a question about carying in a vehicle

[m&pshooter]

first i would like to say hello to everyone, i am new to PAFOA and to carrying a firearm. now to the point of this thread. now i understand that you must have a valid liscense to carry to have a loaded handgun in a vehicle but what about if you are a passenger in the vehicle and that vehicle is not registered to you? i called my county sherrif dept. and what the guy told me was that as long as the gun is on you and not in a glove box under the seat in the center consol etc. you will be fine also as long as the driver is not a convicted felon or someone who is unable to have firearms. now whats confuseing me is that § 6106 says "any person who carries a firearm in ANY vehicle..." and §6109 it sasy" a ltcf shall be for the purpose of carrying a firearm conceald on or about ones person or IN A VEHICLE..." i havent read anything that says it has to remain on my person and not in the glove box if i am a passenger. the way i am understanding this is that it dosnt matter what vehicle and it dosnt matter where at in the vehicle the firearm is as long as i am with that vehicle the firearm is in and i have a valid ltcf (which i do have) im within the law. now to make things more complicated i am 22 and my fiancee is 20, is there any restrictions the the fact that she is unable to even posses a handgun if i am carrying in her vehicle as a passenger?i asked the sherrif the same question and again he said as long as its on my persons i am fine. i am thrying to understand the law so i dont get myself or anyone else in trouble beceause of my ignorance to the law thats no excuse. i hope someone can help me and i hope i explained my question right

[IronSight]

Let me start with a request; please, for the love of all things reasonable, use paragraphs.

Secondly, I am not a lawyer, this is my response based on my understanding of law. See a lawyer for legal advice.

first i would like to say hello to everyone, i am new to PAFOA and to carrying a firearm. now to the point of this thread. now i understand that you must have a valid liscense to carry to have a loaded handgun in a vehicle

Good so far.

but what about if you are a passenger in the vehicle and that vehicle is not registered to you?

You're still in a vehicle, so you still need an LTCF or you have to meet one of the exceptions in 6106.

i called my county sherrif dept. and what the guy told me was that as long as the gun is on you and not in a glove box under the seat in the center consol etc. you will be fine also as long as the driver is not a convicted felon or someone who is unable to have firearms.

I fail to see why it would matter if the driver is a prohibited person if YOU are the one in possession of the firearm (if it's one your hip in a holster that is).

Perhaps I'm wrong, and this is something I've yet to ask a lawyer about; but I don't see how that would qualify as putting the felon in possession of your firearm. Putting it in the trunk, however, I could see that argument being made.

6106 applies no matter if you are the driver or NOT. You'll find that people on this forum rightfully recommend avoiding Sheriffs and LEOs if you're seeking advice on the law. Asking your DA though, now that could be a good idea, although you'll likely get a letter back stating somewhere that the response also isn't "legal advice" as you normally have to pay for that.

now whats confuseing me is that § 6106 says "any person who carries a firearm in ANY vehicle..." and §6109 it sasy" a ltcf shall be for the purpose of carrying a firearm conceald on or about ones person or IN A VEHICLE..." i havent read anything that says it has to remain on my person and not in the glove box if i am a passenger. the way i am understanding this is that it dosnt matter what vehicle and it dosnt matter where at in the vehicle the firearm is as long as i am with that vehicle the firearm is in and i have a valid ltcf (which i do have) im within the law.

Does 6106 limit how you can carry the firearm w/ a valid LTCF? I certainly don't see that anywhere.

now to make things more complicated i am 22 and my fiancee is 20, is there any restrictions the the fact that she is unable to even posses a handgun if i am carrying in her vehicle as a passenger?i asked the sherrif the same question and again he said as long as its on my persons i am fine.

Is answer to this question contradicts his answer about the felon/prohibited driver earlier. That contradiction alone should make you wary of his advice, especially since he wouldn't be the one arresting you on the side of the road if you did stray from the law.

i am thrying to understand the law so i dont get myself or anyone else in trouble beceause of my ignorance to the law thats no excuse. i hope someone can help me and i hope i explained my question right

That's a good way to think about things, but honestly after trying to read through your non-paragraph/blob-of-text perhaps I missed your actual question? If I didn't address it help me out by clarifying a bit more.

[Curmudgeon]

I agree with IronSight's points, I just wanted to add this: Unless your Fiance is a prohibited person, or is the felon in your earlier example, she can possess a firearm, her age does not prohibit her from possession.

A person may legally possess a firearm at 18. They just can not purchase one from a FFL (or dealer), it would have to come from a parent or grandparent also living in (and everyone must be a resident of PA) or you would have to find a Sheriff willing to do the transfer paperwork.


ETA: Welcome to PAFOA! There are a large number of members living in York County, stick around!
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[bricktop]

A person may legally possess a firearm at 18. They just can not purchase one from a FFL (or dealer), it would have to come from a parent or grandparent also living in (and everyone must be a resident of PA) or you would have to find a Sheriff willing to do the transfer paperwork.

Right up until you and your fiance are married, then you can legally give it to her without a transfer, provided she is not a prohibited person. Bug her to get an LTCF too It makes things soo soo much easier.

IANAL

[Gun]

Right up until you and your fiance are married, then you can legally give it to her without a transfer, provided she is not a prohibited person. Bug her to get an LTCF too It makes things soo soo much easier.

IANAL

Or she turns 21. Then it doesn't matter.


Think your county sheriff's office was giving you advice so that there will never be a question of you getting into trouble by following their advice.

[bricktop]

I suppose I should have been more specific and added "(not lend)" after "give," for the marriage thing.

[m&pshooter]

thanks ironsight for helping me clear that up, and in the future ill make sure i use paragraphs to make it easier for everyone to read

[Xringshooter]

Or she turns 21. Then it doesn't matter.

This^^^ wasn't real clear. Just because she turns 21 she still cannot be given (or loaned) a handgun by her fiancee.

Any transfer of a HANDGUN, between 2 people that are not married, must be completed at a FFL or a sheriffs dept. EXCEPT: a parent or grandparent can give a handgun to their child or grandchild (or vice versa) and a spouse can give a handgun to their wife/husband without any paperwork (as long as they are 18 or older). Now if the fiancee is 21 and has a LTCF, then she could be loaned a firearm or the firearm could be anywhere in the car and everything would be ok. Once married the it falls under the spouse giving a gun to the other.

Now OP; if you have your LTCF, you can carry your handgun in any car you want as long as it is on your person. Even if she were a prohibited person, as long as you have control of the gun, then there is no problem. However, if you put it in the trunk or in the glove box, some police may say (and have in the past) that because it is not your car, it is actually in the possession of the owner of the car not you.