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Thread: H.B. 2669

  1. #31
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    Default Re: H.B. 2669

    Quote Originally Posted by jim-analog View Post
    Greetings,

    Would someone who understands this a bit more please help me to clarify this portion of the bill?

    "The provisions of this section shall
    not apply to persons excepted from the requirement of a license
    to carry firearms under section 6106(b)(1), (2), (5) or (6)
    (relating to firearms not to be carried without a license) nor
    shall the provisions of this section be construed to permit
    persons to carry firearms in a vehicle http://forum.pafoa.org/showthread.ph...05&page=8where such conduct is
    prohibited by section 6106"

    It *seems* to me to honor a PA LTCF, but I'm not certain. I'd like to figure this out prior to contacting my (recently flipped to anti) congress critter. Thanks much!!!

    Regards, Jim
    People who are "excepted" from license requirement are cops and soldiers and Act 235 folks. Having an LTCF does NOT put you into the category of "people who don't need to have an LTCF".

    The last line says that this new law does not create permission for anyone to carry a firearm if they would be barred from carrying under 6106. It does NOT create an exception for LTCF holder under the new law, which bars everyone from carrying loaded guns in cars, except for cops and soldiers and Act 235 armed guards.

    It further bumps the grading of the offense of carrying a loaded long gun from a small summary offense to a serious misdemeanor. The ban on loaded long guns was a carryover from the Game Code, intended to deter poachers. This criminalizes that, allowing you to be sent to jail for an offense equivalent to not wearing enough orange while hunting.

    These criminalize behavior where there's no identifiable victim, no harm done, no criminal intent.

    Basically, 6106 outlaws carrying a handgun in a car without a license, unless you're "excepted". With an LTCF, you can carry a handgun in a car.

    This new change outlaws carrying ANY loaded gun in a car, unless you're excepted. An LTCF is not an exception. Saying that this law shall not "be construed to permit
    persons to carry firearms in a vehicle where such conduct is prohibited by section 6106", is not at all the same as saying that if 6106 allows you to carry loaded in a car, then this new law will too. That's just not what it says. It doesn't affirmatively carve out an exception, it explicitly says it is NOT carving out an exception for LTCF holders.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  2. #32
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    Default Re: H.B. 2669

    This bill needs to die a quick death.

    What are the chances of this actually gaining traction right now and Passing? Are there any other laws in place that would make something like this a no go as a direct infringement on our right to keep and bare arms within PA?

  3. #33
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    Default Re: H.B. 2669

    Quote Originally Posted by GunLawyer001 View Post
    ...it explicitly says it is NOT carving out an exception for LTCF holders.
    Thanks, Phil.

    Quote Originally Posted by Hodgie View Post
    This bill needs to die a quick death.
    Amen.

  4. #34
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    Default Re: H.B. 2669

    Greetings,

    Thank you very much Phil!

    It was quite confusing to me and obviously one we need to fight.

    Regards, Jim



    [QUOTE=GunLawyer001;3857849]
    ...it explicitly says it is NOT carving out an exception for LTCF holders.
    Last edited by jim-analog; October 4th, 2018 at 01:11 PM. Reason: corrected error in quote

  5. #35
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    Default Re: H.B. 2669

    Read the article, going "well, maybe the guy had an LTCF? Maybe this is almost in good faith?", Then saw "had recently plead guilty to 3rd degree murder."

    So the guy couldn't have had an LTCF, he was already carrying a loaded gun in his car in violation of the law, and then mudered another person.

    Methinks the guy is the problem in this whole situation.

  6. #36
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    Default Re: H.B. 2669

    Quote Originally Posted by GunLawyer001 View Post
    People who are "excepted" from license requirement are cops and soldiers and Act 235 folks. Having an LTCF does NOT put you into the category of "people who don't need to have an LTCF".

    The last line says that this new law does not create permission for anyone to carry a firearm if they would be barred from carrying under 6106. It does NOT create an exception for LTCF holder under the new law, which bars everyone from carrying loaded guns in cars, except for cops and soldiers and Act 235 armed guards.

    It further bumps the grading of the offense of carrying a loaded long gun from a small summary offense to a serious misdemeanor. The ban on loaded long guns was a carryover from the Game Code, intended to deter poachers. This criminalizes that, allowing you to be sent to jail for an offense equivalent to not wearing enough orange while hunting.

    These criminalize behavior where there's no identifiable victim, no harm done, no criminal intent.

    Basically, 6106 outlaws carrying a handgun in a car without a license, unless you're "excepted". With an LTCF, you can carry a handgun in a car.

    This new change outlaws carrying ANY loaded gun in a car, unless you're excepted. An LTCF is not an exception. Saying that this law shall not "be construed to permit
    persons to carry firearms in a vehicle where such conduct is prohibited by section 6106", is not at all the same as saying that if 6106 allows you to carry loaded in a car, then this new law will too. That's just not what it says. It doesn't affirmatively carve out an exception, it explicitly says it is NOT carving out an exception for LTCF holders.

    Phil, Thanks for clarifying this and all you do. Be well.
    Sticks and stones will break my bones but hollow points expand on impact.

  7. #37
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    Default Re: H.B. 2669

    Quote Originally Posted by JustinR View Post
    Read the article, going "well, maybe the guy had an LTCF? Maybe this is almost in good faith?", Then saw "had recently plead guilty to 3rd degree murder."

    So the guy couldn't have had an LTCF, he was already carrying a loaded gun in his car in violation of the law, and then mudered another person.

    Methinks the guy is the problem in this whole situation.
    He pleaded guilty to 3rd degree murder before murdering this girl?

  8. #38
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    Default Re: H.B. 2669

    Quote Originally Posted by Hodgie View Post
    He pleaded guilty to 3rd degree murder before murdering this girl?
    It's in the linked article, paragraph 2, last line.

  9. #39
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    Default Re: H.B. 2669

    Quote Originally Posted by JustinR View Post
    It's in the linked article, paragraph 2, last line.
    I think your reading that incorrectly since the actual murder of this girl happened in 2017, the shooter recently (in 2018) pleaded guilty to 3rd degree murder for killing her. Before this he did hold an LTCF per other articles I have seen.

  10. #40
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    Default Re: H.B. 2669

    Quote Originally Posted by Hodgie View Post
    He pleaded guilty to 3rd degree murder before murdering this girl?
    Quote Originally Posted by JustinR View Post
    It's in the linked article, paragraph 2, last line.
    No he didn't plead to that before he murdered the girl. That was sloppy writing.

    Here is another article that makes it more clear:

    https://www.dailylocal.com/news/delc...17270011f.html

    He purchased the gun in 2015. At least I didn't see in couple of articles I looked at mention of his having an LTCF.

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