applying for PA carry license (LTCF)

[GoldWinger]

Hmmmm .. . . a question regarding Florida permits. I thought that Pennsylvania had some rule regarding out of state permits only be considered valid if the bearer was not a resident of Pennsylvania. Okay, that's not a question, that's a statement.

As I recall, the rationale was that if you couldn't get a Pa. permit, they didn't want you going elsewhere to get one.

Is my memory correct? I was in Maryland for about 20 years so I never had to worry about carrying since we couldn't.

[LittleRedToyota]

Hmmmm .. . . a question regarding Florida permits. I thought that Pennsylvania had some rule regarding out of state permits only be considered valid if the bearer was not a resident of Pennsylvania. Okay, that's not a question, that's a statement.

that may have been the case at some point, but it is not the case now.

the state attorney general, tom corbett, actually has a statement on his website clarifying that:

from: http://www.attorneygeneral.gov/crime.aspx?id=184

Note: It has come to the attention of the Office of Attorney General that there has been confusion over the applicability of Pennsylvania's reciprocal privileges with regard to the residency status of an individual who has been issued a valid license/permit. It is the position of the Office of Attorney General that recognition within Pennsylvania is based on the issuance to an individual of a valid license/permit by the reciprocal contracting state, and not on the license/permit holder's place of residence.

P.S. vote for corbett for governor...he is a real friend of gunowners.

[PittsburghLawyer]

First time visitor here. I am a lawyer, but I am not an expert on gun laws. I can add some thoughts on the law of carrying in state parks though.

The issue on whether or not the regulation is valid will turn on two questions: 1) was the regulation within the powers of the DCNR as enabled by the legislature, i.e. is it within the nature of regulations that the DCNR was enpowered by statute to promulgate....that answer will almost certainly be "yes", and 2) whether or not the crimes code was intended to pre-empt the carry laws and regulations by other departments on the same subject.

As an examle, there was an appellate case challenging a township ordinance that created additional restrictions on hunting in township parks (longer safety zone, e.g.). The statue was struck down by the appellate court finding that the Game Laws were pre-emptive on the subject of hunting regulations.

On this particualr issue, there will be significant arguments on both sides. The issue of pre-emption has its own multi-factor test for the court to consider. Without a lot of legal research, I wouldn't want to predict the outcome. If forced to "guess", I would give the gun carriers the slight upper hand.

As is so often the case, unless you want to pay the considerable cash to defend your legal position, even though you may be vindicated, I would steer clear of firemarms in state and county parks. Leave challenging this regulation to one of the groups like Open Carry that are specifically funding test cases that they deem significant. It will not likely be a simple matter of explaining the gun laws to the prosecutor and having the case dismissed.

[gnbrotz]

As an examle, there was an appellate case challenging a township ordinance that created additional restrictions on hunting in township parks (longer safety zone, e.g.). The statue was struck down by the appellate court finding that the Game Laws were pre-emptive on the subject of hunting regulations.

Northampton v. Duff?

As is so often the case, unless you want to pay the considerable cash to defend your legal position, even though you may be vindicated, I would steer clear of firemarms in state and county parks.

Why county parks? Counties are specifically mentioned in §6120 - preemption applies to them. Further, the legislature itself has just recently limited the scope of DCNR's authority and specifically allowed concealed firearms to be carried in state parks by licensees. (§6109(m.2))

Leave challenging this regulation to one of the groups like Open Carry that are specifically funding test cases that they deem significant.

Neither PAFOA nor OpenCarry.org fund these types of cases as an organization, but there is a core group of us who are members here and/or there who have either funded and/or been litigants in firearms specific cases already. Many of us are the group you speak of.

Welcome to PAFOA! We can always use more first-hand insight into how the courts system actually works as opposed to how many expect it to.

[PittsburghLawyer]

===GNBrotz
Northampton v Duff is one and there are others (e.g. Wolfe v. Township of Salisbury)

you are right on the recent change to the gun laws specifically voiding DCNR regulations - I was unaware of the change---

County Parks I would have to research more - you are likely right but need to know if the County Parks are operated by a separate political subdivision or by the County itself (and the County Police) - if by the County itself, you are right again

this is a great site... wish I had stumbled across it a few years ago; found more answers here in a few hours of browsing than any other resource

[Statkowski]

PittsburghLawyer, as you stated in your introduction, gun law is not your area of expertise. Here, on this website, you will learn Pennsylvania gun law, as all of us do to one degree or another. Welcome aboard.

Concerning county parks, trust me, they are fair game for preemption. Been there, done that. In my county's case, all it took was a letter to the county commissioners to resolve the issue. In other counties, however, it takes more of a battle, but it's a winnable battle.

[Proud Owner]

need help! 11 years ago my son's mother filed a false protection from abuse order on me in hopeing that would keep me from my son. my lawyer told me to plead no contest, meaning i dont admit to the abuse but ill follow the order, he told me id never win if i fought it. so in other words i wasnt convicted of it and no order was made to were i would have to give up my firearms and nothing saying i couldnt buy any. i just bought a handgun tuesday just fine. any ways she had me falsley arrested a couple of times but ended up dropping all of them due to me hiring a P.I. to prove my innocents. anyways all this was 10 or 11 years ago. i read and read the prohibiting conditions over and over, cant figure it out. is this going to have any affect on me getting my LTCF that i applied for this past wed in erie county? any knowlegde would be greatly appreciated.

[legendarylorot]

Given your description, you haven't been convicted of anything, so legally you've committed no crime. I myself have had false allegations of kidnapping (my mother in law called the police when my wife moved out of her house) and I got my LTCF on the spot (literally 10 minutes to fill out the form and laminate the card).

[lee___radio]

what are the steps to obtaining a license to carry? i'm going to ask my local gun shop but any tips would be great too.

[luc.who]

what are the steps to obtaining a license to carry? i'm going to ask my local gun shop but any tips would be great too.

Go to your local sheriffs office. 25 check and they run the background checks while you are there. You will leave with your permit.