OC during a state of emergency

[Democrat Gun Owner]

Technically speaking, the entire state of Pennsylvania is under a state of emergency due to the recent diesel tanker accident/fire in the Harrisburg area.

Does the prohibition against OC in public during a state of emergency extend to those of us who have a LTCF? Does a state of emergency basically make the entire state Philadelphia? Or, is all public OC prohibited whether or not one has a LTCF?

Does the stat of emergency have any effect on concealed carry?

[ChamberedRound]

Technically speaking, the entire state of Pennsylvania is under a state of emergency due to the recent diesel tanker accident/fire in the Harrisburg area.

Does the prohibition against OC in public during a state of emergency extend to those of us who have a LTCF? Does a state of emergency basically make the entire state Philadelphia? Or, is all public OC prohibited whether or not one has a LTCF?

Does the stat of emergency have any effect on concealed carry?

The simple answer is Yes: a State of Emergency does essentially make the entire state of PA like Philly, in the sense that an LTCF is required to carry, OC or CC.

More specifically, a SoE prohibits ALL carry statewide, and then provides an exemption for those licensed to carry:

§ 6107. Prohibited conduct during emergency.
No person shall carry a firearm, rifle or shotgun upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:
Actively engaged in a defense of that person’s life or property from peril or threat.
Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).

[Tootie]

Just curious but were did you hear that PA is under a State of Emergency? I checked the PA Emergency Management Agency and nothing is active.

[Lendog]

Just curious but were did you hear that PA is under a State of Emergency? I checked the PA Emergency Management Agency and nothing is active.

Dauphin county bridge, may 9th........ http://www.portal.state.pa.us/portal...lamations/4725

[knight0334]

Technically speaking, the entire state of Pennsylvania is under a state of emergency due to the recent diesel tanker accident/fire in the Harrisburg area.

Does the prohibition against OC in public during a state of emergency extend to those of us who have a LTCF? Does a state of emergency basically make the entire state Philadelphia? Or, is all public OC prohibited whether or not one has a LTCF?

Does the stat of emergency have any effect on concealed carry?

During a SoE you must have a LTCF to carry any type of gun in any manner. If you have a LTCF then it really doesn't affect you.

A SoE doesn't completely outlaw OC, it just creates the same legal burdens as CC - needing a LTCF. The SoE burdens extend to rifles and shotguns.

Basically, when PA is in a SoE, it has the same burdens as a City of the First Class normally has.

[PAMedic=F|A=]

ChamberedRound

Thank you for the swift answer. Thanks to the OP for the question, I'd be wondering since my post the other day....

Guess we need to work on the State of Emergency issue.


Additional Question:

Since Long Arms (rifles, shotguns) are not considered firearms, does the prohibition on open carry apply to them.

If it does, does a hunting license provide an exemption? Or is carrying a deer rifle during deer season illegal under a state of emergency without a LTFC?

[twency]

ChamberedRound

Thank you for the swift answer. Thanks to the OP for the question, I'd be wondering since my post the other day....

Guess we need to work on the State of Emergency issue.


Additional Question:

Since Long Arms (rifles, shotguns) are not considered firearms, does the prohibition on open carry apply to them.

If it does, does a hunting license provide an exemption? Or is carrying a deer rifle during deer season illegal under a state of emergency without a LTFC?

For the purpose of that statute long arms are also firearms. The UFA is annoying that way. The same word, "firearm", is defined differently in different sections.

18 Pa.C.S. § 6107: Prohibited conduct during emergency

• (a) General rule.--No person shall carry a firearm upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:
  
  • (1) Actively engaged in a defense of that person's life or property from peril or threat.
  • (2) Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).
• (b) Seizure, taking and confiscation.--Except as otherwise provided under subsection (a) and notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any other provision of law to the contrary, no firearm, accessory or ammunition may be seized, taken or confiscated during an emergency unless the seizure, taking or confiscation would be authorized absent the emergency.
• (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
  
  • "Accessory." Any scope, sight, bipod, sling, light, magazine, clip or other related item that is attached to or necessary for the operation of a firearm.
  • "Firearm." The term includes any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any weapon.

I don't know the answer to your question re: carrying while hunting during a SOE.

[ChamberedRound]

Just curious but were did you hear that PA is under a State of Emergency? I checked the PA Emergency Management Agency and nothing is active.

Dauphin county bridge, may 9th........ http://www.portal.state.pa.us/portal...lamations/4725

I just got off the phone with someone at PEMA (I believe his name was Sean), and he and his supervisor told me PA is NOT in a statewide SoE. According to them, the Dauphin County Bridge accident resulted in a local disaster proclamation in order to release state funds for investigation of the incident and repair of the roadway. It was not a statewide emergency/disaster proclamation, as in the case of the Hurricane Sandy proclamation.

Since Long Arms (rifles, shotguns) are not considered firearms, does the prohibition on open carry apply to them.

Yes, An excerpt from the statute I quoted above (emphasis by me):

No person shall carry a firearm, rifle or shotgun...

If it does, does a hunting license provide an exemption? Or is carrying a deer rifle during deer season illegal under a state of emergency without a LTFC?

This is an interesting question, one which I don't have an answer to. My gut tells me the prohibition would apply to hunting, simply because I haven't seen any laws which suggest there's an exemption/exception for hunting. It does seem a bit crazy, however, given that the deer/rifle season that just passed took place within a statewide SoE, because the SoE for Hurricane Sandy went from 10/26/2012 - 1/15/2013.

[twency]

Yes, An excerpt from the statute I quoted above (emphasis by me):

No person shall carry a firearm, rifle or shotgun...

§ 6107 doesn't say that, instead you have to figure it out from the included definition. Were you maybe quoting an older version of the statute?

[knight0334]

Hunting is exempted under 6106(b)(9) for 6107's definition of "firearm".

6107 defines a firearm as:

"Firearm." The term includes any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any weapon.

Since 6107 creates the prohibition of carrying a 6107 defined "firearm", it also provides for 6106(b)'s exemptions to cover long guns as well.

So, if you are hunting during a SoE - a long gun is exemption to/during/from hunting under 6106(b)(9).