Pennsylvania Firearm Owners Association
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  1. #1
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    Default 19y/o open carry question

    Okay, so I have been researching all day and can't seem to find a definite answer regarding this topic. I am 19 living in Delaware County PA.

    The questions I have are regarding carry a handgun and owning one.

    From what I've read so far, I've learned that although it is illegal to PURCHASE A handgun, it's not illegal to OWN a handgun. So for a 19 year old, the only ways to OWN a handgun is through a transfer with sheriff's departments OR having it being gifted through a parent or grandparent.

    My first question is this. I currently have a handgun that my dad purchased. For me to OWN this gun, is any paperwork needed or can I just say it's mine?

    If the answer to that question is that nothing more is required, can I open carry this handgun, unloaded, around?

    Could I also open carry a LOANED handgun from my brother?


    Now, if none of that is legal, I will purchase a sportsman's permit for which I can carry hunting/fishing/ and trapping. The one thing I read was that it must be a LEGAL gun. Does this mean that the handgun I choose to carry must be in my name or can it be a gifted gun from my father? If the gun doesn't have to be in my name, could I carry a LOANED handgun from my brother with a sportsman's permit?

    If anyone could clear these topics up for me, PLEASE do. I don't want to get myself into any trouble.
    Last edited by Tjplatt2; March 27th, 2016 at 08:57 PM.

  2. #2
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    Default Re: 19y/o open carry question

    Quote Originally Posted by Tjplatt2 View Post
    I currently have a handgun that my dad purchased. For me to OWN this gun, is any paperwork needed or can I just say it's fine?
    If DAD/MOM gave you the gun its yours NO PAPERWORK/TRANSFER is OK and 100% legal. <---GIVEN YOU ARE NOT A PROHIBITED PERSON.

    Quote Originally Posted by Tjplatt2 View Post
    Could I also open carry a LOANED handgun, from my brother?
    NO. Only those who have a valid LTCF can receive a loaned firearm from somebody. However you may loan the gun your dad gave to you to a LTCF holder. Only the receiver of the loan needs a LTCF.
    Last edited by IIIIIREPOIIIII; March 27th, 2016 at 08:21 PM.
    People always ask me why i never smile.
    I TELL THEM IT'S BECAUSE MY CORPSE IS STILL BREATHING AND THEY DON'T FUCKING GET IT!

  3. #3
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    Default Re: 19y/o open carry question

    [QUOTE=IIIIIREPOIIIII;3272559]If DAD/MOM gave you the gun its yours NO PAPERWORK/TRANSFER is OK and 100% legal. <---GIVEN YOU ARE NOT A PROHIBITED PERSON.


    Thank you for clearing this up. but now since that this gun would be mine, can I keep this handgun in my off-campus house next year at school. The reason I ask if I am not sure if it would have to be a "this gun is yours, as long as you still live with your parents" kindve deal. I will be living in a not-so-"pleasant" neighborhood so i would like some protection.

  4. #4
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    Default Re: 19y/o open carry question

    [QUOTE=Tjplatt2;3272582]
    Quote Originally Posted by IIIIIREPOIIIII View Post
    If DAD/MOM gave you the gun its yours NO PAPERWORK/TRANSFER is OK and 100% legal. <---GIVEN YOU ARE NOT A PROHIBITED PERSON.


    Thank you for clearing this up. but now since that this gun would be mine, can I keep this handgun in my off-campus house next year at school. The reason I ask if I am not sure if it would have to be a "this gun is yours, as long as you still live with your parents" kindve deal. I will be living in a not-so-"pleasant" neighborhood so i would like some protection.
    Mom Dad gave you the gun. Its your gun Period, end of conversation. As to if you can keep it in your place of abode is a private manner between your landlord and you. Hint, read your rental contract.
    USNRET '61-'81

  5. #5
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    Default Re: 19y/o open carry question

    okay thank you.

  6. #6
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    Default Re: 19y/o open carry question

    One last question, I read up on some of the transportation laws regarding like to and from a target range but does this mean I am not legally allowed to say transport this gun from my current house now, to my house next year in a vehicle where it would be in a case, unloaded? Or is it allowed since the car is registered under my fathers name who has a license to carry?

  7. #7
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    Default Re: 19y/o open carry question

    Quote Originally Posted by Tjplatt2 View Post
    One last question, I read up on some of the transportation laws regarding like to and from a target range but does this mean I am not legally allowed to say transport this gun from my current house now, to my house next year in a vehicle where it would be in a case, unloaded? Or is it allowed since the car is registered under my fathers name who has a license to carry?
    As to your question as I have highlighted your text in BOLD ... yes, provided that you are moving from one location in PA to another location in PA, without leaving PA.
    (Intrastate travel).

