Few Questions about Concealed/Open Carry

[etep513]

Hi, I've been doing research into open carry laws and there are a few things that I have not been able to find. I figured that I would ask here, since there are people who are very familiar with the laws. My questions are

1. Is it legal to open carry a loaded rifle without an LTCF? Let's just say that you are walking down the street (not on Philadelphia, since I know for sure that you need an LTCF) and you have a loaded rifle slung around your shoulder. Is that legal? Or does Pennsylvania permit open carry only for handguns?

2. Does a bicycle count as a "vehicle" with respect to carry laws? Can you legally open carry and ride a bike (w/o an LTCF)? Or do you have to have an LTCF in order to open carry and go for a bike ride at the same time?

3. Is it legal to do concealed carry on your own private property without an LTCF? I know that you need an LTCF for concealed carry out in the open. But can you legally conceal carry on your land w/o having to get an LTCF?

4. Can 18 year olds legally open carry pistols that were gifted to them? I'm pretty sure this one is a yes, but I just want to double check.

This is all I want to know. I greatly appreciate any help I get. Thanks in advance.

[fingers80002]

Hi, I've been doing research into open carry laws and there are a few things that I have not been able to find. I figured that I would ask here, since there are people who are very familiar with the laws. My questions are

1. Is it legal to open carry a loaded rifle without an LTCF? Let's just say that you are walking down the street (not on Philadelphia, since I know for sure that you need an LTCF) and you have a loaded rifle slung around your shoulder. Is that legal? Or does Pennsylvania permit open carry only for handguns?
Yes, but why? LTCF applies to firearms....

2. Does a bicycle count as a "vehicle" with respect to carry laws? Can you legally open carry and ride a bike (w/o an LTCF)? Or do you have to have an LTCF in order to open carry and go for a bike ride at the same time?

3. Is it legal to do concealed carry on your own private property without an LTCF? I know that you need an LTCF for concealed carry out in the open. But can you legally conceal carry on your land w/o having to get an LTCF?

No, only IN your abode.......

4. Can 18 year olds legally open carry pistols that were gifted to them? I'm pretty sure this one is a yes, but I just want to double check.

Yes, on foot, only....

This is all I want to know. I greatly appreciate any help I get. Thanks in advance.

My responses, in Blue....

[zackattack784]

As far as #2 is concerned I believe it does count as a vehicle therefore a LTCF would be needed. Perhaps another member could confirm?

[JayBell]

as always, specific legal questions about LTCF or OC or CC should be posted in the "Concealed and open carry" section.

this sticky is found there

http://forum.pafoa.org/concealed-ope...nsylvania.html

[andrewjs18]

as always, specific legal questions about LTCF or OC or CC should be posted in the "Concealed and open carry" section.

this sticky is found there

http://forum.pafoa.org/concealed-ope...nsylvania.html

this should probably be moved then..it could be useful for someone else with similar questions.

[SteveinNEPA]

My answers in BOLD

1. Is it legal to open carry a loaded rifle without an LTCF? Let's just say that you are walking down the street (not on Philadelphia, since I know for sure that you need an LTCF) and you have a loaded rifle slung around your shoulder. Is that legal? Or does Pennsylvania permit open carry only for handguns?
Im not sure about this one. I will say that doing so if it IS in fact legal, COULD draw some pretty bad and unwanted attention from LE, but thats just my opinion

2. Does a bicycle count as a "vehicle" with respect to carry laws? Can you legally open carry and ride a bike (w/o an LTCF)? Or do you have to have an LTCF in order to open carry and go for a bike ride at the same time?
YES a bicycle counts as a vehicle due to the fact that a vehicle is defined (Ill paraphrase this one) as a conveyance upon which a person rides/operates. So no, you may NOT open carry while on a bicycle without an LTCF

3. Is it legal to do concealed carry on your own private property without an LTCF? I know that you need an LTCF for concealed carry out in the open. But can you legally conceal carry on your land w/o having to get an LTCF?
No. You can only carry concealed INSIDE your abode or FIXED PLACE OF BUSINESS without an LTCF


4. Can 18 year olds legally open carry pistols that were gifted to them? I'm pretty sure this one is a yes, but I just want to double check.
Yes, but they can only carry on foot and are not able to carry in a city of the first class (Philadelphia)

I suggest as others have, to check out the sticky on this subject.

[donm]

1. Is it legal to open carry a loaded rifle without an LTCF? Let's just say that you are walking down the street (not on Philadelphia, since I know for sure that you need an LTCF) and you have a loaded rifle slung around your shoulder. Is that legal? Or does Pennsylvania permit open carry only for handguns?

As far as the gun laws go, you'd be OK. But depending on the circumstances, it can be considered illegal hunting.

Sec. 2301. Prima facie evidence of hunting.

(a) General rule. - For the purpose of this title, any one of the following acts shall constitute prima facie evidence of hunting:

(1) Possession of any firearm, bow and arrow, raptor, trap or other device of any description usable for the purpose of hunting or taking game or wildlife.

(2) Possession of the carcass or any part or parts of any game or wildlife.

(3) Pursuing game or wildlife in any manner prohibited by this title or commission regulation.

[rikilii]

YES a bicycle counts as a vehicle due to the fact that a vehicle is defined (Ill paraphrase this one) as a conveyance upon which a person rides/operates. So no, you may NOT open carry while on a bicycle without an LTCF

Perhaps there is caselaw on this that interprets the law one way or another, but I would take issue with the semantic interpretation.

First, as far as I could find through a quick search through the code, the term "vehicle" is not actually defined in the UFA.

Second, and more importantly, the code says that you may not carry a loaded firearm "IN" a vehicle. It is not possible to get INTO a bicycle, or a motorcycle for that matter. Considering the fact that the "purpose" for the restriction is likely to be similar to the restriction on concealed carry (i.e. someone decided it's generally "bad" for people to have non-visible firearms within arms reach while out in public), this actually makes a lot of sense.

But, as I said, why hang your hat on semantics when you can get an LTCF so easily?

[tl_3237]

Perhaps there is caselaw on this that interprets the law one way or another, but I would take issue with the semantic interpretation.

First, as far as I could find through a quick search through the code, the term "vehicle" is not actually defined in the UFA.

Second, and more importantly, the code says that you may not carry a loaded firearm "IN" a vehicle. It is not possible to get INTO a bicycle, or a motorcycle for that matter. Considering the fact that the "purpose" for the restriction is likely to be similar to the restriction on concealed carry (i.e. someone decided it's generally "bad" for people to have non-visible firearms within arms reach while out in public), this actually makes a lot of sense.

But, as I said, why hang your hat on semantics when you can get an LTCF so easily?

Your correct that there is no case law, at least that I'm aware of.

The definition for the UFA is found in:

1 Pa.C.S.A. § 1991
"Vehicle." A conveyance in or on which persons or property may be carried.

The issue on 'in' has been argued in many previous threads. Again there nothing dispositive for lack of case law but the final forum concensus seems to be that the 'in' includes open vehicles such as motorcycles or bikes.

[scott_hess556]

in the state of pa, anything in wich you must operate is considered a vehicle. skateboard, horse or lawn mower, ect.