Stopping for Food While Transporting

[mythaeus]

I understand that during interstate transport, you can stop for food (given other conditions are met). However, I am not able to determine whether or not I can do the same in PA (Philadelphia), between my house and the range, while not yet have a LTC permit (already applied for it). My range is 20 minutes away, restaurants we frequent are on the way (few minutes from the range) and always ON the route that we take to or from the range. Thanks for any information you can provide.

+Al

[SteveXD]

The law states that you must go directly to and from the range or gun shop.

That being said, I am not sure if a cop would give you problems and the only way that they would know would be if you were stopped in the parking lot of the restaurant.

Your LTCF will solve that problem though

There are places where you would have problems even with interstate travel MD would be one of many.

[WhiteFeather]

from PA Patroit UFA link
http://www.pafoa.org/forum/pennsylva...oved-link.html

6106. Firearms not to be carried without a license

The big one, transportation of firearms that so many people without a LTCF break all the time (lose their rights to ever own firearms when caught,and prosecuted. Also anyone who they co-habitate with also can't own them or vist anyone home that does). Because there is NO provision for any stops in PA law and only limited places where firearm can be transported to and from. Which also means Open Carrying, you can NOT transport firearms unless it one of the places list below without a LTCF permit....... read it for yourself. People that I work with don't have LTCF and carry hunting rifles or shotguns to go hunting after work - they are breaking the law ( they have been warned) - same idiots also stop at the bar for a "few" drinks after hunting as well so they are just marked people waiting to be srewed by this limited transport clause or a DUI or all of the above

§ 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.
(2) A person who is otherwise eligible to possess a
valid license under this chapter but 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 and
has not committed any other criminal violation commits a
misdemeanor of the first degree.
(b) Exceptions.--The provisions of subsection (a) shall not
apply to:
(1) Constables, sheriffs, prison or jail wardens, or
their deputies, policemen of this Commonwealth or its
political subdivisions, or other law-enforcement officers.
(2) Members of the army, navy, marine corps, air force
or coast guard of the United States or of the National Guard
or organized reserves when on duty.
(3) The regularly enrolled members of any organization
duly organized to purchase or receive such firearms from the
United States or from this Commonwealth.
(4) Any persons engaged in target shooting with a
firearm, if such persons are at or are going to or from their
places of assembly or target practice and if, while going to
or from their places of assembly or target practice, the
firearm is not loaded.
(5) Officers or employees of the United States duly
authorized to carry a concealed firearm.
(6) Agents, messengers and other employees of common
carriers, banks, or business firms, whose duties require them
to protect moneys, valuables and other property in the
discharge of such duties.
(7) Any person engaged in the business of manufacturing,
repairing, or dealing in firearms, or the agent or
representative of any such person, having in his possession,
using or carrying a firearm in the usual or ordinary course
of such business.
(8) Any person while carrying a firearm which is not
loaded and is in a secure wrapper from the place of purchase
to his home or place of business, or to a place of repair,
sale or appraisal or back to his home or place of business,
or in moving from one place of abode or business to another
or from his home to a vacation or recreational home or
dwelling or back, or to recover stolen property under section
6111.1(b)(4) (relating to Pennsylvania State Police), or to a
place of instruction intended to teach the safe handling, use
or maintenance of firearms or back or to a location to which
the person has been directed to relinquish firearms under 23
Pa.C.S. § 6108 (relating to relief) or back upon return of
the relinquished firearm or to a licensed dealer's place of
business for relinquishment pursuant to 23 Pa.C.S. § 6108.2
(relating to relinquishment for consignment sale, lawful
transfer or safekeeping) or back upon return of the
relinquished firearm or to a location for safekeeping
pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment
to third party for safekeeping) or back upon return of the
relinquished firearm.
(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.
(10) Persons training dogs, if such persons are actually
training dogs during the regular training season.
(11) Any person while carrying a firearm in any vehicle,
which person possesses a valid and lawfully issued license
for that firearm which has been issued under the laws of the
United States or any other state.
(12) A person who has a lawfully issued license to carry
a firearm pursuant to section 6109 (relating to licenses) and
that said license expired within six months prior to the date
of arrest and that the individual is otherwise eligible for
renewal of the license.
(13) Any person who is otherwise eligible to possess a
firearm under this chapter and who is operating a motor
vehicle which is registered in the person's name or the name
of a spouse or parent and which contains a firearm for which
a valid license has been issued pursuant to section 6109 to
the spouse or parent owning the firearm.
(14) A person lawfully engaged in the interstate
transportation of a firearm as defined under 18 U.S.C. §
921(a)(3) (relating to definitions) in compliance with 18
U.S.C. § 926A (relating to interstate transportation of
firearms).
(15) Any person who possesses a valid and lawfully
issued license or permit to carry a firearm which has been
issued under the laws of another state, regardless of whether
a reciprocity agreement exists between the Commonwealth and
the state under section 6109(k), provided:
(i) The state provides a reciprocal privilege for
individuals licensed to carry firearms under section
6109.
(ii) The Attorney General has determined that the
firearm laws of the state are similar to the firearm laws
of this Commonwealth.
(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.
(d) Revocation of registration.--Any registration of a
firearm under subsection (c) of this section may be revoked by
the county treasurer who issued it, upon written notice to the
holder thereof.
(e) Definitions.--
(1) For purposes of subsection (b)(3), (4), (5), (7) and
(8), the term "firearm" shall include any weapon which is
designed to or may readily be converted to expel any
projectile by the action of an explosive or the frame or
receiver of the weapon.
(2) As used in this section, the phrase "place of
instruction" shall include any hunting club, rifle club,
rifle range, pistol range, shooting range, the premises of a
licensed firearms dealer or a lawful gun show or meet.
(Oct. 12, 1973, P.L.283, No.81, eff. June 6, 1973; July 8, 1986,
P.L.442, No.93, eff. July 1, 1987; Dec. 19, 1988, P.L.1275,
No.158, eff. 180 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.;
Apr. 22, 1997, P.L.73, No.5, eff. 60 days; Dec. 20, 2000,
P.L.728, No.101, eff. 60 days; Nov. 10, 2005, P.L.335, No.66,
eff. 180 days)

