daughter up on charges, From what I've read he's wrong and putting legal 18 year's no way to decent themselves. I also asked him about a Sportsman's Firearms Permit to allow the carrying of a handgun while going to or from fishing and hunting. He said if I was there and within sight of my daughter it would be ok otherwise he would arrest her.
Pike County sucks as they do whatever they want to do. It's my understanding they stopped issuing carry permits to people from out of state. NOT Legal
Open carry of holstered handguns is legal in PA at age 18 on foot; these folks though generally cannot possess a handgun in a vehicle at all.
There are a couple of exceptions...need to check the uniform firearms act but a sportsman permit may allow vehicle carry in some circumstances;
Better though is the provision at section 6106.b(13) which provides a pretty good way for those 18 or older to possess a parent or spouse's handgun in a vehicle (open or concealed) and then subsequently open carry that handgun when stepping outside the vehicle throughout the Commonwealth except for Philadelphia (requires LTCF to open carry on foot): "(13) Any person who is otherwise eligible to possess a firearm under this chapter and who is operating a motor vehicle which is registered in the person's name or the name of a spouse or parent and which contains a firearm for which a valid license has been issued pursuant to section 6109 to the spouse or parent owning the firearm."
Make sense?
-
Re: Minimun age for open carry
To start, I think PA needs to go the route of if you are legal to buy/own you are legal to carry and only have LTCF for reciprocity purposes. Probably not likely to happen in the near future though.
Now that said, the state of the law as it is today, if I had a child between 18 and 21 I would not recommend any form of Open Carry. There are just too many potential pitfalls that could end up with them not ever being able to get a LTCF or legally own guns in the future if they meet up with the wrong LEO/Prosecutor over one of the potential pitfalls.
It may seem a long 3 years from 18 to 21, but it is a lot more years from 21 to 70, 80, 90, whatever age most people live to. Granted there is a small possibility of something happening during those 3 years, but probably statistically greater chance over the course of an entire lifetime vs. those 3 years.
-
Re: Minimun age for open carry
Quote:
Originally Posted by
tl_3237
IANAL but I believe that the determination as to whether a firearm is concealed or not is if its presence would be obvious to a reasonably observant person.
I would tend to agree, however, if there's one thing I've learned since starting into this crazy, mixed-up world of carrying firearms some thirty years back, it's that common sense has no business being discussed in the same sentence as "the law".
The law, I'm sure, could easily re-define everything, even down to "knife", "fork", "cat", "dog", et al. When you start splitting hairs, common sense is too dull a knife.
-
Re: Minimun age for open carry
Here is the skinny on Concealment in Pennsylvania....
Concealment is not defined by statute in Pennsylvania so you have to look at the case law to determine what the courts will say as far as what is concealed and what is not. Here is the most relevant case law for the Commonwealth:
“Our interpretation of the statute under consideration is that the issue of concealment depends upon the particular circumstances present in each case, and is a question for the trier of fact.”
- Commonwealth v. Butler, 150 A.2d 172, 173 (Pa.Super. 1959).
Comm v. Williams
As he rounded the corner of Harlan onto 22nd Street he observed appellant firing a long-barrelled, jet black hand-gun at a fast-moving tan Cadillac. After the Cadillac turned a corner appellant then held the gun to his side and began to walk. Johnson proceeded to his automobile, which was parked on 22nd Street and drove to the corner where he stopped for a red light. At the corner Johnson saw appellant pull a gun, which was apparently the same gun he had seen appellant firing at the tan Cadillac. Appellant then walked over to the corner, about fifteen feet from Johnson, and began to spin the gun and toss it from one hand to the other. As the light turned green appellant stuck the gun in his belt, turned around and walked away.
“In the instant case there is no evidence whatsoever as to any attempt by appellant to conceal any weapon; and, therefore, we must conclude that the evidence was insufficient to sustain appellant's conviction as to Section 6106.”
- Commonwealth v. Williams, 346 A.2d 308, 310 (Pa.Super. 1975).
