Question on open carry

[genxweb]

My father is visiting from out of state to hunt with me here in PA. He has a revolver and I want to know if he can open carry the revolver while in the woods going to and from our stands. The woods is private ground owned by family. I have my LTCF and i will be carrying my semi auto handgun.

In the past we been having issues with trespassers and they are not always so friendly to move off the land. The hope ifs not to have to do anything other then call the police but you never know.

[knight0334]

He would still need a LTCF, or a license from any other state, to transport the gun in a vehicle.

While on foot he wouldn't need a license to openly carry.

[zackattack784]

He would still need a LTCF, or a license from any other state, to transport the gun in a vehicle.

While on foot he wouldn't need a license to openly carry.

Depending on the circumstances, this may apply:

18 Pa.C.S. § 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.
(b) Exceptions.--The provisions of subsection (a) shall not apply to:
(9) Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing as permitted by such license, or are going to the places where they desire to hunt, take furbearers or fish or returning from such places.

[knight0334]

Depending on the circumstances, this may apply:

You forgot paragraph (c) of 6106 that says before exception (b)(9) and (10) apply, one must have a Sportsmans Permit. He could get a SP to cover this activity for $6.

(c) Sportsman's firearm permit.--
(1) Before any exception shall be granted under paragraph (b)(9) or (10) of this section to any person 18 years of age or older licensed to hunt, trap or fish or who has been issued a permit relating to hunting dogs, such person shall, at the time of securing his hunting, furtaking or fishing license or any time after such license has been issued, secure a sportsman's firearm permit from the county treasurer. The sportsman's firearm permit shall be issued immediately and be valid throughout this Commonwealth for a period of five years from the date of issue for any legal firearm, when carried in conjunction with a valid hunting, furtaking or fishing license or permit relating to hunting dogs. The sportsman's firearm permit shall be in triplicate on a form to be furnished by the Pennsylvania State Police. The original permit shall be delivered to the person, and the first copy thereof, within seven days, shall be forwarded to the Commissioner of the Pennsylvania State Police by the county treasurer. The second copy shall be retained by the county treasurer for a period of two years from the date of expiration. The county treasurer shall be entitled to collect a fee of not more than $6 for each such permit issued, which shall include the cost of any official form. The Pennsylvania State Police may recover from the county treasurer the cost of any such form, but may not charge more than $1 for each official permit form furnished to the county treasurer.
(2) Any person who sells or attempts to sell a sportsman's firearm permit for a fee in excess of that amount fixed under this subsection commits a summary offense.

[zackattack784]

You forgot paragraph (c) of 6106 that says before exception (b)(9) and (10) apply, one must have a Sportsmans Permit. He could get a SP to cover this activity for $6.

Hmmm you appear to be correct. Never knew that. Learn something new everyday! Rep sent!

[MischaBurns]

He would still need a LTCF, or a license from any other state, to transport the gun in a vehicle.

While on foot he wouldn't need a license to openly carry.

There may be a different problem, though. It's illegal to lend a firearm to someone who does not possess a LTCF. There is an exception for hunting, but I think it may apply only to weapons actually used for hunting, which this revolver is not.

[gnbrotz]

He would still need a LTCF, or a license from any other state, to transport the gun in a vehicle.

While on foot he wouldn't need a license to openly carry.

The father could place his gun in the custody and control of his son for any travel in a vehicle. I'd advise the son secure it to preserve any legal argument that may be needed.I'm not convinced this would be permitted under federal law.

There may be a different problem, though. It's illegal to lend a firearm to someone who does not possess a LTCF. There is an exception for hunting, but I think it may apply only to weapons actually used for hunting, which this revolver is not.

The OP said the gun belonged to his father, not that he would be lending one to his father.

[tl_3237]

The father could place his gun in the custody and control of his son for any travel in a vehicle. I'd advise the son secure it to preserve any legal argument that may be needed.

Since the father is from out-of-state, wouldn't that violate

18 USC 922
(a) It shall be unlawful—

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to

(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

?

Unless the temporary transfer for transporting legality purposes would qualify as a 'lawful sporting purpose' - thoughts?

[genxweb]

Thanks all for the insight. He comes up here yearly and brings a bunch of his guns to shoot on the range and to hunt with. In NY we were always told to keep the guns out of reach and the ammo separate from the guns while in transport to or from an event. We use to shoot in competition around the US and traveled with them all the time with no problems.

[gnbrotz]

Since the father is from out-of-state, wouldn't that violate



?

Unless the temporary transfer for transporting legality purposes would qualify as a 'lawful sporting purpose' - thoughts?

Hmm...appears that it would. I was clear that it didn't permit the father coming here, and being loaned a gun by the son, but the specific language would indeed seem to prohibit the father giving it to the son as well.