Pennsylvania Firearm Owners Association
Page 2 of 2 FirstFirst 12
Results 11 to 19 of 19
  1. #11
    Join Date
    Aug 2015
    Location
    millerton, Pennsylvania
    (Tioga County)
    Posts
    39
    Rep Power
    0

    Default Re: question about carry permit

    Quote Originally Posted by Remington788 View Post
    Maybe someone from your local gun shop or range?
    I don't want to make someone uncomfortable, i am sure we will meet many great folks as time goes on and I plan to visit my lodge as soon as I can, I just feel that the whole idea of the county sheriff having so much power to avoid following state laws just ain't right

  2. #12
    Join Date
    Oct 2008
    Location
    Harrisburg area, Pennsylvania
    (Dauphin County)
    Posts
    4,683
    Rep Power
    21474851

    Default Re: question about carry permit

    Quote Originally Posted by BigHenry View Post
    I don't want to make someone uncomfortable, i am sure we will meet many great folks as time goes on and I plan to visit my lodge as soon as I can, I just feel that the whole idea of the county sheriff having so much power to avoid following state laws just ain't right
    You're right, the sheriff doesn't (shouldn't) have such power.

    Depending on your personality and interest level you could force the issue. Just submit the application with any two non-family references. There's nothing in state law that gives the sheriff the power to "not accept" an application. If you apply (and by handing over a completed application and the fee you are in fact applying) the sheriff is required by law to either issue you a permit or deny for good cause. "Non-county references" is not one of the reasons the sheriff may legally deny you for.
    I am not a lawyer. Nothing I say or write is legal advice.

  3. #13
    Join Date
    Dec 2012
    Location
    jersey shore, Pennsylvania
    (Lycoming County)
    Posts
    5,074
    Rep Power
    21474848

    Default Re: question about carry permit

    Quote Originally Posted by twency View Post
    You're right, the sheriff doesn't (shouldn't) have such power.

    Depending on your personality and interest level you could force the issue. Just submit the application with any two non-family references. There's nothing in state law that gives the sheriff the power to "not accept" an application. If you apply (and by handing over a completed application and the fee you are in fact applying) the sheriff is required by law to either issue you a permit or deny for good cause. "Non-county references" is not one of the reasons the sheriff may legally deny you for.
    ^^^this^^^
    If he denies you because your references are not county residents you will more than likely win on appeal. It will require time and some money to go that route, but it would work. This isn't the first time this has been brought up on this forum about the tioga sheriff if my recollection is correct. It seems no one has really challenged him on it yet.

  4. #14
    Join Date
    Aug 2015
    Location
    millerton, Pennsylvania
    (Tioga County)
    Posts
    39
    Rep Power
    0

    Default Re: question about carry permit

    I consider myself a nice guy and don't really like to rock the boat but I also am known to stand my ground so I will apply and see what happens....I just don't want to be without a permit for long i will feel naked. I still have my Ga permit and even though my home is Pa now I still own my homes in Ga so I guess its still good?

  5. #15
    Join Date
    Dec 2012
    Location
    jersey shore, Pennsylvania
    (Lycoming County)
    Posts
    5,074
    Rep Power
    21474848

    Default Re: question about carry permit

    Quote Originally Posted by BigHenry View Post
    I consider myself a nice guy and don't really like to rock the boat but I also am known to stand my ground so I will apply and see what happens....I just don't want to be without a permit for long i will feel naked. I still have my Ga permit and even though my home is Pa now I still own my homes in Ga so I guess its still good?
    In the interim you could always open carry. Your GA permit should cover you for carrying in your vehicle and open carry is legal without the license anywhere except Philly on foot. You would have to avoid school zones also doing it this way.

  6. #16
    Join Date
    Oct 2008
    Location
    Harrisburg area, Pennsylvania
    (Dauphin County)
    Posts
    4,683
    Rep Power
    21474851

    Default Re: question about carry permit

    Quote Originally Posted by BigHenry View Post
    I consider myself a nice guy and don't really like to rock the boat but I also am known to stand my ground so I will apply and see what happens....I just don't want to be without a permit for long i will feel naked. I still have my Ga permit and even though my home is Pa now I still own my homes in Ga so I guess its still good?
    Quote Originally Posted by R L Suehr View Post
    In the interim you could always open carry. Your GA permit should cover you for carrying in your vehicle and open carry is legal without the license anywhere except Philly on foot. You would have to avoid school zones also doing it this way.
    Unfortunately no, as a PA resident he may not carry in a vehicle without a PA license [unless meeting the enumerated exceptions of 18 Pa.C.S. 6106 (b), exclusive of (b)(11)]. In other words he could carry his firearm unloaded and wrapped to a dealer or a range or gunsmith, but generally not to most other places.

    A plain reading of exception (b)(11) suggests he should be able to carry in a vehicle using his GA permit, but the Superior Court held in Commonwealth v. McKown that a PA resident must hold a PA license to carry concealed or transport in a vehicle.

    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.