Testimony of two witnesses that they saw the actor pull from his waistband something that looked like a gun was sufficient to prove concealment. - Commonwealth v. Scott, 436 A.2d 607 (Pa. 1981).
Actor was directing traffic in a parking lot when an officer observed a firearm “in a holster at his waist,” evidence was sufficient to uphold concealment element. - Commonwealth v. Bavusa, 750 A.2d 855 (Pa. Super. 2000)
Both Scott and Bavusa cite to the Butler ruling from 1959.
Since we are talking about schools... Every DA is going to be different how he / she looks at the whole school zone issue. Some will totally reject the defense argument provided in 912 and some will accept it WHEN COMBINED with the LTCF requirement of USC 922.
18 Pa.C.S.A. § 912 – Possession of Weapon on School Property
A person commits a misdemeanor of the first degree if he possesses a weapon in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school.
Defense: It shall be a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose.
The Gun Free School Act of 1990
18 U.S.C. § 922(q)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) EXCEPT—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
-
Re: Minimun age for open carry
Quote:
Originally Posted by
Mike
Open carry of holstered handguns is legal in PA at age 18 on foot; these folks though generally cannot possess a handgun in a vehicle at all.
There are a couple of exceptions...need to check the uniform firearms act but a sportsman permit may allow vehicle carry in some circumstances;
Better though is the provision at section 6106.b(13) which provides a pretty good way for those 18 or older to possess a parent or spouse's handgun in a vehicle (open or concealed) and then subsequently open carry that handgun when stepping outside the vehicle throughout the Commonwealth except for Philadelphia (requires LTCF to open carry on foot): "(13) Any person who is otherwise eligible to possess a firearm under this chapter and who is operating a motor vehicle which is registered in the person's name or the name of a spouse or parent and which contains a firearm for which a valid license has been issued pursuant to section 6109 to the spouse or parent owning the firearm."
Make sense?
As long as no LEO notices her entering or leaving the car with the firearm.
-
Re: Minimun age for open carry
Quote:
Originally Posted by
Mike
Open carry of holstered handguns is legal in PA at age 18 on foot; these folks though generally cannot possess a handgun in a vehicle at all.
There are a couple of exceptions...need to check the uniform firearms act but a sportsman permit may allow vehicle carry in some circumstances;
Better though is the provision at section 6106.b(13) which provides a pretty good way for those 18 or older to possess a parent or spouse's handgun in a vehicle (open or concealed) and then subsequently open carry that handgun when stepping outside the vehicle throughout the Commonwealth except for Philadelphia (requires LTCF to open carry on foot): "(13) Any person who is otherwise eligible to possess a firearm under this chapter and who is operating a motor vehicle which is registered in the person's name or the name of a spouse or parent and which contains a firearm for which a valid license has been issued pursuant to section 6109 to the spouse or parent owning the firearm."
Make sense?
The question falls as to when is someone "OPERATING" a vehicle and the garnering the 6106(b)(13) exception [assuming all other conditions met]. There is no statutory definition of "operating" and hence the time period that the exception begins and ceases is nebulous.
A cursory review of court cases does provide a SCOPA definition which could readily be applied and would cause some misgivings as to the utility of the exception in the manner you suggest.
In Love v. City of Philadelphia, 543 A. 2d 531 - Pa: Supreme Court 1988 :
Quote:
As we have illustrated, to operate something means to actually put it in motion. Merely preparing to operate a vehicle, or acts taken at the cessation of operating a vehicle are not the same as actually operating that vehicle. Thus, according to the common and approved usage of the word "operation", the van was not in operation at the time of Mrs. Love's accident. Getting into or alighting from a vehicle are merely acts ancillary to the actual operation of that vehicle.
The issue then would be the status of the exception between the time the vehicle is parked with engine off and the driver begins his entrance or exit. He is still "in" the vehicle while not "operating" the vehicle and arguably falls to the 6106 proscription of "any person who carries a firearm in any vehicle " since the exception is no longer in effect.
