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  1. #1
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    Default State park carry with out of state license?

    Going biking in lehigh gorge state park this weekend during a stay in jim thorpe. noticed this on the website

    "The only exception is that law enforcement officers and individuals with a valid Pennsylvania License to Carry Firearms may carry said firearm concealed on their person while they are within the park. "

    Does this mean if my license isnt a PA one, its not ok? Or did they just kinda throw the PA part in there? I have a FL CWP

  2. #2
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    Default Re: State park carry with out of state license?

    If you have a out of state license honored by PA than that license is "equivalent" to a PA license.

  3. #3
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    Default Re: State park carry with out of state license?

    Quote Originally Posted by mrjam2jab View Post
    If you have a out of state license honored by PA than that license is "equivalent" to a PA license.
    I disagree that a reciprocal license is strictly necessary for state park carry. The amended statute provides an exemption for "any licensee", so it might be possible to argue that like carry in a vehicle, ANY license will suffice.

    The above is my opinion, and NOT legal advice.
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    Default Re: State park carry with out of state license?

    Quote Originally Posted by gnbrotz View Post
    I disagree that a reciprocal license is strictly necessary for state park carry. The amended statute provides an exemption for "any licensee", so it might be possible to argue that like carry in a vehicle, ANY license will suffice.

    The above is my opinion, and NOT legal advice.
    So in your opinion, is the Federal Gun Free School Zone Act the only thing that explicitly requires a PA LTCF?

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    Default Re: State park carry with out of state license?

    Quote Originally Posted by gnbrotz View Post
    I disagree that a reciprocal license is strictly necessary for state park carry. The amended statute provides an exemption for "any licensee", so it might be possible to argue that like carry in a vehicle, ANY license will suffice.

    The above is my opinion, and NOT legal advice.
    The 'any license' would serve to qualify for the DNCR exception and 6106 for vehicular carry only.

    If it is also CC than a reciprocated license is required.

    Now if 'any licensee' was OCing in state parks and totally remained on the vehicle (bike) I think he technically would be legal both for DCNR regulation and 6106.

    ALL IMO
    IANAL

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    Default Re: State park carry with out of state license?

    Quote Originally Posted by anonymouse View Post
    So in your opinion, is the Federal Gun Free School Zone Act the only thing that explicitly requires a PA LTCF?
    Yes.

    567890
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  7. #7
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    Default Re: State park carry with out of state license?

    Quote Originally Posted by tl_3237 View Post
    The 'any license' would serve to qualify for the DNCR exception and 6106 for vehicular carry only.

    If it is also CC than a reciprocated license is required.

    Now if 'any licensee' was OCing in state parks and totally remained on the vehicle (bike) I think he technically would be legal both for DCNR regulation and 6106.

    ALL IMO
    DCNR does not permit OC in state parks, so even on a bike, I don't agree with your assertion.

    Also, I would argue that 6106(a)(1) and 6109(m.2) are in conflict with each other, and 6109(m.2) could be raised as a possible defense if one were charged for CC in a state park on a non-reciprocal license.

    I'd love to hear an attorney's take on this, as admittedly, I am not one, nor have I ever played one on TV. I'm even pretty sure that I've never stayed at a Holiday Inn Express either.
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    Default Re: State park carry with out of state license?

    Quote Originally Posted by gnbrotz View Post
    DCNR does not permit OC in state parks, so even on a bike, I don't agree with your assertion.

    I'm only addressing the OP's scenario in the state park with a license from other than Pa.

    Assuming a non-Philadelphia scenario here's how I got to my conclusion:

    DNCR does not permit any carry (OC/CC) " except in the owner’s building on a leased campsite, in the owner’s residence, or in the owner’s vehicle or trailer" (017 Pa Code 11.215(4));

    6019(m.2) abrogates that code when the firearm is "concealed on or about one's person OR in a vehicle" and the carrier is 'any licensee';

    Then 'any licensee' totally in (on) a vehicle in a state park and OCing would enjoy the exemption provided in 6019(m.2) which annuls 017 Pa Code 11.215(4). Furthermore since he is OC in (on) a vehicle he enjoys the exception from 6106(a) via 6106(b)(11). In summary under these circumstances, the DCNR regulation is annulled and 6106 (vehicle carry) is excepted - what law is he violating?

    If he dismounts while OC (the degree of dismount is arguable) then 6109(m.2) becomes impotent because he is neither vehicular nor concealed carrying (a pre-requisite of the (m.2) subsection - " carried as provided in subsection (a)"), the DCNR's regulation is revived and he is in violation of it but not 6106 since he is OC outside a vehicle;


    If he has a reciprocated license and CCs the reg is annulled by (m.2) and 6106(a) is excepted by (b)(15) regardless of his vehicle status.

    Quote Originally Posted by gnbrotz View Post
    Also, I would argue that 6106(a)(1) and 6109(m.2) are in conflict with each other, and 6109(m.2) could be raised as a possible defense if one were charged for CC in a state park on a non-reciprocal license.
    6109(m.2) only provides relief from the DNCR regulation - not sister section 6106. IMO CC on a non-reciprocated license is a 6106(a) violation everywhere in the Commonwealth, state parks included.


    Quote Originally Posted by gnbrotz View Post

    I'd love to hear an attorney's take on this, as admittedly, I am not one, nor have I ever played one on TV. I'm even pretty sure that I've never stayed at a Holiday Inn Express either.

    Me too as to the wants and disclaimers above
    Last edited by tl_3237; July 15th, 2010 at 08:43 AM.
    IANAL

  9. #9
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    Default Re: State park carry with out of state license?

    To clarify, i would be CCing

    Thanks!

  10. #10
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    Default Re: State park carry with out of state license?

    Hope you have a legitimate exemption to transport your handgun through NJ.

    It seems many have Fl non res permits, but fail to consider their travel through their own state. It's an important issue to consider.

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