LTCF procurement + Open Carry in Car?

[mystikast]

Hello all,

Back in 2010 I was convicted of two counts of [same day]:

M 35 § 780-113 §§A16 Int Poss Contr Subst By Per Not Reg
M 35 § 780-113 §§A16 Int Poss Contr Subst By Per Not Reg

for a small amount of drug possession when I was in college. I was sentenced to 1 year probation. I can still own firearms (from what I understand) and from what I understand can open carry, however my LTCF was revoked as a result of this incident.

The problem I run into with open-carrying is that, being in the suburbs, I need to drive everywhere, and I cannot open carry in my car from my understanding. So I have to walk everywhere or leave my firearm at home.

I've been told I cannot get a LTCF again (I am in Delaware county)in Pennsylvania; this was an attorney I spoke to so I trust his advice. However, it still greatly upsets me so I need to ask.

Is there anything I can do? I feel naked without protection.

Thank you in advance for any help you may offer.

EDIT: This is my only conviction, I have no other disqualifying offenses (such as a 302 or anything)

1 35 § 780-113 M Int Poss Contr Subst By Per Not Reg Guilty Plea
Probation 1 Year Min: 1 Year(s) Max: 1 Year(s)
2 35 § 780-113 M Int Poss Contr Subst By Per Not Reg Guilty Plea
No Further Penalty

[t1066]

Off the top of my head, I believe a pardon and expungment would take care of that for you. However, you would need to talk to a lawyer to make sure. And if you are going to go for a pardon, you had better wait at least another 6 years before trying if you plan on having a good chance of success.

Talking to a good lawyer who deals with stuff like this (Like Gunlawyer001 here) would be a good idea, because they can map out a plan that will help you be more likely to get a successful outcome when the time is right.

Good luck!

[mystikast]

Thank you for your input.

It does seem a pardon is the only way.

Please don't think less of me for asking this, but:

is there a way to get an LTC/CCW in another state that will allow me to concealed carry in PA

or

is there a way around the driving/vehicle thing so I can open carry?

[t1066]

Not that I'm aware of. Thanks to the AG and some court cases, my understanding is the only way for a PA resident to carry in a vehicle in with a PA LTCF or for an exempt purpose (to and from range, etc..) with no stops.

[Fortytwo]

is there a way to get an LTC/CCW in another state that will allow me to concealed carry in PA

or

is there a way around the driving/vehicle thing so I can open carry?

Here is a sticky from the Concealed and Open Carry sub-forum:

READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania
http://forum.pafoa.org/concealed-ope...nsylvania.html

In particular: "Openly or concealed does NOT matter to vehicles, nor does its loaded or unloaded status, only the fact that there is a "firearm"(handgun, SBS, SBR) in, on, or upon a vehicle. Any device that is used to transport people is a vehicle. Yes, that includes horses, bicycles, motorcycles, boats, trains, airplanes, cars, trucks, trolleys, etc, etc. YOU NEED A LICENSE TO TRANSPORT A HANDGUN IN, ON, OR UPON A VEHICLE UNLESS YOU ARE GOING TO/FROM ONE OF THE EXEMPTED LOCATIONS IN 18.61.6106.(B). If you have a LTCF, or a license/permit from any other state, you can transport(carry) a loaded or unloaded "firearm" in, on, or upon a vehicle in PA. Without a license you cannot transport an unloaded "firearm" in a vehicle just for the mere practice of open carry."

So, yes, you should be able to carry in a vehicle with an out-of-state license. INAL

[Curmudgeon]

Here is a sticky from the Concealed and Open Carry sub-forum:

READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania
http://forum.pafoa.org/concealed-ope...nsylvania.html

In particular: "Openly or concealed does NOT matter to vehicles, nor does its loaded or unloaded status, only the fact that there is a "firearm"(handgun, SBS, SBR) in, on, or upon a vehicle. Any device that is used to transport people is a vehicle. Yes, that includes horses, bicycles, motorcycles, boats, trains, airplanes, cars, trucks, trolleys, etc, etc. YOU NEED A LICENSE TO TRANSPORT A HANDGUN IN, ON, OR UPON A VEHICLE UNLESS YOU ARE GOING TO/FROM ONE OF THE EXEMPTED LOCATIONS IN 18.61.6106.(B). If you have a LTCF, or a license/permit from any other state, you can transport(carry) a loaded or unloaded "firearm" in, on, or upon a vehicle in PA. Without a license you cannot transport an unloaded "firearm" in a vehicle just for the mere practice of open carry."

So, yes, you should be able to carry in a vehicle with an out-of-state license. INAL

FortyTwo, that particular part of the sticky is outdated and no longer true, as it no longer applies to PA residents, only nonresidents. The result of recent case law. Bad case law at that. Unfortunately I do not have a source to cite for this. Perhaps someone can step in later this morning and fill in the blank?

[Remington788]

Aren't drug related conviction prohibiting in most states or at a federal level?

Ps. This is a question, not trolling. I do not know the answer.

[twency]

FortyTwo, that particular part of the sticky is outdated and no longer true, as it no longer applies to PA residents, only nonresidents. The result of recent case law. Bad case law at that. Unfortunately I do not have a source to cite for this. Perhaps someone can step in later this morning and fill in the blank?

From Commonwealth v. Mckown:

In construing the Act to give effect to all of its provisions, we hold that a Pennsylvania resident who does not have a valid Pennsylvania license issued under the Pennsylvania Uniform Firearms Act may not carry a firearm in a vehicle or concealed on or about his person in Pennsylvania under the authority of a permit issued by another state that has reciprocity with Pennsylvania.

Bad case law, in the opinion of pretty much everyone except the judge who wrote it, but that's the law at present nonetheless.

[mystikast]

Thank you for this information everyone!

Aren't drug related conviction prohibiting in most states or at a federal level?

Sadly it seems so! One night of a bit of cocaine in college trying to get with a pretty girl means a life of not being able to carry

As far as the vehicle thing is concerned, seems like a way for them to get us to leave our guns at home

[libra8]

May be a little extreme(but your only option) you can transport a long gun in a vehicle without a LTCF. And you can OC a long gun.