kinda loaded long gun in car Question

[steviesterno]

Alright, So i was reading the laws and I know that you can't keep a loaded long gun (rifle/shotgun) in the car with you. You can keep a pistol/legal SBR in your car if you have a LTCF correct?

I'm thinking about keeping a shotgun in the trunk. Now if I have shells in a side saddle or speed feed stock, is that ok? None in the tube or the pipe, and it's a regular 18.2 inch barrel pump.

My interpretation is that the gun isn't loaded. I keep hearing about a "separate container" but don't see it in the law. plus i would argue that a round in a side saddle is not, in fact, loaded in the gun.

ANy ideas? Mods please move if this is in the wrong place.

Steviesterno

[Hawk]

Look here:

http://forum.pafoa.org/shotguns-43/1...long-guns.html

It's my own personal opinion that keeping a gun in the trunk of your car (for self defense purposes while in your vehicle) is not typically a practical idea. I'm assuming that's your purpose?

[steviesterno]

its not for SD while in the car... it's in case it's needed for while I'm near the car... like at work I'm about 20 feet from my car but we prefer no guns in the office (kids running around and I do physical work). Plus I like the idea for having something to fight my way back to.

just wondering if and how it's legal. probably not worried about it for a while since my SIDESADDLE BROKE OFF AND CUT MY EAR today at the range. i'm pissed. looks like it's going to cabelas for a refund!

[headcase]

Alright, So i was reading the laws and I know that you can't keep a loaded long gun (rifle/shotgun) in the car with you. You can keep a pistol/legal SBR in your car if you have a LTCF correct?

I'm thinking about keeping a shotgun in the trunk. Now if I have shells in a side saddle or speed feed stock, is that ok? None in the tube or the pipe, and it's a regular 18.2 inch barrel pump.

My interpretation is that the gun isn't loaded. I keep hearing about a "separate container" but don't see it in the law. plus i would argue that a round in a side saddle is not, in fact, loaded in the gun.

ANy ideas? Mods please move if this is in the wrong place.

Steviesterno

If 6102 is the controlling definition, then unless the shotgun takes a detachable magazine, it is not loaded if there are no rounds in it. I don't know if there is a different definition associated with guns not considered to be firearms by the definition of firearms in 6102. Never had occasion to look...

BTW, the separate container thing applies to detachable magazines that have ammo in them, and are kept in the same compartment of the container the firearm is in, not firearms that use other than detachable magazines...

[paemt]

DISREGARD THIS!! I was educated in PA law!

[headcase]

misinformation removed by poster

[paemt]

Dude, please delete that entire pile of FAIL. It is so wrong my head almost exploded...

I can't see why but if you can explain why I will happily remove it.

[GunLawyer001]

I can't see why but if you can explain why I will happily remove it.

The whole topic was covered in the thread at the link in Post #2.

What Headcase is gently suggesting is that you can't "skim" a statute, you have to look at the referenced sections to see how limited an exception or a re-definition is. For example, the license pursuant to 6109(f)(3) only applies to soldiers:
(3) Notwithstanding paragraph (1) or any other provision of law to the contrary, a license to carry a firearm that is held by a member of the United States Armed Forces or the Pennsylvania National Guard on Federal active duty and deployed overseas that is scheduled to expire during the period of deployment shall be extended until 90 days after the end of the deployment.


The broad re-definition of "firearm" only applies to the specific listed exceptions, and not to the other exceptions, and not to the elements of the crime at all.

[headcase]

I can't see why but if you can explain why I will happily remove it.

18 Pa.C.S. § 6106.1: Carrying loaded weapons other than firearms
(a) General rule.-- Except as provided in Title 34 (relating to game), no person shall carry a loaded pistol, revolver, shotgun or rifle, other than a firearm as defined in section 6102 (relating to definitions), in any vehicle. The provisions of this section shall not apply to persons excepted from the requirement of a license to carry firearms under section 6106(b)(1), (2), (5) or (6) (relating to firearms not to be carried without a license) nor shall the provisions of this section be construed to permit persons to carry firearms in a vehicle where such conduct is prohibited by section 6106.
(b) Penalty.--A person who violates the provisions of this section commits a summary offense.

Relates to the carry of firearms in a vehicle that are not defined as firearms in 6102.

You post a link to 6106, that has nothing to do with the op's topic.

The definition of firearm is located in 6102, as is the definition of what constitutes a loaded firearm, and that is the only definition of firearm that is to be used when looking at any statute in 61, unless the specific statute, or subsection of the statute, specifically defines a firearm as something else.

You are having someone knowledgeable look it over???

Maybe you read the op wrong. Maybe you just actually thought you knew what you were talking about. The fact is the post is wrong, and you are putting it forth as if it is the right information. It is not.

So, again, please delete that pile of fail.

[paemt]

Thank you for checking it out Gunlawyer! Rep in-coming!

Yes, Headcase, I asked someone knowledgeable in this to review my post...I trust him and assumed you would also.

I was wrong. I think this has happened once before between you and I Headcase. I will say I am not wrong often because I usually don't post unless I am certain. I do however always want the correct info out there and will happily admit that I am not ALWAYS the best source.

Sincerely

Paemt