Pennsylvania Firearm Owners Association
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  1. #31
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    Default Re: Live ammo VS. blanks and the law.

    Quote Originally Posted by RockIsland View Post
    Does the statute specify live ammunition or does it just say unloaded?
    (a) General rule.-- Except as provided in Title 34 (relating to game), no person shall carry a loaded pistol, revolver, shotgun or rifle, other than a firearm as defined in section 6102 (relating to definitions), in any vehicle. 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 where such conduct is prohibited by section 6106.
    (b) Penalty.--A person who violates the provisions of this section commits a summary offense.




    “Loaded.” A firearm is loaded if the firing chamber, the nondetachable magazine or, in the case of a revolver, any of the chambers of the cylinder contain ammunition capable of being fired. In the case of a firearm which utilizes a detachable magazine, the term shall mean a magazine suitable for use in said firearm which magazine contains such ammunition and has been inserted in the firearm or is in the same container or, where the container has multiple compartments, the same compartment thereof as the firearm. If the magazine is inserted into a pouch, holder, holster or other protective device that provides for a complete and secure enclosure of the ammunition, then the pouch, holder, holster or other protective device shall be deemed to be a separate compartment.


    I did a quick search for blank ammo, and all the manufacturers' boxes I saw referred to "blank cartridges", never "blank ammunition". The only projectile coming out is incidental to holding the powder in before firing, and will likely be a small cardboard disk. What kills folks with blank accidents is close proximity to fast, hot gases. that's what killed Jon Eric Hexum when he put a .44 magnum blank pistol to his head.

    I wouldn't carry any firearm with blanks in it in the car, mostly because there's no good reason to do so, and a few possible bad outcomes. Just unload the rifle, put the blank cartridges in a durable bag or box, and you're good to go when you get to your destination.

    Would I have a decent defense to any charges if a client got hung up on the summary charge? Sure. Would every last DJ agree? No. And even if he/she did, it would cost the client too much to win. Anyone eager to throw money away unnecessarily, please send me checks for whatever amount you don't need. Whatever I buy with that money, I promise it won't be blanks.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com

  2. #32
    Join Date
    Feb 2013
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    Upper Darby, Pennsylvania
    (Delaware County)
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    Default Re: Live ammo VS. blanks and the law.

    Quote Originally Posted by GunLawyer001 View Post
    Whatever I buy with that money, I promise it won't be blanks.
    This is why I love this guy.

  3. #33
    Join Date
    Feb 2013
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    Ercildoun, Pennsylvania
    (Chester County)
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    Default Re: Live ammo VS. blanks and the law.

    Quote Originally Posted by cdi View Post
    Blanks are extremely dangerous at the muzzle end. I have been present for 3 blanks to the face of infantrymen in training.
    Luckily, no one died.

    I appreciate the honor guard- but if the guards can not be bothered or are physically incapable of loading and unloading a rifle it is probably time for them to retire.
    Beat me to it. If the guard is going to fumble ammo because of physical infirmities then it's probably not safe for them to handle firearms. Even though there is no projectile, blanks are not to be handled carelessly. I ended up with some 30-06 blanks from a co-worker. I took them up to the gun club and fired them off through a Savage 110 just to get rid of them. There was plenty of muzzle blast to injure anyone standing in front of the muzzle so they are no joke.
    The Communist Manifesto is now the Constitution of the democrat party

  4. #34
    Join Date
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    Levittown, Pennsylvania
    (Bucks County)
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    Default Re: Live ammo VS. blanks and the law.

    In basic training (US Army) the instructors demonstrated that a blank .30-06 could penetrate a #10 can. To ensure the demo was a success, they put a plug in the neck of a piece of cut tree branch. (I caught 'em do it. Of course, I kept my mouth shut).
    Legislating to prevent people's acts is fantasy

  5. #35
    Join Date
    Oct 2006
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    Cherry Tree, Pennsylvania
    (Indiana County)
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    Default Re: Live ammo VS. blanks and the law.

    Quote Originally Posted by GunLawyer001 View Post
    “Loaded.” A firearm is loaded if the firing chamber, the nondetachable magazine or, in the case of a revolver, any of the chambers of the cylinder contain ammunition capable of being fired.
    Is blank ammunition "ammunition?" Yes.

    Is such ammunition "capable of being fired?" Again, yes.

    Ergo, ipso facto, et cetera (and a few more Latin terms or phrases), you can't carry a loaded rifle in a vehicle.

  6. #36
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    Default Re: Live ammo VS. blanks and the law.

    Quote Originally Posted by Mr_Gixxer View Post
    What if they all carried Glocks with blanks in them to give their 21 gun salute?
    It's actually NOT a 21 gun salute ..... that is entirely different.
    It's actually a Final Salute with a volley of 3 ...... often only 3-4 members due to the limits of volunteers but has nothing to do with 21

  7. #37
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    Default Re: Live ammo VS. blanks and the law.

    Quote Originally Posted by Statkowski View Post
    Is blank ammunition "ammunition?" Yes.

    Is such ammunition "capable of being fired?" Again, yes.

    Ergo, ipso facto, et cetera (and a few more Latin terms or phrases), you can't carry a loaded rifle in a vehicle.
    I know vendors will treat blanks as live ammo ................

  8. #38
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    Default Re: Live ammo VS. blanks and the law.

    Quote Originally Posted by GunLawyer001 View Post
    [COLOR="#FF0000"] Would I have a decent defense to any charges if a client got hung up on the summary charge? Sure. Would every last DJ agree? No. And even if he/she did, it would cost the client too much to win. Anyone eager to throw money away unnecessarily, please send me checks for whatever amount you don't need. Whatever I buy with that money, I promise it won't be blanks.
    While not something I can quote to them as "Law" , I can honestly tell them a Lawyer said.................. so Thank You

  9. #39
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    Default Re: Live ammo VS. blanks and the law.

    Quote Originally Posted by gghbi View Post
    It is true this is an important job. It is unfortunate that the playing of Taps has been replaced by recordings because of the lack of bugle players. The time and effort put into doing this is appreciated by lot of folks out there who do not know what is involved in keeping it going.
    I did hear there is supposedly a guy in or around the Johnstown area who will bugle if he can be reached. I know nothing more than that which I heard from a VFW once.
    That could be an interesting hobby one may find rewarding.

  10. #40
    Join Date
    Aug 2011
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    North West, Pennsylvania
    (Erie County)
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    Default Re: Live ammo VS. blanks and the law.

    Just remember blanks can do a lot of damage at close range. As many marines found out the hard way.

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