New Hampshire Non Resident

[knight0334]

So this doesn't make sense. If the agreement wasn't rewritten PA should still give full faith and credit to NH licenses regardless of where the permit holder is from.

There was a PA Superior Court ruling that declared that PA residents must have a PA LTCF.

You can thank a former PAFOA member for that..

[wew3]

Link to the Court ruling? I vaguely remember it but can't find it.

I think this is the one you are looking for:

http://www.pacourts.us/assets/opinio...0541774600.pdf

This was the Hobson case where the court ruled that a PA resident is not "any person".

http://forum.pafoa.org/showthread.php?t=235000


Bill

[Tequila Sunrise]

If you can legally carry in PA, the transport from NJ to PA is covered under FOPA.

Keep in mind that a lot of these guys don't want anybody from NJ carrying in PA. either. I went through this when Florida and Utah were legal there . But not one could produce one case study.

[gbrown221]

A friend of mine who still lives in PRNJ brought this to my attention yesterday.

Link to the reciprocity agreement below:
https://www.attorneygeneral.gov/uplo..._Agreement.pdf

I guess the bitch missed one.

As of Apri 16, 2018 The PA Attorney General has updated the agreement and only NH Residents can carry in PA with NH permit.

[knight0334]

As of Apri 16, 2018 The PA Attorney General has updated the agreement and only NH Residents can carry in PA with NH permit.

The AG also got Texas on the rewrites.. So, effectively, NO non-resident licensees will be able to carry in PA.

[sota]

Conceal carry. Open carry would still be legal (except in philthy,) however with the "state of emergency" declared for drugs there's still a huge question mark about if even THAT is valid.

[sota]

I'm trying to parse through all the twists and turns, but I *think* we're ok to open carry on a non-res license, by wording of § 6107(b)...

(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.

If the "emergency" didn't exist, we could open carry on NH or UT permits (I'm not sure about a VA non-res permit, since reciprocity was yanked from them.) So by that, the declared state of emergency is itself insufficient grounds to detain someone for open carry at this time.



IANAL so I welcome debate.

[tl_3237]

I'm trying to parse through all the twists and turns, but I *think* we're ok to open carry on a non-res license, by wording of § 6107(b)...

(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.

If the "emergency" didn't exist, we could open carry on NH or UT permits (I'm not sure about a VA non-res permit, since reciprocity was yanked from them.) So by that, the declared state of emergency is itself insufficient grounds to detain someone for open carry at this time.



IANAL so I welcome debate.

Your red highlight above is a Katrina-like safety valve to prohibit confiscation predominately from dwellings doing a SoE. OC during a SoE on public roads/property is prohibited:

§ 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).

unless you fall into the two listed exceptions. The subsection (b) that you reference offers no protection for OC on public property during SoE because its 1st clause

Except as otherwise provided under subsection (a)

defers to its predecessor subsection (a) which proscribes such conduct (without an exemption qualification). The necessity of an exemption would be sufficient for an investigatory stop by LE.

[sota]

Ok, then my question is, where's the language that says OC is legal period. Or is this a case of defacto legal because it's NOT EXPLICITLY ILLEGAL. For some reason I couldn't find the statute that affirmed OC as being legal on *any* valid permit, not just one issued by PA.

[mikelets456]

Ok, then my question is, where's the language that says OC is legal period. Or is this a case of defacto legal because it's NOT EXPLICITLY ILLEGAL. For some reason I couldn't find the statute that affirmed OC as being legal on *any* valid permit, not just one issued by PA.

While Pennsylvania has a specific law that requires a License To Carry Firearms for the concealed carry of a firearm, and the carry of firearms in vehicles, the law is silent on the legality of openly carrying a firearm in other situations, making it de-facto legal.

There is however a law that requires a License To Carry Firearms to carry either way in "cities of the first class", which as defined by law is only the city of Philadelphia.

18 Pa.C.S. § 6108: Carrying firearms on public streets or public property in Philadelphia
No person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless:
(1) such person is licensed to carry a firearm; or
(2) such person is exempt from licensing under section 6106(b) of this title (relating to firearms not to be carried without a license).
To summarize, open carry is legal in Pennsylvania without a License To Carry Firearms except in "cities of the first class" (Philadelphia) and vehicles where a License To Carry Firearms is required to do so.

With that said, we would like to point out that there is much debate among firearm owners about whether openly carrying firearms is really a good idea. While we will leave that choice to the individual we will state that in many urban areas (namely Philadelphia) doing so will draw unwanted attention from law enforcement that may include (but not be limited to) the following repercussions:

Being stopped and questioned by law enforcement.
Having your License To Carry Firearms seized and sent back for revocation.
Being arrested either improperly or for other charges like disturbing the peace or creating a public nuisance.
While this may not happen should you choose to carry openly, many urban law enforcement officers we have talked to have expressed a very negative opinion towards the idea. Some have suggested that law enforcement will do everything in their power to make your life difficult should you choose to.
http://www.pafoa.org/law/carrying-firearms/open-carry/