Pennsylvania Firearm Owners Association
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  1. #1
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    Default Post expiration carry

    The recent thread on carry permit renewal prompts me to ask, "Can an individual still carry for 6 months after his permit expires?" I believe there are some conditions that must be met but is my statement correct?

    Bob D

  2. #2
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    Default Re: Post expiration carry

    Pennsylvania Uniform Firearms act. Title 18 § 6106, Line 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.
    Note it says "prior to date of arrest" which basically means it's a defense after arrest... So you could still get jammed up, though I say unlikely especially given the current events.

    Here's the statute text:
    https://www.legis.state.pa.us/cfdocs...hoice=suppress

  3. #3
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    Default Re: Post expiration carry

    Aside from the risk of "the exception is really a defense", the only condition is that you must still be legally eligible to be licensed.
    Attention NRA Life and voting members - LPRGCFRANK running for NRA board of directors

  4. #4
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    Default Re: Post expiration carry

    Quote Originally Posted by gnbrotz View Post
    Aside from the risk of "the exception is really a defense", the only condition is that you must still be legally eligible to be licensed.
    It is a defense. That you can use in court. That might work. If the judge cares about the law. Maybe. But you still would have been lawfully arrested and charged.

    Renew it.

    If you’re in a county illegally refusing to process it, get a lawyer.

    Personally, if threatening legal action is not successful or you can’t afford the cost, mail it in as a certified letter. Personally. To the sheriff. With his name on it. Maybe reminding him that there is nothing in the law that requires a photo, and thus you’re being present is not required. Make a photocopy of your current LTCF so they can use that photo. Send in a flash drive with a photo of you.

    Once he gets it he has to approve or deny. If he denies, a reason must be given. If you’re not prohibited, which is the only valid reason, then you’ll have to get a lawyer but will have a stronger case. And have ground for a civil rights lawsuit.

    And if you do get arrested with an expired LTCF and have to use the expired within 6 months defense, you’ll be in a stronger position IMO, because you’ll be able to show paperwork that you made a good faith attempt.

    There are some sheriffs saying a LTCF is valid for 6 months after expiration. They’re lying.
    Last edited by PAMedic=F|A=; March 30th, 2020 at 11:33 PM.
    "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

  5. #5
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    Default Re: Post expiration carry

    All the information you're looking for is in my article - https://blog.princelaw.com/2020/03/1...l-prosecution/
    Joshua Prince, Esq. - Firearms Industry Consulting Group - www.PaFirearmsLawyer.com

  6. #6
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    Default Re: Post expiration carry

    Quote Originally Posted by gnbrotz View Post
    Aside from the risk of "the exception is really a defense", the only condition is that you must still be legally eligible to be licensed.
    Don't trivialize the exception is a defense. It requires money and a lawyer and is not a guarantee of success. It is a prohibiting offense. Read Prince 's link.

    We discus this very topic over and over and still some people don't get the message. And then wrong information gets posted in new threads.

    The sheriff offices that post and repeat this false information that your ltcf doesn't "really" expire on the expiration date is criminal and should be prosecuted for conspiracy to commit an illegal act.

    And then the sheriff wants to hold talks for gun owners to discuss the law as pertaining to firearms. Im disgusted by this b.s.
    The Gun is the Badge of a Free Man

  7. #7
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    Default Re: Post expiration carry

    Quote Originally Posted by Gunsnwater View Post
    Don't trivialize the exception is a defense. It requires money and a lawyer and is not a guarantee of success. It is a prohibiting offense. Read Prince 's link.

    We discus this very topic over and over and still some people don't get the message. And then wrong information gets posted in new threads.

    The sheriff offices that post and repeat this false information that your ltcf doesn't "really" expire on the expiration date is criminal and should be prosecuted for conspiracy to commit an illegal act.

    And then the sheriff wants to hold talks for gun owners to discuss the law as pertaining to firearms. Im disgusted by this b.s.
    I'm not trivializing it. I've intentionally tested it with my own Sheriff when my last LTCF expired, knowing the risks. All of their current proclamations demonstrate exactly how clueless they are about intervening case law, and is also good ammo (pun intended) when they bring up the whole "Sheriffs should be granted full police powers" bullshit.
    Attention NRA Life and voting members - LPRGCFRANK running for NRA board of directors

  8. #8
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    Default Re: Post expiration carry

    Quote Originally Posted by gnbrotz View Post
    I'm not trivializing it. I've intentionally tested it with my own Sheriff when my last LTCF expired, knowing the risks. All of their current proclamations demonstrate exactly how clueless they are about intervening case law, and is also good ammo (pun intended) when they bring up the whole "Sheriffs should be granted full police powers" bullshit.
    Not many police or deputy or sheriff really know gun law. I don't believe anyone can and I'm sure it's written to be that way. Lawyers and judges are in that same boat. Some lawyers specialize in it and they will tell you nobody can know every aspect of every firearm law ever written.

    It was great you knew enough going in and I hope you can use this great charade from too many sheriffs to wake people up.

    I was dumbfounded when Weaknecht put out this harmful b.s. I really thought he was a white hat. I guess in some ways he is. I understand wanting to protect his deputies but not by lies that could get many law abiding citizens prohibited.

    It bothers me that so many people would believe an expired license for anything is still valid. Its not day old bread.
    The Gun is the Badge of a Free Man

  9. #9
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    Default Re: Post expiration carry

    Bucks county sheriff's website now advises in red that LTCF may be renewed only at the courthouse location. Upper and lower annexes are closed.

    Two things are a concern.

    1-My wife's LTCF is due to expire. She is unable to walk any distance. Accessing the courthouse is a nightmare. There is a L O N G ramp system rising from the inadequate handicapped parking (what a sick fucking joke that is!)

    2- How long an expiration period turns it from a renewal to a new.
    Legislating to prevent people's acts is fantasy

  10. #10
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    Default Re: Post expiration carry

    If I expire, I won't have to worry about carrying or anything else.

    Noah
    Currently seeking a sufficiently witty statement for 2020.

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