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Thread: Open carry law
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December 17th, 2006, 06:48 PM #1Member
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Open carry law
Can someone direct me to the specific statute that allows open carry.
Thanks
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December 17th, 2006, 06:52 PM #2
Re: Open carry law
There is no statute or law that allows open carry.
But.....there is no statute or law that says its illegal, therefore open carry is legal.
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December 17th, 2006, 07:29 PM #3Member
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Re: Open carry law
Interesting.
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December 17th, 2006, 07:29 PM #4
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December 17th, 2006, 07:36 PM #5
Re: Open carry law
Try this.
OpenCarry.org
OpenCarry.org. "A right unexercised is a right lost" ...
www.opencarry.org/ - 2k - Cached - Similar pagesOpinions are like anal apertures. They all stink but mine.
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December 17th, 2006, 07:49 PM #6Member
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December 17th, 2006, 07:58 PM #7
Re: Open carry law
Here is a copy of what Steve posted a while back on Glocktalk.
This is taken from a well known court case; Commonwealth v Hawkins, and it is an excerpt taken from the rulings of the case:
(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, ___ Pa. ___, ___, 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).
Philly is a city of the first class (the only one in Pa) and a Lic To Carry Firearms is required for either open or concealed carry.
Hope this helps
27Last edited by 27hand; December 17th, 2006 at 08:00 PM. Reason: change
Opinions are like anal apertures. They all stink but mine.
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December 17th, 2006, 08:00 PM #8Active Member
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December 17th, 2006, 08:04 PM #9Grand Member
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Re: Open carry law
you are correct that counties, cities, etc. cannot make their own laws.
it is actually not a contradiction because the state legislature made the law that you need to have a license to carry in philly. it is part of fthe PA Uniform Firearms Act. you can dowlonad the PA UFA from the BATFE website.
the URL is:
http://www.atf.gov/firearms/statelaw...nnsylvania.pdf
the section you want is section 6108 "Carrying firearms on publice streets or public property in Philadelphia"
techinically, it applies to all "cities of the first class", but philly is the only "city of the first class" in PA.
also, just fyi, the pre-emption clause (the part that says counties, etc. cannot make their own gun laws) is section 6120 "Limitation on the regulation of fireamrs and ammunition"
(ETA: 27 hand beat me to it...i was busy looking up the BATFE URL and did not see his post before i finished mine.)Last edited by LittleRedToyota; December 17th, 2006 at 08:07 PM.
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December 17th, 2006, 08:08 PM #10Member
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