    The decision was ludicrous. It flew in the face of the plain language of the statute, that "any person" may carrying in any vehicle in PA with any state's permit. But the court has spoken, and for now we have to live with that case law until it's overturned or mooted.

    (Consider the absurdity of the court's decision though: if a PA resident truly must have a PA license to carry a firearm, that ought to invalidate the other 6106 (b) exceptions as they pertain to PA residents. Even PA resident police officers and federal agents would need to obtain a license issued under the UFA before they could legally carry in PA.)

    ______________________
    Edit: Added one word for clarity.
    Last edited by twency; August 24th, 2015 at 11:21 AM.
    I am not a lawyer. Nothing I say or write is legal advice.

  7. #17
    Join Date
    Aug 2015
    Location
    millerton, Pennsylvania
    (Tioga County)
    Posts
    39
    Rep Power
    0

    Default Re: question about carry permit

    Quote Originally Posted by twency View Post
    Unfortunately no, as a PA resident he may not carry in a vehicle without a PA license [unless meeting the enumerated exceptions of 18 Pa.C.S. 6106 (b), exclusive of (b)(11)]. In other words he could carry his firearm unloaded and wrapped to a dealer or a range or gunsmith, but generally not to most other places.

    A plain reading of exception (b)(11) suggests he should be able to carry in a vehicle using his GA permit, but the Superior Court held in Commonwealth v. McKown that a PA resident must hold a PA license to carry or transport in a vehicle.


    The decision was ludicrous. It flew in the face of the plain language of the statute, that "any person" may carrying in any vehicle in PA with any state's permit. But the court has spoken, and for now we have to live with that case law until it's overturned or mooted.

    (Consider the absurdity of the court's decision though: if a PA resident truly must have a PA license to carry a firearm, that ought to invalidate the other 6106 (b) exceptions as they pertain to PA residents. Even PA resident police officers and federal agents would need to obtain a license issued under the UFA before they could legally carry in PA.)
    It sounds like I need to carry rocks on my pickups floor I know Pa. has plenty of rocks...lol

  8. #18
    Join Date
    Oct 2008
    Location
    Harrisburg area, Pennsylvania
    (Dauphin County)
    Posts
    4,683
    Rep Power
    21474851

    Default Re: question about carry permit

    Quote Originally Posted by BigHenry View Post
    It sounds like I need to carry rocks on my pickups floor I know Pa. has plenty of rocks...lol
    Drive softly and carry a big stick.
    I am not a lawyer. Nothing I say or write is legal advice.

  9. #19
    Join Date
    Dec 2012
    Location
    jersey shore, Pennsylvania
    (Lycoming County)
    Posts
    5,074
    Rep Power
    21474848

    Default Re: question about carry permit

    Quote Originally Posted by twency View Post
    Unfortunately no, as a PA resident he may not carry in a vehicle without a PA license [unless meeting the enumerated exceptions of 18 Pa.C.S. 6106 (b), exclusive of (b)(11)]. In other words he could carry his firearm unloaded and wrapped to a dealer or a range or gunsmith, but generally not to most other places.

    A plain reading of exception (b)(11) suggests he should be able to carry in a vehicle using his GA permit, but the Superior Court held in Commonwealth v. McKown that a PA resident must hold a PA license to carry or transport in a vehicle.


    The decision was ludicrous. It flew in the face of the plain language of the statute, that "any person" may carrying in any vehicle in PA with any state's permit. But the court has spoken, and for now we have to live with that case law until it's overturned or mooted.

    (Consider the absurdity of the court's decision though: if a PA resident truly must have a PA license to carry a firearm, that ought to invalidate the other 6106 (b) exceptions as they pertain to PA residents. Even PA resident police officers and federal agents would need to obtain a license issued under the UFA before they could legally carry in PA.)
    I always forget about the stupid McKown ruling as pertaining to vehicle carry. I was thinking it was for concealed carry by a PA resident. My fault, thanks for the correction.

    Amazing how one asshole mixed with an overzealous judge can fuck up the plain wording of the law isn't it.

Page 2 of 2 FirstFirst 12

Similar Threads

  1. Carry permit question
    By Bluecollar86 in forum Concealed & Open Carry
    Replies: 9
    Last Post: April 2nd, 2012, 01:11 PM
  2. 2 part q: (1) carry at work question, (2) universal carry permit?
    By bjwk89 in forum Concealed & Open Carry
    Replies: 10
    Last Post: December 20th, 2011, 02:44 PM
  3. CONCEALED CARRY PERMIT QUESTION
    By dsawi52695 in forum Concealed Carry
    Replies: 11
    Last Post: August 2nd, 2010, 09:00 PM
  4. Non-resident carry permit question
    By Starchief in forum General
    Replies: 7
    Last Post: February 16th, 2009, 06:26 PM
  5. Carry permit Question
    By Mike717 in forum General
    Replies: 24
    Last Post: February 2nd, 2009, 10:48 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Local gun shops | Local shooting ranges | Philadelphia Shooting Ranges | Philadelphia Gun Shops | Pittsburgh Shooting Ranges | Pittsburgh Gun Shops