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Thread: Philadelphia Open Carry Loophole
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April 20th, 2018, 01:46 AM #1
Philadelphia Open Carry Loophole
So to make clear I'm only making this thread since I found this to be an interesting gap in the law; I don't suggest anyone actually go out and do this because even though under the letter of the law it's theoretically legal, it'sa untested area and you are likely going to get arrested and charged; So unless you want to take the risk of being the test case and all that comes with that for this, don't do it.
That said, I was doing some legal research and I found that in the 1970s there was a case over the definition of a firearm, in which the Supreme Court of Pennsylvania ruled in Commonwealth v. Todd (1978) for purposes of Title 18, Chapter 61, that unless a specific section in question has a different definition of a firearm, the definition provided by Sec. 6102 is the binding and authoritative one and that any gun not meeting that definition are exempt; thus sets the stage for this thread; for the purposes of PA law the definition of a "firearm" is, for pistols and revolvers, is a barrel length of less than 15 inches or a overall length of less than 26 inches; thus meaning any AR pistol with a 16 inch barrel would be exempt from Sec. 6108; since by definition it's not a "firearm" per PA law, and it's not a rifle or a shotgun under the common dictionary definition. (Just for the record using this loophole for rifles and shotguns was shot down by the Supreme Court in Commonwealth v. Pope (1973))
In the instant appeal appellant challenges the sufficiency of the evidence to support the firearms verdicts.[2] In its opinion disposing of appellant's written post-trial motions, the trial court ruled that the evidence was sufficient to support the firearms verdict. For the following reasons, we disagree and therefore reverse the judgment of sentence entered on that verdict and discharge appellant as to the firearms counts.
The relevant provisions of the Uniform Firearms Act (Act) are as follows:
No person who has been convicted in this Commonwealth or elsewhere of a crime of violence shall own a firearm, or have one in his possession or under his control. 18 Pa. C.S.A. § 6105 (1973).
[3] (a) Offense defined. No person shall carry a firearm in any vehicle or concealed on or about his person, except in his place of abode or fixed place of business, without a license therefor as provided in this subchapter. Id. § 6106(a).
Any pistol or revolver with a barrel less than 12 inches, any shotgun with a barrel less than 24 inches, or any rifle with a barrel less than 15 inches. Id. § 6102.Last edited by JosephDeNueces; April 21st, 2018 at 09:15 PM.
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April 20th, 2018, 01:50 AM #2
Re: Philadelphia Open Carry Loophole
Good luck.
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April 20th, 2018, 02:01 AM #3
Re: Philadelphia Open Carry Loophole
Texas is a long walk to Philly.
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April 20th, 2018, 06:14 AM #4
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April 20th, 2018, 04:40 PM #5
Re: Philadelphia Open Carry Loophole
Even if the law is in black and white and clear to see Philadelphia has the option to arrest you and make you go bankrupt defending yourself if they feel like it no matter what the law says.
Corruption is the default behavior of government officials. JPC
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April 20th, 2018, 04:59 PM #6
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April 20th, 2018, 05:58 AM #7
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April 20th, 2018, 06:07 AM #8
Re: Philadelphia Open Carry Loophole
I don't follow the logic here or the intended point of the OP.
How can you have any cookies if you don't drink your milk?
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