Non-Resident Vehicle Carry in PA

[kwc]

I've been asked if a non-resident can carry in a vehicle with a permit/license to carry from another state. Is Category 2 reciprocity required or will any permit from another state suffice?

There are two sections in the statute that address this: 18 Pa.C.S.A.6106(b)(11) and 18 Pa.C.S.A.6106(b)(15).

The latter (paragraph 15) specifically cites criteria that includes a small number of states from which a non-resident licensee may vehicle-carry in PA. That list is posted in the Category 2 reciprocity list.

The former (paragraph 11) allows carry of a firearm in a vehicle if a 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." Is a "license for that firearm..." the same thing as a license to carry? If so, why do both of these paragraphs exist?

[libra8]

You can carry in your vehicle with a CCW from any state. It can be on your person in the console or glovebox. Once at your destination you can OC your firearm. Also, PA is NOT a must inform state.

[kwc]

So "license for that firearm" means "carry license"? I believe (and want to believe) that is true but would like to know if this is interpreted anywhere in case law, documentation from the AG, etc.

[tl_3237]

I've been asked if a non-resident can carry in a vehicle with a permit/license to carry from another state. Is Category 2 reciprocity required or will any permit from another state suffice?

There are two sections in the statute that address this: 18 Pa.C.S.A.6106(b)(11) and 18 Pa.C.S.A.6106(b)(15).

The latter (paragraph 15) specifically cites criteria that includes a small number of states from which a non-resident licensee may vehicle-carry in PA. That list is posted in the Category 2 reciprocity list.

The former (paragraph 11) allows carry of a firearm in a vehicle if a 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." Is a "license for that firearm..." the same thing as a license to carry? If so, why do both of these paragraphs exist?

They are somewhat different in their scope of application...

Assuming a non-Pa resident:


Under (b)(11), licensure by any state, reciprocated* or not, provides an exemption WHILE IN A VEHICLE. Once you alight from that vehicle, the exemption would end thereby precluding concealed carry thereafter.

Under (b)(15), licensure by a state qualified by the Pa AG ( = cat 2) provides an exemption BOTH in and out of a vehicle. Once you alight from a vehicle the exemption continues and includes not only open carry but also concealed carry.

Another way to look at it is that a license from any state provides exemption to 6106's proscriptions but ONLY while in a vehicle; a license from a reciprocated* state provides an exemption to 6106's proscriptions both in and out of a vehicle.


* [under (b)(15) = cat 2 OR 6109(k) = cat 1]

§ 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.

[flyingjunkie]

You can carry in your vehicle with a CCW from any state. It can be on your person in the console or glovebox. Once at your destination you can OC your firearm. Also, PA is NOT a must inform state.

^^^This^^^

But one thing to keep in mind if you're going to travel this avenue is that having another state's permit does not exempt you from GFSZA, so you have to be careful navigating the seemingly millions of schools (especially in the bigger cities) we have in this state to stay outside the 1000ft mark.

[tl_3237]

So "license for that firearm" means "carry license"? I believe (and want to believe) that is true but would like to know if this is interpreted anywhere in case law, documentation from the AG, etc.

Pa does not issue carry licenses particular to a specific firearm. Although I'm unaware of any case law, the term "for that firearm" would be interpreted as a class of firearm. So, presuming you are carrying a handgun, then your license must allow you to carry a handgun. In Pa then you could carry ANY handgun that you legally possess.

[ungawa]

^^^This^^^

But one thing to keep in mind if you're going to travel this avenue is that having another state's permit does not exempt you from GFSZA, so you have to be careful navigating the seemingly millions of schools (especially in the bigger cities) we have in this state to stay outside the 1000ft mark.

This is a real law, with real teeth, but I think the risk is low. And I am not a lawyer. Asking around over the years it seems PA cops would by and large not enforce this federal law (like most federal laws) and most are not even aware of it.

When I am out of state I avoid schools when I see them but I don't pre-plan a route to avoid them. If I were to visit a state routinely I would try to get their license for this and other reasons.

[donm]

But one thing to keep in mind if you're going to travel this avenue is that having another state's permit does not exempt you from GFSZA, so you have to be careful navigating the seemingly millions of schools (especially in the bigger cities) we have in this state to stay outside the 1000ft mark.

You'll have to be more than "careful." Here is the GFSZ map for Cleveland.. Good luck!

[kwc]

They are somewhat different in their scope of application...

Assuming a non-Pa resident:


Under (b)(11), licensure by any state, reciprocated* or not, provides an exemption WHILE IN A VEHICLE. Once you alight from that vehicle, the exemption would end thereby precluding concealed carry thereafter.

Under (b)(15), licensure by a state qualified by the Pa AG ( = cat 2) provides an exemption BOTH in and out of a vehicle. Once you alight from a vehicle the exemption continues and includes not only open carry but also concealed carry.

Another way to look at it is that a license from any state provides exemption to 6106's proscriptions but ONLY while in a vehicle; a license from a reciprocated* state provides an exemption to 6106's proscriptions both in and out of a vehicle.


* [under (b)(15) = cat 2 OR 6109(k) = cat 1]

This is very helpful and answers my question. I reread the statute, aligned the right subparagraphs in the appropriate section, and see the source of my misunderstanding.

Thank you!