Firearm in vehicle exemption question.

**Pennsy Patriot** · January 11th, 2015, 12:44 PM

I read the following while continually trying to stay up to date on firearm law in PA:

13) Any person who is otherwise eligible to possess a firearm under this chapter and who is operating a motor vehicle which is registered in the person's name or the name of a spouse or parent and which contains a firearm for which a valid license has been issued pursuant to section 6109 to the spouse or parent owning the firearm.

So if my child, age 18 or older and eligible to own a firearm, drives my car somewhere and my loaded handgun is in the vehicle... He is not committing a crime?

Now I don't normally leave loaded handguns in my vehicles, but lets use this scenario:

I take my family swimming and I leave my pistol in the glovebox (locked or unlocked). My adult son, 18 yrs old, makes a run for sammiches using my vehicle and the firearm remained in the glovebox. I have a LTCF, the firearm was purchased and is owned by me, and the vehicle is registered to me. He is ok? The same would go for my wife driving it if she did not possess a LTCF?

**knight0334** · January 11th, 2015, 12:47 PM

That is the purpose of that legal passage. ...for when you, the licensee, leaves a "firearm" in YOUR vehicle, and either your spouse or child borrows YOUR vehicle.

It is to cover unintentional situations where your spouse/child unknowingly has in their immediate custody and control of a "firearm" in your vehicle.

**Pennsy Patriot** · January 11th, 2015, 12:50 PM

And a 17 year old would not be covered under this because they would be ineligible to own a firearm (under 18)?

**knight0334** · January 11th, 2015, 04:42 PM

Originally Posted by Pennsy Patriot

And a 17 year old would not be covered under this because they would be ineligible to own a firearm (under 18)?

A 17yo wouldn't be in violation of 18.61.6106(carrying concealed/in a vehicle), but he/she may possibly be in violation of 18.61.6110.1(possession by a minor).

18 Pa.C.S. § 6110.1: Possession of firearm by minor
(a) Firearm.--Except as provided in subsection (b), a person under 18 years of age shall not possess or transport a firearm anywhere in this Commonwealth.
(b) Exception.--Subsection (a) shall not apply to a person under 18 years of age:
(1) who is under the supervision of a parent, grandparent, legal guardian or an adult acting with the expressed consent of the minor's custodial parent or legal guardian and the minor is engaged in lawful activity, including safety training, lawful target shooting, engaging in an organized competition involving the use of a firearm or the firearm is unloaded and the minor is transporting it for a lawful purpose; or
(2) who is lawfully hunting or trapping in accordance with 34 Pa.C.S. (relating to game).
(c) Responsibility of adult.--Any person who knowingly and intentionally delivers or provides to the minor a firearm in violation of subsection (a) commits a felony of the third degree.
(d) Forfeiture.--Any firearm in the possession of a person under 18 years of age in violation of this section shall be promptly seized by the arresting law enforcement officer and upon conviction or adjudication of delinquency shall be forfeited or, if stolen, returned to the lawful owner.

**Deleted** · January 11th, 2015, 06:53 PM

Originally Posted by knight0334

A 17yo wouldn't be in violation of 18.61.6106(carrying concealed/in a vehicle), but he/she may possibly be in violation of 18.61.6110.1(possession by a minor).

"Any person who is otherwise eligible" a minor is not otherwise eligible.

**abner13** · January 11th, 2015, 07:23 PM

Are we talking loaded?

A lone 17yr old in a vehicle with a loaded handgun , oh my!

**Pennsy Patriot** · January 11th, 2015, 07:46 PM

No, we're talking hypothetical, I already knew the answer as under 18 makes a person ineligible to own a firearm. I just thought it worth throwing out there for verification in case someone were reading this and needed to know that.

Although a well raised 17 year old would not concern me. They can own rifles and shotguns and we trust them behind the wheel of an automobile, but that's off topic.

Originally Posted by abner13

Are we talking loaded?

A lone 17yr old in a vehicle with a loaded handgun , oh my!

**abner13** · January 11th, 2015, 09:05 PM

Yeah , I was only talking legal aspects , but emphasized by today's political climate.

Myself , I got my first .22 pistol at 15 and my first centerfire at 17. Spent many long hours in the woods behind our house with them , all by myself.

There's a difference between well-raised kids taught respect for themselves , others and firearms , as opposed to kids who don't have a clue as to who's their daddy.

But the laws are based on , who?