Pennsylvania Firearm Owners Association
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  1. #11
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    Default Re: Carrying During State of Emergency - Question

    Quote Originally Posted by ErSwnn View Post
    Keep in mind a state of emergency can also include storms and natural disasters, not just civil unrest. Of course, civil unrest may be part of the aftermath of a natural disaster.
    Sorry i was thinking more like civil unrest...lol although like you said it can follow natural disaster.A keltec su-16 c would be great for this scenario.they should make a toughened up version.
    Gott mit uns

  2. #12
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    Default Re: Carrying During State of Emergency - Question

    Active self-defense allows for a "justification" or "necessity" excuse, which allows one to override a lot of laws. That by itself would be enough to allow possession of a firearm, if you're out in front of your house repelling rioters.

    Having a license is a second, independent basis.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  3. #13
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    Leader Heights, Pennsylvania
    (York County)
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    Default Re: Carrying During State of Emergency - Question

    Wouldn't the law passed by the feds after Katrina that disallows the taking of firearms by state and local authorities during such emergencies trump this?
    " The Seeds of Oppression Will One Day Bear The Fruit of Rebellion."

  4. #14
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    Default Re: Carrying During State of Emergency - Question

    Quote Originally Posted by tes151 View Post
    Wouldn't the law passed by the feds after Katrina that disallows the taking of firearms by state and local authorities during such emergencies trump this?
    PA passed similar legislation at the state level prohibiting confiscation, but that simply means you can own/possess in your residence/place of business. It doesn't speak to actively "carrying" at all, so technically, without the statutory provisions, the government could ban carry during a declared emergency. I see it as more of a protection for us than a restriction, though there shouldn't be any question that such behavior is normal, and the law shouldn't have to speak to it at all.
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  5. #15
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    Default Re: Carrying During State of Emergency - Question

    So we believe that generally you would be able to carry your pistol during an emergency. But if that includes civil unrest I will go with what someone else said: You will want more than that.

    Would that exception also include long guns?
    Millions for defense, Not one cent for tribute!

  6. #16
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    Default Re: Carrying During State of Emergency - Question

    Quote Originally Posted by YllwFvr View Post
    So we believe that generally you would be able to carry your pistol during an emergency. But if that includes civil unrest I will go with what someone else said: You will want more than that.

    Would that exception also include long guns?
    I would say technically not. Since there is no definition of "firearm" within this section, I would think the applicable definition would default to the one provided in 6102, which does not include long guns. Though, I'm not convinced that most LEOs are knowledgeable enough on the finer points of firearm law to make that distinction.
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  7. #17
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    Default Re: Carrying During State of Emergency - Question

    Quote Originally Posted by gnbrotz View Post
    I would say technically not. Since there is no definition of "firearm" within this section, I would think the applicable definition would default to the one provided in 6102, which does not include long guns. Though, I'm not convinced that most LEOs are knowledgeable enough on the finer points of firearm law to make that distinction.
    The statute was amended a couple of times, and now includes the prohibition on seizures, and in addition re-defines "firearm" for purposes of 6107, to include all bullet-spitters.

    From Westlaw, the "unofficial" site for PA statutes:

    § 6107. Prohibited conduct during emergency


    (a) General rule.--No person shall carry a firearm upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:

    (1) Actively engaged in a defense of that person's life or property from peril or threat.
    (2) Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).

    (b) Seizure, taking and confiscation.--Except as otherwise provided under subsection (a) and notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any other provision of law to the contrary, no firearm, accessory or ammunition may be seized, taken or confiscated during an emergency unless the seizure, taking or confiscation would be authorized absent the emergency.


    (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:


    "Accessory." Any scope, sight, bipod, sling, light, magazine, clip or other related item that is attached to or necessary for the operation of a firearm.


    "Firearm." The term includes any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any weapon.

    CREDIT(S)

    1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973. Amended 1995, June 13, P.L. 1024, No. 17 (Spec. Sess. No. 1), § 2, effective in 120 days; 2008, Oct. 17, P.L. 1628, No. 131, § 3, effective in 60 days [Dec. 16, 2008].

    HISTORICAL AND STATUTORY NOTES

    2000 Main Volume

    Act 1995-17 (SS1) legislation

    The 1995 amendment substituted "State or municipal" for "Municipal or State"; in cl. (1), substituted "that person's" for "his"; and, in cl. (2) following section references in two places, deleted "of this title".

    2010 Electronic Pocket Part Update

    Act 2008-131 legislation

    Act 2008-131, § 3, designated the existing text as subsec. (a) and therein deleted ", rifle or shotgun" following "carry a firearm"; and added subsecs. (b) and (c).

    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  8. #18
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    Default Re: Carrying During State of Emergency - Question

    Quote Originally Posted by GunLawyer001 View Post
    The statute was amended a couple of times, and now includes the prohibition on seizures, and in addition re-defines "firearm" for purposes of 6107, to include all bullet-spitters.

    From Westlaw, the "unofficial" site for PA statutes:
    Thanks for the updated info!
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  9. #19
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    Default Re: Carrying During State of Emergency - Question

    Oh hell yes!

    Gunlawyer... I think....


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