Open carry law

[LittleRedToyota]

From what I understood. You need a lic (clearly contradicting the constitution) to CCW. If you DON'T have a CCW you can STILL open carry. Is my understanding wrong? What does a CCW have to do with open carry?

you could fill a book with all the laws that violate either the state or US constitution...unfortunately, neither the PA or US supreme court seem to care too much about constitutions or doing their job of enforcing them.

you can still open carry with an LTCF.

the only thing an LTCF (License to Carry Firearms--which is what a CCW permit in PA is called) has to do with open carry is that the PA UFA says you need one to carry firearms at all (i.e., open or concealed) in Philly.

[TonyF]

Can someone direct me to the specific statute that allows open carry.
Thanks

There was a PA state supreme court case from the very late 1890's that in some way had open carry as an issue in the ruling. The court noted that since there was no governing statute that specifically prohibited open carry, then open carry was not prohibited or something to taht effect.

I don't think the entire case in question was specific to whether open carry was or was not legal or prohibited but it was peripheral to the case and in the written majority opinion it was mentioned.

I'll try to get some info.

[27hand]

Your understanding is correct

The LTCF has nothing to do with open carry(except in Philly where it is required to carry either way).

Open carry is legal throughout the state.

Concealed carry or carrying a loaded handgun in a vehicle requires a LTCF.

27

[whoshisface]

Philladelphia DID NOT make there own law!!!!!

The state passed that law not philadelphia!

[whoshisface]

You need to have a LTCF to carry in your car open or otherwise.

Here are two cases that clearly states that it is legal (from opencarry.org)
Q. Is open carry legal in PA?

A. Yes. When walking about PA on foot, no LTCF is required to open carry unless you are in Philadelphia or an "emergency" has been declared. Here are 2 PA Supreme Court cases validating the legality of open carry in PA:

a. Commonwealth v. Hawkins, 692 A.2d 1068, n.4 (“In all parts of Pennsylvania, persons who are licensed may carry concealed firearms. 18 Pa.C.S. § 6108. Except in Philadelphia, firearms may be carried openly without a license. See Ortiz v. Commonwealth, 545 Pa. 279, 283, 681 A.2d 152, 155 (1996) (only in Philadelphia must a person obtain a license for carrying a firearm whether it is unconcealed or concealed; in other parts of the Commonwealth, unconcealed firearms do not require a license)”).



b. Ortiz v. Commonwealth, 545 Pa. 279; 681 A.2d 152 (1996)(agreeing with appellant’s citation of the fact that "...in Philadelphia County, the legislature requires that a person must be licensed to carry weapons openly and not concealed from sight, whereas in all other counties of Pennsylvania, weapons may be carried openly without a license[, but holding that appellant’s argument that this fact then exempts Philadelphia from state preemption statute] is plainly without merit” [emphasis added]”).

[danp]

This is all explained on our main website: http://www.pafoa.org/page-view/page/...pen-carry.html

[den9]

From what I understood. You need a lic (clearly contradicting the constitution) to CCW. If you DON'T have a CCW you can STILL open carry. Is my understanding wrong? What does a CCW have to do with open carry?

so is it legal to open carry without a license? or even with a license? or is it a neutral law

[Glock22xd9]

Den, I don't recomend carrying open at all! Cops will hastle you as soon as they see you! You don't wana get arrested if you can avoid it. Unless you are going to ONLY be carrying in the stix. I recomend you get the concealed carry license and call it a day. (My opinion)

[Glock22xd9]

so is it legal to open carry without a license? or even with a license? or is it a neutral law

Sorry Den, I just read your other post and saw that you're only 19. You can't even purchase a handgun, get your concealed permit, or even buy ammo for one til you're 21. Sorry man. Not rubbin it in, just making you aware.

[KeithPA]

Sorry Den, I just read your other post and saw that you're only 19. You can't even purchase a handgun, get your concealed permit, or even buy ammo for one til you're 21. Sorry man. Not rubbin it in, just making you aware.

In PA you only have to 18 to possess any firearm. So i'm not sure how that would correspond to open carry. Obviously you can't get a LTC, but you aren't required to have one to open carry anyways.