I can find no case law that provides an application of 6106(b)(13) or that addresses the above conundrum even when the circumstances fit what the legislature probably intended by the exception.
-
Re: Minimun age for open carry
Quote:
Originally Posted by
donquixote1955
What's confusing for me isn't so much what the law says, but what it doesn't address that seems to be open to interpretation. I only used the example from AZ as a point of interest. To be specific, I asked a nephew, who's an AZ DPS Trooper, how one goes about open carry when it's cold outside and one is wearing a coat. He told me that so long as the handgun is carried in a holster on the belt, as opposed to being just stuck in the waistband or in a pocket, it's considered visible even if it's completely covered by a coat. I know this isn't the law here in PA, which is why I said it's merely a point of reference.
It also isn't the law in Arizona. Your nephew needs a refresher at the academy.
http://www.handgunlaw.us/states/arizona.pdf
Quote:
Originally Posted by Handgunlaw.us
Arizona has passed “Permitless Carry.” That means anyone who can legally own/purchase a firearm and is 21 or older can carry it concealed without any type of permit/license. This new law becomes effective July 29, 2010. Those who wish to carry in Arizona without a permit/license from AZ or any other state can not carry in the places listed in the “Places Off Limits Even With a Permit’ section below. Arizona did not remove other restrictions in their law when they passed Permitless Carry. If you choose to carry without a permit from Arizona or any other state you must also abide by the following restriction.
The old language in Arizona statute was that a concealed firearm is one that is "not in plain sight or easily visible." Essentially, that meant that Arizona was one of those states in which a concealed carrier had to worry about "printing." Since concealed carry is now legal with NO permit, there is effectively no need to distinguish between concealed and open carry.
.
-
Re: Minimun age for open carry
Quote:
Originally Posted by
Liketohike69
I spoke to the Sheriff in Pike County about this very issue. He told me he would bring my daughter up on charges, From what I've read he's wrong and putting legal 18 year's no way to decent themselves. I also asked him about a Sportsman's Firearms Permit to allow the carrying of a handgun while going to or from fishing and hunting. He said if I was there and within sight of my daughter it would be ok otherwise he would arrest her.
Pike County sucks as they do whatever they want to do. It's my understanding they stopped issuing carry permits to people from out of state. NOT Legal
I think the appropriate response would be "what charges"? Not in a snarky way, but sincerely. Exactly what law does he think she would be breaking?
-
Re: Minimun age for open carry
I did ask what my daughter would be charged with if she open carried at 18 years old. He said a felony, cime punishable by imprisonment in excess of one year. He also said that she would never be able to get a carry permit and since I her father gave her the guy I would also be charged. From what I've seem in the corts in Pike County it's the "Good old boys club" and you can forget about a real trial.
-
Re: Minimun age for open carry
Quote:
Originally Posted by
Liketohike69
I did ask what my daughter would be charged with if she open carried at 18 years old. He said a felony, cime punishable by imprisonment in excess of one year. He also said that she would never be able to get a carry permit and since I her father gave her the guy I would also be charged. From what I've seem in the corts in Pike County it's the "Good old boys club" and you can forget about a real trial.
He didn't actually answer the question then. "A felony" isn't a particular crime, it's a broad category of crimes composed of thousands of offenses.
In order to charge her with a crime he would have to cite a particular part of the crimes code she violated. Crimes have specific elements which the state must prove before someone can be convicted. If you want to press the issue you should ask exactly which statute she would be charged with violating.
-
Re: Minimun age for open carry
I was 12 years old the first time I open carried. I was also covered in orange with my Dad. Does that count?
-
Re: Minimun age for open carry
Without a LTCF your daughter should not be transporting a firearm to and from any location for the purpose of open carrying.
In PA you can only transport a firearm, without a LTCF, to and from residents owned by you/her, to and from a range and to and from a gun shop.
She should only be OC'ing at places she can get to on foot and shouldn't get into a vehicle.
Best regards,
Kobsw