WHY is Open Carry legal in Philadelphia, according to the LAW?

[ViperGTS19801]

I just typed this up over at CopBlock, and I was wondering if you guys thought it was an appropriately short, yet eloquent and easy to understand way to explain to someone why the law in this state makes it legal to open carry in Philadelphia.

To you, I submit:

The definition of an LTCF is "for the purpose of carrying a concealed firearm," which is uniform across the state. This means that unconcealed, open carry, is unregulated. Because the exception to this rule is a blanket law that covers ALL modes of carry, both concealed and unconcealed, and makes no differentiation between the two, and because the exception to this exception is to have an LTCF, you can safely extrapolate that having an LTCF makes you exempt from the exception – therefore, there are no restrictions on a citizen who carries the License because it defaults back to the State’s authority.

What do you think?

[streaker69]

But the state law gives "cities of the first class" the requirement to have a LTCF for open carry.

[zackattack784]

I just typed this up over at CopBlock, and I was wondering if you guys thought it was an appropriately short, yet eloquent and easy to understand way to explain to someone why the law in this state makes it legal to open carry in Philadelphia.

To you, I submit:



What do you think?

Just use this:

18 Pa.C.S. § 6108: Carrying firearms on public streets or public property in Philadelphia
No person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless:
(1) such person is licensed to carry a firearm; or
(2) such person is exempt from licensing under section 6106 of this title (relating to firearms not to be carried without a license).

OC is legal EVERYWHERE in the state since there is no law prohibiting it. 6108 makes it ILLEGAL to carry any firearm in any manner in Philly. Based on 6108, a LTCF then makes it legal to carry by whatever means you desire in Philly.

[ViperGTS19801]

But the state law gives "cities of the first class" the requirement to have a LTCF for open carry.

Right, but that is an exception to the law. Think about it for a second.

Having an LTCF makes you exempt from that exception.

That means it doesn't apply to you.

Therefore, if you have an LTCF, you can carry a gun openly in Philadelphia because the root law does not regulate open carry.

[zackattack784]

Right, but that is an exception to the law. Think about it for a second.

Having an LTCF makes you exempt from that exception.

That means it doesn't apply to you.

Therefore, if you have an LTCF, you can carry a gun openly in Philadelphia because the root law does not regulate open carry.

No, the law is you can't carry a firearm in any manner whatsoever in a city of the first class. The exception is if you have a LTCF. I posted the statute above.

[BimmerJon]

Laws tell you what you CAN'T do.
Exceptions tell you when a law doesn't apply to you

State Law:

Law: You can't CC or transport a firearm in a vehicle. (Note: NOTHING about Open Carry)

Exception: unless you have a LTCF

Meaning: you can CC or transport if you have a LTCF


State Law (In reference to Phila):

Law: You can't carry firearms on public streets of Phila

Exception: Unless you have a LTCF

Meaning: You can carry firearms in Phila if you have a LTCF (Doesn't specify CC or OC, so both are inclusive)

[zackattack784]

... I was wondering if you guys thought it was an appropriately short, yet eloquent and easy to understand way to explain to someone why the law in this state makes it legal to open carry in Philadelphia...

What do you think?

Since you asked, and here's my honest opinion, I'm confused as all hell by what you typed up, and I know the law. There is no way someone who doesn't know the law will understand what you're saying when I don't even understand what you're saying. Just show them 6108. It's simpler and you're quoting an actual law. Just break it down for them:
1. OC is legal in PA
2. 6108 makes OC and CC illegal in philly
3. If a person has a LTCF 6108 does not apply, therefore
4. OC and CC are legal

[BimmerJon]

Since you asked, and here's my honest opinion, I'm confused as all hell by what you typed up, and I know the law. There is no way someone who doesn't know the law will understand what you're saying when I don't even understand what you're saying. Just show them 6108. It's simpler and you're quoting an actual law. Just break it down for them:
1. OC is legal in PA
2. 6108 makes OC and CC illegal in philly
3. If a person has a LTCF 6108 does not apply, therefore
4. OC and CC are legal

Go with this Viper.

Your explanation is confusing as hell and I hate that you stated a LTCF's purpose is to carry concealed. Shot yourself in the foot with that one man. Concealed carry is not the purpose of a LTCF, that is just one of the many things it allows you to do.

Delete this thread and delete what you posted on copblock

[mauser]

/\ /\ /\ /\ what he said.

[marinville]

Go with this Viper.

Your explanation is confusing as hell and I hate that you stated a LTCF's purpose is to carry concealed. Shot yourself in the foot with that one man. Concealed carry is not the purpose of a LTCF, that is just one of the many things it allows you to do.

Delete this thread and delete what you posted on copblock

I don't want to rain on your parade, but:

§ 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.