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

    Hello All, I coach a youth shooting team and I'm looking for answers to the following questions. I would really appreciate advice/help from any lawyers out there. I would like to put together a handout for my athletes and parents to reference.

    May an unaccompanied minor aged 16 or 17 possess and transport a cased and unloaded shotgun in a vehicle in Pennsylvania WHILE NOT specifically engaged in hunting or target practice?

    If not, may an unaccompanied minor aged 16 or 17 possess and transport a cased and unloaded shotgun in a vehicle in Pennsylvania WHILE specifically engaged in hunting or target practice?
    Head Coach, Mason-Dixon Clay Busters Youth Shotgun Team www.masondixonclaybusters.com

  2. #2
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    Default Re: Questions regarding unaccompanied minor transporting firearm

    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.
    (June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
    Nov. 22, 1995, P.L.621, No.66, eff. imd.)

    1995 Amendments. Act 17, 1st Sp.Sess., added section 6110.1
    and Act 66 amended subsec. (b).
    Cross References. Section 6110.1 is referred to in sections
    6105, 6115 of this title.
    Quote Originally Posted by cdi View Post
    A drop leg holster? A big clue indicating an Operator operating operationally, of course.

  3. #3
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    Default Re: Questions regarding unaccompanied minor transporting firearm

    Quote Originally Posted by Gun View Post
    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.
    (June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
    Nov. 22, 1995, P.L.621, No.66, eff. imd.)

    1995 Amendments. Act 17, 1st Sp.Sess., added section 6110.1
    and Act 66 amended subsec. (b).
    Cross References. Section 6110.1 is referred to in sections
    6105, 6115 of this title.
    That above only regulates "firearms"(handguns, SBS, SBR).


    There is NO law in PA regulated minors + long guns for carrying or transporting other than what applies to the general populous. ...ie; no loaded long guns in vehicles, state of emergency and Philly requiring a LTCF, school grounds(state), school zone(fed), etc, etc.

    A minor is legally allowed to transport a long gun(rifle/shotgun) in a vehicle unloaded. He she may also carry it openly or concealed without a license outside of Philly and absent a state of emergency.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger.

  4. #4
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    Default Re: Questions regarding unaccompanied minor transporting firearm

    (2) who is lawfully hunting or trapping in accordance
    with 34 Pa.C.S. (relating to game).
    Definition of Firearm under Title 34;

    "Firearm." An instrument used in the propulsion of shot, shell, bullet or any other object by the action of gunpowder exploded, explosive powder, the expansion of gas or the force of a mechanical device under tension.
    (1) "Automatic." Any firearm which discharges more than once with a single pull of the trigger.
    (2) "Semiautomatic." Any firearm which reloads without aid of the shooter, but fires only once with a single pull of the trigger.
    I think this answers his question. IANAL.
    Quote Originally Posted by cdi View Post
    A drop leg holster? A big clue indicating an Operator operating operationally, of course.

  5. #5
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    Default Re: Questions regarding unaccompanied minor transporting firearm

    Quote Originally Posted by Gun View Post
    Definition of Firearm under Title 34;



    I think this answers his question. IANAL.
    Title 34 applies to Game Laws.


    For mere transporting and possession for non-hunting, the UFA is applicable.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger.

  6. #6
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    Default Re: Questions regarding unaccompanied minor transporting firearm

    Quote Originally Posted by Gun View Post
    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.
    (June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
    Nov. 22, 1995, P.L.621, No.66, eff. imd.)

    1995 Amendments. Act 17, 1st Sp.Sess., added section 6110.1
    and Act 66 amended subsec. (b).
    Cross References. Section 6110.1 is referred to in sections
    6105, 6115 of this title.
    I have read this 100 times before I posted my question....

    The" who is under the supervision of a parent," part gets me.... does a parent need to be with the minor if they are not Hunting???
    Head Coach, Mason-Dixon Clay Busters Youth Shotgun Team www.masondixonclaybusters.com

  7. #7
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    Default Re: Questions regarding unaccompanied minor transporting firearm

    Quote Originally Posted by roger8918 View Post
    I have read this 100 times before I posted my question....

    The" who is under the supervision of a parent," part gets me.... does a parent need to be with the minor if they are not Hunting???
    Since the firearm in question is not a "firearm", that portion of law has no bearing. That law only regulates "firearms", ie: handguns, SBS's, and SBR's.

    While hunting, or going to/from hunting locations, the Game Laws matter.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger.

  8. #8
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    Default Re: Questions regarding unaccompanied minor transporting firearm

    Under 6106, exception (b)(4)

    (4) Any persons engaged in target shooting with a firearm, if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the firearm is not loaded.
    and the definition;

    (e) Definitions.--
    (1) For purposes of subsection (b)(3), (4), (5), (7) and (8), the term "firearm" shall include any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of the weapon.
    for a minor, I would go with this. As before stated, IANAL.

    To Edit; I've read this before and thought it meant that one could not clearly transport or carry a long gun without either the Game exception, OR this exception.
    Last edited by Gun; June 25th, 2017 at 03:49 PM.
    Quote Originally Posted by cdi View Post
    A drop leg holster? A big clue indicating an Operator operating operationally, of course.

  9. #9
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    Default Re: Questions regarding unaccompanied minor transporting firearm

    Quote Originally Posted by Gun View Post
    Under 6106, exception (b)(4)



    and the definition;



    for a minor, I would go with this. As before stated, IANAL.

    To Edit; I've read this before and thought it meant that one could not clearly transport or carry a long gun without either the Game exception, OR this exception.
    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.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger.

  10. #10
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    Default Re: Questions regarding unaccompanied minor transporting firearm

    Yes, and when I brought this up before, I believe you stated the same thing. It's been awhile.
    Quote Originally Posted by cdi View Post
    A drop leg holster? A big clue indicating an Operator operating operationally, of course.

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