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Thread: OC residence?
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August 8th, 2010, 12:44 PM #1Senior Member
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OC residence?
Do you have to be a resident of PA to open carry in PA? Does it apply to rifles also?
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August 8th, 2010, 12:46 PM #2
Re: OC residence?
No and yes.
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August 8th, 2010, 12:50 PM #3Senior Member
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Re: OC residence?
So my brother from MD, can oc here legally. Correct?
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August 8th, 2010, 12:52 PM #4
Re: OC residence?
Not necessarily. Where's he going to get the gun?
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August 8th, 2010, 02:14 PM #5
Re: OC residence?
maybe.
If he has his own gun, then he may OC on foot here (except in Philly, obviously). HOWEVER, he may not carry in/on a vehicle unless he possesses a MD CCW, which is unlikely. This means he has to walk everywhere, or leave the gun at home.
If he does NOT bring his own gun, he can not legally borrow one from you unless he has a LTCF, (or reciprocal, I think, but not sure on that) which makes the whole question moot anyway.ONE TO THE HEAD!!!!
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August 8th, 2010, 02:45 PM #6
Re: OC residence?
Your brother woud have two issues to contend with regarding where he obtains the gun to carry in Pa.
1. MD Criminal Statutes 4-203 does not allow for transport by vehicle of handguns unless he has an MDCCW or qualifies for a professional/activity exemption. Transporting to Pa in order to carry is not one of the exemptions so transport while in MD is arguably illegal.
2. Lending firearms (longarms or handguns) between residents of different states is a Federal violation except for "lawful SPORTING purposes". Carrying for self-protection is not a 'sporting' purpose IMO. This would preclude you from lending him a gun to carry regardless of any state licensure(s).IANAL
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August 8th, 2010, 10:57 PM #7
Re: OC residence?
Seems like the question would still be moot. How can he transport the gun legally to PA?
He has no license, and would not be covered by any of the limited exceptions for transport in a vehicle without one.
ETA: (Anymore than I would be if I had no license, and drove down town with the gun locked in my trunk, intending to holster up once out of the vehicle and on foot.)
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August 9th, 2010, 07:22 AM #8Senior Member
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Re: OC residence?
Very interesting. Thanks for the heads up.
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