Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Mar 2009
    Location
    Harrisburg, Pennsylvania
    (Dauphin County)
    Posts
    416
    Rep Power
    4421

    Default Carrying with expired license while waiting for renewal

    Two items:

    #1

    18 Pa.C.S. § 6106: Firearms not to be carried without a license

    (a) Offense defined.--
    Snip...
    (2) A person who is otherwise eligible to possess a [FN1] 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:
    Snip…
    (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.
    Snip...


    I received my notification that my license was going to expire a few weeks ago. The instructions stated that I should not apply until within two weeks of the expiration date. My license expires tomorrow. I applied for my renewal today with the Dauphin County Sheriff at an evening satellite office. The deputy stated I could pick up the new license in two weeks.


    I am asking for trouble by carrying until I pick up my new license considering exception #12 above?


    #2

    Also during this session, a friend was applying for his first license. The application stated that the social security number was optional to help avoid confusion during identification. My friend included his SSN. The deputy stated he had to see the actual Social Security card and refuse to proceed until he went home and returned with the card. I do not see anywhere the the actual SS card is a requirement for application. Am I missing something?
    NRA Life Member. OC is comfy!

  2. #2
    Join Date
    Apr 2012
    Location
    Rural, Pennsylvania
    Posts
    228
    Rep Power
    27233

    Default Re: Carrying with expired license while waiting for renewal

    #1. You are covered until you get your new LTCF

    #2. The deputy is full of shit!

  3. #3
    Join Date
    Oct 2008
    Location
    Harrisburg area, Pennsylvania
    (Dauphin County)
    Posts
    4,683
    Rep Power
    21474856

    Default Re: Carrying with expired license while waiting for renewal

    Once your old license expires you are exempt from the licensing requirement for six months, assuming you remain eligible for a LTCF. That covers you for the purpose of PA law (only). Technically you may not carry within 1000' of the grounds of K-12 schools due to the federal GFSZA until you get your new license. But the odds are very low of that being an issue if any presence in a school zone is minimal and incidental. I wouldn't suggest OCing to a principal's office.

    And deputy is indeed full of it.
    Last edited by twency; September 17th, 2012 at 08:24 PM.
    I am not a lawyer. Nothing I say or write is legal advice.

  4. #4
    Join Date
    Feb 2011
    Location
    Lehigh Valley, Pennsylvania
    (Northampton County)
    Posts
    741
    Rep Power
    45225

    Default Re: Carrying with expired license while waiting for renewal

    You are legally covered, but be prepared if you are stopped for the cop to not know you are covered. It might not be a bad idea to carry a copy of that statute until you pick up your new LTCF.

  5. #5
    Join Date
    Jan 2010
    Location
    SE, Pennsylvania
    (Delaware County)
    Posts
    523
    Rep Power
    183258

    Default Re: Carrying with expired license while waiting for renewal

    To put the deputy even deeper in the crapper, is this in the statute:

    18 Pa.C.S. § 6109: (f) (2) At least 60 days prior to the expiration of each license, the issuing sheriff shall send to the licensee an application for renewal of license. Failure to receive a renewal application shall not relieve a licensee from the responsibility to renew the license.
    (accent is mine)

    He ought to read the UFA a few times (as they all should)...

    If the SSN is optional, why the devil does he have to see the card - what a rube! I entered just the last 4 digits and got no grief.
    Last edited by Kurt_D; September 17th, 2012 at 09:48 PM.

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