Pennsylvania Firearm Owners Association
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  1. #11
    Join Date
    Dec 2006
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    Bucks, Pennsylvania
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    Default Re: Here is a doozie- Non- resident, property owner, keeping firearms and getting a C

    Quote Originally Posted by Fayette Patriot View Post
    Would PA Title 18 § 6106 not cover transport to and from the vacation home?

    It states: "(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....."

    http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?
    txtType=HTM&ttl=18&div=0&chpt=61&sctn=6&subsctn=0
    You would be relying more on this, when going to the range from the PA home:

    (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.

    Para (4) doesn't incorporate a specific "from home" requirement, just "going to or from the range". Para (8) has a lot more traps in it.

    There was a fellow some years ago who was charged and convicted under § 6106, "Firearms not to be carried without a license", because he stopped for dinner on the way back from the range. The court held that he still possessed them in his vehicle, but he was no longer engaged in going to or from the range. He had gone jaunting off to dinner, which is a separate trip.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  2. #12
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    Jan 2009
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    New Castle County, Delaware
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    Default Re: Here is a doozie- Non- resident, property owner, keeping firearms and getting a C

    Quote Originally Posted by Coops View Post
    The only issue I see is getting the guns you buy in NJ across the border legally.
    There seems to be no provision for transporting guns to a vacation home. ....
    Federal law can protect you...
    https://www.law.cornell.edu/uscode/text/18/926A
    IANAL. I don't give legal advice. I'm only stating my OPINION.
    (Did I really need to say that on an Internet forum? LOL)

  3. #13
    Join Date
    Apr 2007
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    Pennsyltucky, Pennsylvania
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    Default Re: Here is a doozie- Non- resident, property owner, keeping firearms and getting a C

    Quote Originally Posted by SigForLife View Post
    Yes, and I've helped numerous people obtain their dual resident LTCF

    Wouldn't the OP need a Pa DL?
    He may be eligible to do so, but wouldn't he then need to surrender his NJ DL?


    ETA: or county ID ETC
    Last edited by God's Country; September 10th, 2018 at 07:12 PM.

  4. #14
    Join Date
    Jan 2013
    Location
    Richboro, Pennsylvania
    (Bucks County)
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    Default Re: Here is a doozie- Non- resident, property owner, keeping firearms and getting a C

    The problem with the NJ statutes is that it assumes you only have one residence. I guess property taxes / housing costs are so high there it is not usually an issue.

  5. #15
    Join Date
    Jan 2011
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    Oh so close to the Delaware River!, New Jersey
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    Default Re: Here is a doozie- Non- resident, property owner, keeping firearms and getting a C

    I believe your nonresident carry permits will allow you to carry firearms in your car while in Pennsylvania. Thanks to the Governor Wolf, Pennsylvania is in a perpetual state of emergency due to opiates, so open carry is not an options at tbis time.
    ...and they have a plan...

  6. #16
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
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    51
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    Default Re: Here is a doozie- Non- resident, property owner, keeping firearms and getting a C

    Quote Originally Posted by Boots_DE View Post
    Nope.

    FOPA only protects you through intermediate states.

    You first have to be legal in the beginning and ending states. And since transporting through the beginning state(NJ) from his home to the PA/NJ state line is illegal, FOPA wouldn't cover you even if there was an intermediate state.

    The only way he would be covered while in NJ is if he drove directly to a range or gunsmith in PA, then to his PA dwelling. And FOPA still wouldn't be a factor.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  7. #17
    Join Date
    Mar 2016
    Location
    Eastern, Pennsylvania
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    Default Re: Here is a doozie- Non- resident, property owner, keeping firearms and getting a C

    Quote Originally Posted by knight0334 View Post
    Nope.

    FOPA only protects you through intermediate states.

    You first have to be legal in the beginning and ending states. And since transporting through the beginning state(NJ) from his home to the PA/NJ state line is illegal, FOPA wouldn't cover you even if there was an intermediate state.

    The only way he would be covered while in NJ is if he drove directly to a range or gunsmith in PA, then to his PA dwelling. And FOPA still wouldn't be a factor.
    Easy coverage on that account would be to purchase a PA range use license and if pulled over, and firearms are discovered, state your going to "xyz" state game lands range. Once over the border, nj police no longer have jurisdiction.

  8. #18
    Join Date
    Sep 2018
    Location
    Uniontown, Pennsylvania
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    Default Re: Here is a doozie- Non- resident, property owner, keeping firearms and getting a C

    Quote Originally Posted by knight0334 View Post
    Nope.

    FOPA only protects you through intermediate states.

    You first have to be legal in the beginning and ending states. And since transporting through the beginning state(NJ) from his home to the PA/NJ state line is illegal, FOPA wouldn't cover you even if there was an intermediate state.

    The only way he would be covered while in NJ is if he drove directly to a range or gunsmith in PA, then to his PA dwelling. And FOPA still wouldn't be a factor.
    Not seeing where "states" is called for under the federal law. To me it only identifies places where possession is legal: "shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm". Clearly possession would be legal at the home and vacation home, correct? And I don't want to push this as a defense, I just want to clearly understand what it says.

  9. #19
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    Jan 2009
    Location
    New Castle County, Delaware
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    Default Re: Here is a doozie- Non- resident, property owner, keeping firearms and getting a C

    Quote Originally Posted by knight0334 View Post
    Nope.

    FOPA only protects you through intermediate states.

    You first have to be legal in the beginning and ending states. And since transporting through the beginning state(NJ) from his home to the PA/NJ state line is illegal, FOPA wouldn't cover you even if there was an intermediate state.

    Quote Originally Posted by FOPA
    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
    (Added Pub. L. 99–360, § 1(a), July 8, 1986, 100 Stat. 766.) [Emphasis added]
    He may legally possess and carry his firearms in his NJ home, and also in his house in PA. Therefore, FOPA will protect him from adverse NJ laws from the time he leaves his NJ home until he arrives at any other place where he can lawfully possess and carry his firearms. BTW, nothing in FOPA mentions "intermediate" States, although those States may be part of the FOPA protected trip.
    IANAL. I don't give legal advice. I'm only stating my OPINION.
    (Did I really need to say that on an Internet forum? LOL)

  10. #20
    Join Date
    Jun 2017
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    Rheems, Pennsylvania
    (Lancaster County)
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    Default Re: Here is a doozie- Non- resident, property owner, keeping firearms and getting a C

    Poofa as a general consensus doesn't appreciate NJ folks coming to freedom as visitors with guns, so FOPA has been deemed to not cover visitors from NJ. Its not worth arguing over.

    Do what you feel is correct as to the law.
    Una Salus Victis Nullam Sperare Salutem

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