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Thread: Open Carrying Legalities(sp?)
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December 12th, 2007, 11:59 PM #1
Open Carrying Legalities(sp?)
I have a question, Open carry is legal as long as you can legally own a handgun, and if you get into a vehicle while OCing then it is automatically CCing and a federal offense, BUT what if you get ON a vehicle such as a motorcycle? I am looking to get a 07 Kawasaki Ninja 650R here soon and curious as to the laws regarding this. Because if you think about it, it would be visible at all times from most all angles. This question has been perplexing me, and the answer will most definitely affect me. And to those who say just get an LTCF and conceal the damn thing, well I have news for ya, not everyone that can own a handgun can get one. I'm under 21 but over 18 and the gun was gifted to me by my mother. I figured this would be a bit of a way also to get around the CCing in a car thing.
Thanks for any help in advance!
First reply with a CORRECT and DEFINITE answer gets a +1 from me!
Jeremy.
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December 13th, 2007, 12:16 AM #2
Re: Open Carrying Legalities(sp?)
(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.
I wouldn't recommend trying it.
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December 13th, 2007, 12:22 AM #3Super Member
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Re: Open Carrying Legalities(sp?)
§6109. Licenses.
(a) Purpose of license -A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle throughout this Commonwealth.
Do so at your own risk, how good of a laywer can you afford. As far as common sense law states, on a motorcycle is not in a vehicle. Weather the AG or DA agree is the biggest question.
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December 13th, 2007, 12:24 AM #4
Re: Open Carrying Legalities(sp?)
You can't be "in" a motorcycle, so I'd say you would definitely have a viable defense should you be indicted with a crime. Quite simply, there's no way for said openly carried firearm to be concealed when you're riding on a motorcycle, so it therefore is open carry.
Any mission, any conditions, any foe at any range.
Twice the mayhem, triple the force.
Ten times the action, total hardcore.
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December 13th, 2007, 12:28 AM #5
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December 13th, 2007, 12:32 AM #6
Re: Open Carrying Legalities(sp?)
The other posters already pointed out that a motorcycle is a vehicle for purposes of carrying.
No. 1st, it's not federal law. It's PA law.
If you get in a vehicle it is not CC'ing, per the statute anyway. SS6106 states carrying in a vehicle is prohibited. It does not mention CC or OC. IOW, any mode of carrying since one is not specified. The exceptions to the law include having a valid LTCF.
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December 13th, 2007, 12:34 AM #7
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December 13th, 2007, 12:39 AM #8
Re: Open Carrying Legalities(sp?)
Anything on the road is considered a vehicle, just ask the many people arrested for a DUI riding a bicycle, horse, lawn tractor, ect...
ChazIwouldn'tdoitman321I like guns... And boobs...
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December 13th, 2007, 12:41 AM #9
Re: Open Carrying Legalities(sp?)
It's around here somewhere but the "in" is not going to matter.Any mission, any conditions, any foe at any range.
Twice the mayhem, triple the force.
Ten times the action, total hardcore.
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December 13th, 2007, 12:43 AM #10
Re: Open Carrying Legalities(sp?)
Yup, this has been discussed before. If you are riding a motorcycle, you are still operating a vehicle. They won't think twice about confiscating your firearm and throwing a bunch of fines at you...not to mention you will never be allowed to purchase a gun again. Ever.
Not something you want to mess with.
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