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Thread: non resident Pa LTCF
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September 17th, 2010, 10:22 AM #1Active Member
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non resident Pa LTCF
My brother and I own a business here in Pennsylvania. Due to the nature of the business,we both prefer to be armed while at the shop and on the road.
I have a LTCF in Pa and am a Pa resident. My brother is a Maryland resident.
Is it possible for him to get a PA LTCF ?
Have heard Pa will not issue LTCF to non residents. Would owning a business here in Pa make a difference ?
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September 17th, 2010, 10:25 AM #2
Re: non resident Pa LTCF
I believe a PA LTCF is obtainable only if the non resident has a carry permit from his home state.
I may be wrong, but I think that is the case.
He could, however, get a Florida or Utah non resident license which has the benefit of enjoying reciprocity in PA and around 30 other states.Last edited by Coops; September 17th, 2010 at 10:30 AM.
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September 17th, 2010, 10:27 AM #3Grand Member
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Re: non resident Pa LTCF
The only way to obtain a non res LTCF if to have a permit from the persons
home state. So your bro would need to obtain a MD permit first.
He can however obtain a non res permit from a state such as FL or UT which is honored in PA.
Be sure however that he does not run afoul of any MD laws while transporting while in MD.
That is a topic of much discussion.FUCK BIDEN
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September 17th, 2010, 10:44 AM #4
Re: non resident Pa LTCF
IMO/IANAL
Assuming he is not a prohibited person- even without licensure, you brother (as business owner) could carry at the 'shop' but not on the road. (18 Pa CSA 6106(a)).
You could lend him a firearm while at the 'shop' under Pa law (18 Pa CSA 6115(b)(3)) however doing so would violate 18 USC 922(a)(5) since you both have different states of residence.
He could transport his own firearm from/to MD to/from the 'shop' per MD Criminal Code. Interesting his trip between MD and PA may have some issue in PA since home to business transport is not, using strict interpretation, specifically covered in exemptions while in PA (18 Pa CSA 6106(b)(8)).
His getting a reciprocated license (ex: FL or UT) would avoid all the problems.
MD Criminal Code§ 4-203. Wearing, carrying, or transporting handgun.
(b) Exceptions.- This section does not prohibit:
(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;18 Pa.C.S.A. § 6106. Firearms not to be carried without a license
(a) Offense defined.--
(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.
(2) A person who is otherwise eligible to possess a [FN1] valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.
(b) Exceptions.--The provisions of subsection (a) shall not apply to:
(8) Any person while carrying a firearm which is not loaded and is in a secure wrapper from the place of purchase to his home or place of business, or to a place of repair, sale or appraisal or back to his home or place of business, or in moving from one place of abode or business to another or from his home to a vacation or recreational home or dwelling or back, or to recover stolen property under section 6111.1(b)(4) (relating to Pennsylvania State Police), or to a place of instruction intended to teach the safe handling, use or maintenance of firearms or back or to a location to which the person has been directed to relinquish firearms under 23 Pa.C.S. § 6108 (relating to relief) or back upon return of the relinquished firearm or to a licensed dealer's place of business for relinquishment pursuant to 23 Pa.C.S § 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or back upon return of the relinquished firearm or to a location for safekeeping pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment to third party for safekeeping) or back upon return of the relinquished firearm.
18 Pa.C.S.A. § 6115 Loans on, or lending or giving firearms prohibited
(b)(3) Nothing in this section shall be construed to prohibit the loaning or giving of a firearm to another in one's dwelling or place of business if the firearm is retained within the dwelling or place of business.Last edited by tl_3237; September 17th, 2010 at 11:10 AM.
IANAL
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September 17th, 2010, 10:45 AM #5
Re: non resident Pa LTCF
Your brother may (stressing the word "may") be able to get a Maryland permit to carry, most likely if the nature of the business involves transporting large sums of cash ("large sums" being quite subjective.) PAFOA member bighornjd was successful in his quest to obtain a Maryland permit to carry; see this thread for details. If I recall correctly, his permit was restricted to those times when he was actively engaged in the conduct of his business.
If he's successful in obtaining a Maryland permit to carry, he could then apply for a PA LTCF. In the meantime, however, he should consider getting a Utah CFP or Florida CCW that would give him reciprocity in Pennsylvania.
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September 17th, 2010, 11:26 AM #6
Re: non resident Pa LTCF
An AZ Concealed Weapons Permit is also fairly easy to get for non-AZ residents. And it is recognized reciprocitially ( not a real word, I know ) by PA.
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September 17th, 2010, 11:30 AM #7
Re: non resident Pa LTCF
Last edited by tl_3237; September 17th, 2010 at 11:37 AM.
IANAL
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September 17th, 2010, 12:41 PM #8
Re: non resident Pa LTCF
The training exemptions are not real strict though. A hunter's safety course would work
http://forum.pafoa.org/concealed-ope...ml#post1337043
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September 17th, 2010, 03:50 PM #9
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September 18th, 2010, 07:40 AM #10Senior Member
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Re: non resident Pa LTCF
After we get our carry law and WI gets theirs we have got to work on national reciprocity. This is a mess
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