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June 17th, 2009, 04:01 PM #241
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August 31st, 2009, 12:24 PM #242Junior Member
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Lake Lure,
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Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania
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August 31st, 2009, 12:36 PM #243
Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania
You must have a license issued by the state in which the school is located. So, you would need a PA license to be within 1000ft of a PA school. Same as if a PA resident was near a school in NC, we would need a NC license. The ATF is the agency that enforces that section, and they have given a open letter stating as I have explained.
There are exemptions though for those transporting for certain activities and under FOPA. And fortunately, that law is loosely enforced. The only few examples I could find were when the law was prosecuting someone for some other infraction like dealing drugs or or other bad activities.
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August 31st, 2009, 12:50 PM #244Grand Member
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Pittsburgh,
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Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania
an interesting read on the constitutionality of the "revised" (not actually substantively revised at all) GFSZA for those who might be interested:
http://www.law.duke.edu/shell/cite.p...+L.+J.+637+pdfF*S=k
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August 31st, 2009, 01:23 PM #245
Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania
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August 31st, 2009, 02:23 PM #246Grand Member
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Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania
well, if you are in the state you live in...assuming you have a carry permit/license from your home state...the GFSZA doesn't apply to you anyway.
so, again assuming you have a carry permit/license from your home state, the whole discussion is only relevant if you are in a different state--which most likely means you will have brought the gun with you across state lines. of course, carrying a gun across state lines isn't really "commerce among the several states", but the new version has never gotten to SCOTUS, so we don't really know how they would rule.
if i remember correctly, there is actually conflicting case law on the circuit court level regarding the new version. i think one circuit (correctly, imho) ruled that it was still unconstitutional and another circuit (incorrectly, imho) ruled that it as constitutional.
gunlawyer or peteg or some other lawyer on this forum posted references to the two cases once long ago. i believe in both those cases, the GFSZA violation was really just a side issue, though. i don't think there has yet been a clean case of someone who was not otherwise doing anything illegal being arrested just for violating the GFSZA since the new version was passed and my guess is there never will be as not many local/state LEOs are really out looking to enforce federal laws, federal prosecutors typically have bigger fish to fry, and i doubt any federal prosecutor is likely to want to be the one to get it struck down...but, who knows...
i will say i pay absolutely no attention the GFSZA (it is clearly unconstitutional even if the courts ultimately do say otherwise...and, so, f' 'em). if i am in another state where i am allowed by that states laws to carry within 1,000 feet of a school, i do. if i ever do get busted (which is highly unlikely since i carry concealed), i'll be forced to appeal it as high as the courts will take the case.
i'd be mildly suprised if SCOTUS ruled differently from how it did on the first version anyway. doing so would basically be saying to congress, "OK, anytime we find any laws you pass unconstitutional, all you have to do is add a sentence at the beginning saying that you think the commerce clause gives you the authority to do it, and then we will find the law constitutional." i doubt SCOTUS is going to want to neuter itself like that, but who knows--as i said, i would only be mildly surprised given that SCOTUS has definitely shown the ability to completely ignore what the constitution actually says as well as rational logic.
but, ultimately, this whole issue is still in "who knows?" land...F*S=k
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September 2nd, 2009, 05:13 AM #247
Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania
Hey, sorry if this has been asked before =( But heck if I'm gonna go through 25 pages to see.
Is an SBR considered a "Long gun"? If not, then what are the legalities concerning SBRs and concealed, open, and most particularly, vehicle carry?
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September 2nd, 2009, 07:29 AM #248
Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania
A SBR, SBS, and nearly all AOW's fall within the dimensions of a "firearm" under PA law. They are covered by by your LTCF and are regulated just the same as a handgun under the scope of carrying and transporting = which means, you need a license to carry them concealed and transport them in a vehicle.
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September 2nd, 2009, 07:54 AM #249
Re: READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania
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September 2nd, 2009, 10:34 AM #250
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