Where (and if) was the law violated?

[yial]

Z

[gnbrotz]

Was the law violated when they stopped to change a tire? Or was it not until they switched the gun to the drivers compartment?

So long as this is a "normal" length rifle, and not an SBR, state law was not violated at any point. The possession/transport of long guns in no way intertwines with PA's licensing statutes. A non-prohibited person who does not have a license to carry may have a long gun in their vehicle at any and all times, provided it is not loaded, and may carry one on their person, either openly or concealed, while loaded, with no license required, except in a 'city of the first class'. The only city deemed as such in PA is Philadelphia.

[tl_3237]

Assuming that the rifle (longarm) is unloaded, legally possesed (not a prohibited person; legal age; etc) and the trip is entirely within PA - there are no state laws that have been broken AFAIK.

If the rifle case is 'locked' then there are no Federal laws being broken. If 'unlocked' then arguably it could be a violation of the Gun Free School Zone Act (18 USC 922(q)) to be within 1000' feet of school property during the times that the rifle is not locked in the trunk. This would be a technical violation but enforcement is highly doubtful absent some other criminal act.

[MischaBurns]

Whoa! That's great to know! I assumed that because it had left the trunk and gone into the drivers compartment (still cased) that that would be a violation. I just leaned a lot about how you are legally allowed to transport long guns.

And Yes, it was (WOULD HYPOTHETICALLY BE) a regular long gun. Let''s say an SKS, regular length.

The case would hypothetically have been unlocked, but, was never within 1,000 feet of school property.

Thanks for the informative answers.

i hypothetically throw my [completely not in a case at all] (or in an unlocked case) rifle in the backseat of my Firebird all the time, because it's legal to do so as long as said rifle isn't loaded. i've even done it on a motorcycle

ETA: this is assuming all driving was done inside this awesome place called the Commonwealth of Pennsylvania.

[S&WM&P40]

So I could hang a gun rack in the back window of my pickup truck and drive around with my shotguns in the window as long as they are unloaded?

[customloaded]

So I could hang a gun rack in the back window of my pickup truck and drive around with my shotguns in the window as long as they are unloaded?

Yes you could. In fact, I do believe you could even [incorrect legal statement removed]. ~Staff

Now, I don't advocate the open display of firearms like we did 25 years ago. To much crime and the willingness of criminals to break into said vehicle and steal anything, including said shotgun.

CL

[S&WM&P40]

Why did he receive an infraction, was something false in his post? I agree that these are different times and because of that I wouldn't be leaving them in my truck all the time. However I saw a rack that would hang in the back window of a truck for sale at a flee market and I thought it would be helpfull to use it for when I go to the range and that only. That way the only time they are in my truck is when driving to or from the range and then once home they immediately come out to be cleaned and go back into there self defensive roles in the home.

[gnbrotz]

Because PA laws on shotguns state a round must be in the chamber for it to be considered loaded.

No they don't.

Your post is wrong, and anyone who follows your advice is breaking the law.

§6106.1. Carrying Loaded Weapons Other Than Firearms.

(a) General rule.—Except as provided in Title 34 (relating to game), no person shall carry a loaded pistol, revolver, shotgun or rifle, other than a firearm as defined in section 6102 (relating to definitions), in any vehicle The provisions of this section shall not apply to persons excepted from the requirement of a license to carry firearms under section 6106(b)( 1), (2), (5) or (6) (relating to firearms not to be carried without a license) nor shall the provisions of this section be construed to permit persons to carry firearms in a vehicle where such conduct is prohibited by section 6106.

(b) Penalty.—A person who violates the provisions of this section commits a summary offense.

(Added by L. 1989, Act 68(1); chgd. by L. 1995, Spec. Sess. 1, Act 17(2,). eff 10/11/95.)

Since no definition of "loaded" is included here, we default to the definition fount in 6102, just as we do for the definition of "firearms" as noted by (a).

"Loaded." A firearm is loaded if the firing chamber, the nondetachable magazine or in the case of a revolver, any of the chambers of the cylinder contain ammunition capable of being fired. In the case of a firearm which utilizes a detachable magazine, the term shall mean a magazine suitable for use in said firearm which magazine contains such ammunition and has been inserted in the firearm or is in the same container or, where the container has multiple compartments, the same compartment thereof as the firearm.

[MDJschool]

Since no definition of "loaded" is included here, we default to the definition fount in 6102, just as we do for the definition of "firearms" as noted by (a).

Since no definition of "firearm" is included here, we default to the definition found in section 6102, just as we do for the definition of "loaded" as noted by subsection "Loaded.".

Subject to additional definitions contained in subsequent provisions of this subchapter which are applicable to specific provisions of this subchapter, the following words and phrases, when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

So, while customloaded was wrong that PA law positively affirms exactly what can be done with shotguns, 6102 doesn't specify what can't be. To approach it any other way is to improve the statute, so the only thing to do is find the definition of 'loaded' some other way.

[Pa. Patriot]

Since no definition of "firearm" is included here, we default to the definition found in section 6102, just as we do for the definition of "loaded" as noted by subsection "Loaded.".



So, while customloaded was wrong that PA law positively affirms exactly what can be done with shotguns, 6102 doesn't specify what can't be. To approach it any other way is to improve the statute, so the only thing to do is find the definition of 'loaded' some other way.

But 6106.1 does.

Gnbrotz is correct.


§ 6106.1. Carrying loaded weapons other than firearms.

1. General rule. -- Except as provided in Title 34 (relating to game), no person shall carry a loaded pistol, revolver, shotgun or rifle, other than a firearm as defined in section 6102 (relating to definitions), in any vehicle. The provisions of this section shall not apply to persons excepted from the requirement of a license to carry firearms under section 6106(b)(1), (2), (5) or (6) (relating to firearms not to be carried without a license) nor shall the provisions of this section be construed to permit persons to carry firearms in a vehicle where such conduct is prohibited by section 6106.