    IMPORTANT: Interstate ("state to state") travel is governed by Federal law via the Firearm Owners Protection Act - USC Title 18 Chapter 44 §926A.

    From Pennsylvania Title 18 Chapter 61 Subchapter A (known as the Uniform Firearms Act):

    § 6106. Firearms not to be carried without a license.
    (b) Exceptions.--The provisions of subsection (a) shall not
    apply to:


    (8) Any person while carrying a firearm which is not
    loaded and is in a secure wrapper from the place of purchase
    to his home or place of business
    , or to a place of repair,
    sale or appraisal or back to his home or place of business,
    or in moving from one place of abode or business to another
    or from his home to a vacation or recreational home or
    dwelling or back
    , or to recover stolen property under section
    6111.1(b)(4) (relating to Pennsylvania State Police), or to a
    place of instruction intended to teach the safe handling, use
    or maintenance of firearms or back or to a location to which
    the person has been directed to relinquish firearms under 23
    Pa.C.S. § 6108 (relating to relief) or back upon return of
    the relinquished firearm or to a licensed dealer's place of
    business for relinquishment pursuant to 23 Pa.C.S. § 6108.2
    (relating to relinquishment for consignment sale, lawful
    transfer or safekeeping) or back upon return of the
    relinquished firearm or to a location for safekeeping
    pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment
    to third party for safekeeping) or back upon return of the
    relinquished firearm.


    ... hope this helps ... stay safe ...

    NRA Certified Instructor / PA State Constable

  8. #8
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    Default Re: 19y/o open carry question

    Quote Originally Posted by Tjplatt2 View Post
    One last question, I read up on some of the transportation laws regarding like to and from a target range but does this mean I am not legally allowed to say transport this gun from my current house now, to my house next year in a vehicle where it would be in a case, unloaded? Or is it allowed since the car is registered under my fathers name who has a license to carry?
    §
    6106. Firearms not to be carried without a license.
    (a) Offense defined.--
    (1) Except as provided in paragraph (2), any person who
    carries a firearm in any vehicle or any person who carries a
    firearm concealed on or about his person, except in his place
    of abode or fixed place of business, without a valid and
    lawfully issued license under this chapter commits a felony
    of the third degree.
    (2) A person who is otherwise eligible to possess a
    valid license under this chapter but carries a firearm in any
    vehicle or any person who carries a firearm concealed on or
    about his person, except in his place of abode or fixed place
    of business, without a valid and lawfully issued license and
    has not committed any other criminal violation commits a
    misdemeanor of the first degree.(8) Any person while carrying a firearm which is not
    loaded and is in a secure wrapper from the place of purchase
    to his home or place of business, or to a place of repair,
    sale or appraisal or back to his home or place of business,
    or in moving from one place of abode or business to another
    or from his home to a vacation or recreational home
    You can transport from one place of abode to a new one as long as you do so unloaded and cased. That's one of the listed exceptions.

    As far as carrying without a license, you can open carry as long as you stay on foot. Don't get in or on any type of conveyance. You also can't do so in Philadelphia or during a state of emergency, which I believe we are still under. Also be aware of school zones, you can't carry within 1000 feet of any school.

    As far as owning, you are correct that a parent may gift you a firearm. Once it is gifted to you it's yours there isn't any other paper work involved. The problem arises if you are stopped by the police and they run the gun against their sales data base, it won't come back as being bought by you. You could have to prove it is actually yours if they confiscate it in order to get it back.

    Your brother can't loan you a firearm or gift one to you. It would have to be transferred to you and at 19 that would require a sheriff, which is something I don't think many if any actually do.

    If you really want to try and carry it openly, read and study the laws before hand. There are lots of pitfalls and a screw up can cost you your rights for the rest of your life. Personally my advice would be if you want it at your place for home protection that shouldn't be a problem. As for carrying, I would just wait it out until you can get a license. If you're 19, you've got less than two years to go. It seems like a long time now, but it will go quicker than you think and there are life long consequences if you get something wrong. Just my advice, whatever that's worth.

    Good luck to ya and welcome to the forum. Stick around and you can learn lots of good info here.

  9. #9
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    Default Re: 19y/o open carry question

    Of course this does not mean a police officer will not stop you, hassle you, remove your handgun until sucj=h a time that you can prove it is yours.

    And open carry ends the moment you get into or on a vehicle.
    troll Free. It's all in your mind.

  10. #10
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    Default Re: 19y/o open carry question

    thank you for all of that.

    I just wanted to know details about the open carry to just know. I really just wanted to do about the gifting portion of it and if it legally will allow me to keep it on my own. I do not plan on Open carrying until I get my sportsmans permit which I would still only use while fishing.

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