[jerkin]

I also read the law to mean that it was illegal to carry any firearm, even unloaded, in a vehicle without a ltcf unless you fell under one of the exceptions. However Gunlawyer stated in another thread that it is not illegal to carry an unloaded long gun and that got me doing more reading in the UFA. I now think that the quote from above is incorrect. It applies to handguns but not rifles or shotguns with barrels of 16" or 18" respectively.

If you read 6106 it states that any person carrying a firearm in a vehicle commits a felony or misdemeanor unless following one of the exceptions. Now read 6102 under definitions, a firearm (I'm only refering to a rifle) is a rifle with a barrel under 16" so in that pretext a hunting rifle would not be considered a firearm and therefore legal to have in the vehicle unloaded.

To further complicate matters, at the end of 6106 there is a separate definition of firearm that states anything propelling a projectile by means of an explosive but that definition only applies to a couple of the exceptions. By stating that this definition only applies to these few exceptions in the section then you have to assume that everything else in the section defaults to the definition of 6102 which would make it legal to transport a rifle or shotgun, unloaded, without a ltcf.

[MarcS]

"No officer, you may not search my trunk."

Problem solved

[Hawk]

I also read the law to mean that it was illegal to carry any firearm, even unloaded, in a vehicle without a ltcf unless you fell under one of the exceptions. However Gunlawyer stated in another thread that it is not illegal to carry an unloaded long gun and that got me doing more reading in the UFA. I now think that the quote from above is incorrect. It applies to handguns but not rifles or shotguns with barrels of 16" or 18" respectively.

If you read 6106 it states that any person carrying a firearm in a vehicle commits a felony or misdemeanor unless following one of the exceptions. Now read 6102 under definitions, a firearm (I'm only refering to a rifle) is a rifle with a barrel under 16" so in that pretext a hunting rifle would not be considered a firearm and therefore legal to have in the vehicle unloaded.

To further complicate matters, at the end of 6106 there is a separate definition of firearm that states anything propelling a projectile by means of an explosive but that definition only applies to a couple of the exceptions. By stating that this definition only applies to these few exceptions in the section then you have to assume that everything else in the section defaults to the definition of 6102 which would make it legal to transport a rifle or shotgun, unloaded, without a ltcf.

I understood this to be true also.

Hawk,

[Frenchy]

"No officer, you may not search my trunk."

Problem solved

Safety check, Do you own a speare tire for this car? ... Where is it? .... Can I see it?...
The police in Canada use this tactic all the time, You dont have to open the trunk to a drug or alcohol search, but you do to a safety check. Dunno about here, but I do know a cop can pull you over for a cracked windshield or lights, so I would imagine the safety check applies here also.

[Montanya]

Safety check, Do you own a speare tire for this car? ... Where is it? .... Can I see it?...
The police in Canada use this tactic all the time, You dont have to open the trunk to a drug or alcohol search, but you do to a safety check. Dunno about here, but I do know a cop can pull you over for a cracked windshield or lights, so I would imagine the safety check applies here also.

Don't think that in the US there is any such statute where an officer can verify that I have a spare tire or do a "safety check" other than what he can see outside my vehicle. Unless I get a transparent trunk lid he can't search jack without PC.

[Hawk]

My spare is under the truck . "Look all you want at it officer"


Hawk

[marinakorp]

Safety check, Do you own a speare tire for this car? ... Where is it? .... Can I see it?...
The police in Canada use this tactic all the time, You dont have to open the trunk to a drug or alcohol search, but you do to a safety check. Dunno about here, but I do know a cop can pull you over for a cracked windshield or lights, so I would imagine the safety check applies here also.

Sorry, don't have it... I'll take the ticket thank you