Pennsylvania Firearm Owners Association
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  1. #61
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    Oakland Mills, Pennsylvania
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    Default Re: Duty to Inform? FOAC Says YES!

    Quote Originally Posted by NOBODY View Post
    I do not Open carry so this situation does not apply to me however, my logic tells me that a license is required to drive a car and I am NOT OK with an officer asking to see mine without and justification. The courts have ruled ( I am not sure what level,) that the carrying of a firearm where legal is not justification for stopping.

    Freedom is dangerous.

    I will let those with more knowledge of PA laws ring in.

    No offense and you do what is best for you.

    NOBODY
    Bingo
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

  2. #62
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    Lancaster County, Pennsylvania
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    Default Re: Duty to Inform? FOAC Says YES!

    Quote Originally Posted by gghbi View Post
    Important to note the different (broader) definition of 'firearm' than in other parts of the law!
    I know this is off topic but it is also important to note the exemptions to having a license to carry under 6106(b) under an SOE. I don't like to see partial laws posted that may lead to confusion about rights

    6107. Prohibited conduct during emergency.

    (a) General rule.--No person shall carry a firearm upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:

    (1) Actively engaged in a defense of that person's life or property from peril or threat.

    (2) Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).


    6106. Firearms not to be carried without a license.

    (a) Offense defined.--

    (1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.

    (2) A person who is otherwise eligible to possess a valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.

    (b) Exceptions.--The provisions of subsection (a) shall not apply to:

    (1) Constables, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions, or other law-enforcement officers.

    (2) Members of the army, navy, marine corps, air force or coast guard of the United States or of the National Guard or organized reserves when on duty.

    (3) The regularly enrolled members of any organization duly organized to purchase or receive such firearms from the United States or from this Commonwealth.

    (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.

    (5) Officers or employees of the United States duly authorized to carry a concealed firearm.

    (6) Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property in the discharge of such duties.

    (7) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person, having in his possession, using or carrying a firearm in the usual or ordinary course of such business.

    (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 to recover stolen property under section 6111.1(b)(4) (relating to Pennsylvania State Police), or to a place of instruction intended to teach the safe handling, use or maintenance of firearms or back or to a location to which the person has been directed to relinquish firearms under 23 Pa.C.S. 6108 (relating to relief) or back upon return of the relinquished firearm or to a licensed dealer's place of business for relinquishment pursuant to 23 Pa.C.S. 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or back upon return of the relinquished firearm or to a location for safekeeping pursuant to 23 Pa.C.S. 6108.3 (relating to relinquishment to third party for safekeeping) or back upon return of the relinquished firearm.

    (9) Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing as permitted by such license, or are going to the places where they desire to hunt, take furbearers or fish or returning from such places.

    (10) Persons training dogs, if such persons are actually training dogs during the regular training season.

    (11) Any person while carrying a firearm in any vehicle, which person possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the United States or any other state.

    (12) A person who has a lawfully issued license to carry a firearm pursuant to section 6109 (relating to licenses) and that said license expired within six months prior to the date of arrest and that the individual is otherwise eligible for renewal of the license.

    (13) Any person who is otherwise eligible to possess a firearm under this chapter and who is operating a motor vehicle which is registered in the person's name or the name of a spouse or parent and which contains a firearm for which a valid license has been issued pursuant to section 6109 to the spouse or parent owning the firearm.

    (14) A person lawfully engaged in the interstate transportation of a firearm as defined under 18 U.S.C. 921(a)(3) (relating to definitions) in compliance with 18 U.S.C. 926A (relating to interstate transportation of firearms).

    (15) Any person who possesses a valid and lawfully issued license or permit to carry a firearm which has been issued under the laws of another state, regardless of whether a reciprocity agreement exists between the Commonwealth and the state under section 6109(k), provided:

    (i) The state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109.

    (ii) The Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.

    (16) Any person holding a license in accordance with section 6109(f)(3).

  3. #63
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    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Duty to Inform? FOAC Says YES!

    Quote Originally Posted by coat4gun View Post
    I know this is off topic but it is also important to note the exemptions to having a license to carry under 6106(b) under an SOE. I don't like to see partial laws posted that may lead to confusion about rights
    You need to read the two legal blog entries at the link I'll provide at the end of this post. PA Superior Court has ruled that "exceptions" are “defenses” to prosecution – meaning the Commonwealth can prosecute you and during trial, you can raise an “exception” as a defense to prosecution. While this makes absolutely no sense, it is controlling case law, and people need to be aware of it.

    The decision literally means that even a Sheriff who did not also have a LTCF could be arrested and prosecuted, and then raise the defense that as Sheriff, he is exempt from licensing. Of course, we'll never see that happen, but any of the exceptions that apply to the common man can now be employed by any LEO or prosecutor looking to give someone a hard time.

    "The process IS the punishment".

    Even with a slam-dunk victory, you will be out thousands of dollars, and because of the Superior Court decision, subjecting you the the process, despite it's absurdity, is not a violation of your rights. It's now "due process."

    https://blog.princelaw.com/2020/03/1...l-prosecution/

    https://blog.princelaw.com/2017/08/2...curity-guards/
    Attention NRA Life and voting members - LPRGCFRANK running for NRA board of directors

  4. #64
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    (Lancaster County)
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    Default Re: Duty to Inform? FOAC Says YES!

    Quote Originally Posted by gnbrotz View Post
    You need to read the two legal blog entries at the link I'll provide at the end of this post. PA Superior Court has ruled that "exceptions" are “defenses” to prosecution – meaning the Commonwealth can prosecute you and during trial, you can raise an “exception” as a defense to prosecution. While this makes absolutely no sense, it is controlling case law, and people need to be aware of it.

    The decision literally means that even a Sheriff who did not also have a LTCF could be arrested and prosecuted, and then raise the defense that as Sheriff, he is exempt from licensing. Of course, we'll never see that happen, but any of the exceptions that apply to the common man can now be employed by any LEO or prosecutor looking to give someone a hard time.

    "The process IS the punishment".

    Even with a slam-dunk victory, you will be out thousands of dollars, and because of the Superior Court decision, subjecting you the the process, despite it's absurdity, is not a violation of your rights. It's now "due process."

    https://blog.princelaw.com/2020/03/1...l-prosecution/

    https://blog.princelaw.com/2017/08/2...curity-guards/

    Thanks for the info. That's going to go over big come hunting season.

  5. #65
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    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Duty to Inform? FOAC Says YES!

    Quote Originally Posted by coat4gun View Post
    Thanks for the info. That's going to go over big come hunting season.
    The decision is three years old. It's likely that most LEO aren't even aware of this ruling and its implications, and some that are have no interest in interpreting it literally at every opportunity, but since gun owners are the ones at risk, they need to be aware of the potential events that could occur.
    Attention NRA Life and voting members - LPRGCFRANK running for NRA board of directors

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