Pennsylvania Firearm Owners Association
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  1. #11
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    Default Re: Questions regarding unaccompanied minor transporting firearm

    Quote Originally Posted by knight0334 View Post
    Yeah, the problem with that is that 6106(a), which is the controlling clause, only regulates "firearms" as defined under 6102. So, if only "firearms", as defined under 6102, is regulated for the purposes of carrying concealed or vehicle transporting - then the exemptions under 6106(b) exempts you from NOTHING.

    An act has to be first prohibited for an exemption to mean anything. 6106(a) prohibits carrying concealed and vehicle transporting of 6102's firearms.
    Yet again I can hear the anti-gun folks saying "Can't you just follow the law? How hard can it be?"

    <sigh>

  2. #12
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    Franklin, Pennsylvania
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    Default Re: Questions regarding unaccompanied minor transporting firearm

    Terms can be redefined in various chapters and subchapters. Under LTCF statutes, the law defines a firearm basically as a handgun or short barreled rifle (SBR) or short barreled shotgun (SBS). But firearm is defined differently under Chapter 34. So one has to be careful when reading various sections. This is what Knight is alluding to. IANAL either but have looked at all facets before.

    And this does not even touch upon case law where the courts redefine what words mean so they can bend the interpretation of law more to their liking rather than what the law actually says (whether intended or not). For example, "any person" does not mean "any person" it 'clearly' means "any person not from Pennsylvania" per the court who wanted to ensure they ensnared Hobson McGowen (sic?) albeit ex post facto.
    It is you. You have all the weapons that you need. Now fight. --Sucker Punch

  3. #13
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    Chester County, Pennsylvania
    (Chester County)
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    Default Re: Questions regarding unaccompanied minor transporting firearm

    Quote Originally Posted by knight0334 View Post
    Yeah, the problem with that is that 6106(a), which is the controlling clause, only regulates "firearms" as defined under 6102. So, if only "firearms", as defined under 6102, is regulated for the purposes of carrying concealed or vehicle transporting - then the exemptions under 6106(b) exempts you from NOTHING.

    An act has to be first prohibited for an exemption to mean anything. 6106(a) prohibits carrying concealed and vehicle transporting of 6102's firearms.
    I've speculated that the expanded definition of "firearm" in 6106(e) was to make certain exemptions in (b) that relied on the word "firearm" effective for long arms when carrying in Philadelphia or during a state of emergency, since 6107 and 6108 rely on 6106's exemption list but also restrict carrying rifles and shotguns.

    Interpreting it this way, prior to (e) being enacted, anyone who lived in Philadelphia could not legally take a normal length rifle home after purchasing it because 6108 prohibits carrying rifles in public in Philly, but the exemption in (b)(8) only applied to "firearms", not to rifles.
    Last edited by Deadpan; June 26th, 2017 at 01:37 AM. Reason: clarity

  4. #14
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    Erie, Pennsylvania
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    Default Re: Questions regarding unaccompanied minor transporting firearm

    Quote Originally Posted by knight0334 View Post
    Yeah, the problem with that is that 6106(a), which is the controlling clause, only regulates "firearms" as defined under 6102. So, if only "firearms", as defined under 6102, is regulated for the purposes of carrying concealed or vehicle transporting - then the exemptions under 6106(b) exempts you from NOTHING.

    An act has to be first prohibited for an exemption to mean anything. 6106(a) prohibits carrying concealed and vehicle transporting of 6102's firearms.
    I thought a little bit more about what you stated.

    Even though there is nothing to prohibit what we discussed, a leo might still cite, but an over zealous ADA would not be able to get pass that exemption if the party involved was doing exactly as the exemption stated.

    Again, IANAL, but I did watch every episode of Law and Order.
    Quote Originally Posted by cdi View Post
    A drop leg holster? A big clue indicating an Operator operating operationally, of course.

  5. #15
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    Coal twp, Pennsylvania
    (Northumberland County)
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    Default Re: Questions regarding unaccompanied minor transporting firearm

    Why not call the local PD?

  6. #16
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    Upper Darby, Pennsylvania
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    Default Re: Questions regarding unaccompanied minor transporting firearm

    Quote Originally Posted by CoalcrackerAl View Post
    Why not call the local PD?
    I'm going to assume you're new here and spare you the assault that is inevitably coming.

    Top 2 entries on the list of people to NEVER ask about gun laws:
    2. Gun store employees
    1. Cops

    I'd wager the average active member here knows WAY more about relevant firearm law than the majority of police. Throw in a handful of firearm lawyers here and our average goes even higher.

    Setting aside my opinion on the excessively complex and unconstitutional crock pile of laws under which we must operate, I don't think you're going to get a much better answer *anywhere* than you've already received here.

    Unfortunately, the ambiguities that may exist between the various sections of the statutes will be interpreted by a prosecutor and/or a judge if a cop who *thinks* he knows the law cites you. That's not reassuring, is it? Welcome to Living with Gun Laws 101.

    My 2
    IANAL

  7. #17
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    Jan 2007
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    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Questions regarding unaccompanied minor transporting firearm

    Quote Originally Posted by Sgt.K View Post
    I'm going to assume you're new here and spare you the assault that is inevitably coming.

    Top 2 entries on the list of people to NEVER ask about gun laws:
    2. Gun store employees
    1. Cops

    I'd wager the average active member here knows WAY more about relevant firearm law than the majority of police. Throw in a handful of firearm lawyers here and our average goes even higher.

    Setting aside my opinion on the excessively complex and unconstitutional crock pile of laws under which we must operate, I don't think you're going to get a much better answer *anywhere* than you've already received here.

    Unfortunately, the ambiguities that may exist between the various sections of the statutes will be interpreted by a prosecutor and/or a judge if a cop who *thinks* he knows the law cites you. That's not reassuring, is it? Welcome to Living with Gun Laws 101.

    My 2
    IANAL
    I'd wager that you have #1 and #2 in the wrong order. LOL!
    This space for rent. EM needs new tires! LOL!

  8. #18
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    Mar 2017
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    Coal twp, Pennsylvania
    (Northumberland County)
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    Default Re: Questions regarding unaccompanied minor transporting firearm

    Thanks for the response. Still a newb lol.
    Member of Zerbe Township Rod & Gun Club.

  9. #19
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    Upper Darby, Pennsylvania
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    Default Re: Questions regarding unaccompanied minor transporting firearm

    Quote Originally Posted by Emptymag View Post
    I'd wager that you have #1 and #2 in the wrong order. LOL!
    Yeah, well... depends on the day...

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