Pennsylvania Firearm Owners Association
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  1. #31
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    Default Re: Per Kim Stolfer - firearms you can have off property now

    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).

    (b) Seizure, taking and confiscation.--Except as otherwise provided under subsection (a) and notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any other provision of law to the contrary, no firearm, accessory or ammunition may be seized, taken or confiscated during an emergency unless the seizure, taking or confiscation would be authorized absent the emergency.

    (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

    "Accessory." Any scope, sight, bipod, sling, light, magazine, clip or other related item that is attached to or necessary for the operation of a firearm.

    "Firearm." The term includes any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any weapon.

    (June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)

  2. #32
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    Default Re: Per Kim Stolfer - firearms you can have off property now

    I'm not seeing the conflict. 6107 contains its own definition of "firearm". The 6102 definition applies any time another statute doesn't contain a specific definition of its own, so it applies to *some* of 6106.

    Kim's opinion seems to suggest that the 6102 definition applies universally, and thus creates the "trap" he's suggesting. In my opinion, it does not supersede the specific definitions included in 6107(c) or 6106(e), and thus doesn't create the situation that's being suggested.

    *IANAL
    Last edited by gnbrotz; April 5th, 2020 at 09:33 AM.
    Attention NRA Life and voting members - LPRGCFRANK running for NRA board of directors

  3. #33
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    Default Re: Per Kim Stolfer - firearms you can have off property now

    Kim can cram it. A: I think he is wrong. B: I will take my chances. Thanks but no thanks Kim.

  4. #34
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    Default Re: Per Kim Stolfer - firearms you can have off property now

    Last edited by schmol; April 5th, 2020 at 10:37 AM.

  5. #35
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    Default Re: Per Kim Stolfer - firearms you can have off property now

    Quote Originally Posted by Daycrawler View Post
    So as it stands at the moment (clear as mud), if I wanted to buy a shockwave and keep it in my truck loaded, would it be legal? Yes I have a LTCF. Thanks!
    Yes. It was declared a "firearm" by the PSP.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J.

    Don't end up in my signature!

  6. #36
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    Default Re: Per Kim Stolfer - firearms you can have off property now

    Quote Originally Posted by jesemd View Post
    Help me as I am stupid....

    So, without a LTCF, under a SOE, is it legal to transport a long gun, unloaded, in a vehicle?

    And by long gun, I mean a standard 16" AR or 28" Remington 870. I don't own any shockwaves with folding pistol grips and forward hand grips that I can stick down my shorts.

    You need to have a LTCF to transport a rifle or shotgun, unless you are going directly to/from the exempted locations in 18.61.6106(b).
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J.

    Don't end up in my signature!

  7. #37
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    Default Re: Per Kim Stolfer - firearms you can have off property now

    I keep thinking that "state of emergency" needs re-defining. Or at least better understanding of how ALL emergencies are better accommodated by the removal of presence of guns of whatever ridiculous sub-labeling.

    Right now, a communicable disease is running its course, responded to by declaration of SofE. How the hell does absence or presence of firearms affect the disease model or the reaction to the disease by human behavior?
    Legislating to prevent people's acts is fantasy

  8. #38
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    Default Re: Per Kim Stolfer - firearms you can have off property now

    This whole thing is a genuine mess.

    Even the communist state of Maryland allows free transport of long arms without having to meet an exemption. The simple fact that this is a four page discussion and we have to rely on a trained firearms lawyer to interpret this is ridiculous. How can we expect just treatment on the side of a highway by a LEO if it takes this much discussion to understand.

    My #1 priority going forward, other than fighting any further laws, is to get this one repealed.
    Last edited by jesemd; April 5th, 2020 at 05:00 PM.

  9. #39
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    Default Re: Per Kim Stolfer - firearms you can have off property now

    Quote Originally Posted by Bang View Post
    I keep thinking that "state of emergency" needs re-defining. Or at least better understanding of how ALL emergencies are better accommodated by the removal of presence of guns of whatever ridiculous sub-labeling.

    Right now, a communicable disease is running its course, responded to by declaration of SofE. How the hell does absence or presence of firearms affect the disease model or the reaction to the disease by human behavior?
    We’ve been under an SOE for more then 2 years.

    At this point I would argue that the law is unenforceable due to lack of use. Which a judge might care about. Or might not. I would also argue that since we’ve been under a continuous SOE for more then 2 years, it is now just standard life and also not enforceable.
    "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

  10. #40
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    Default Re: Per Kim Stolfer - firearms you can have off property now

    Quote Originally Posted by Bang View Post
    I keep thinking that "state of emergency" needs re-defining. Or at least better understanding of how ALL emergencies are better accommodated by the removal of presence of guns of whatever ridiculous sub-labeling.

    Right now, a communicable disease is running its course, responded to by declaration of SofE. How the hell does absence or presence of firearms affect the disease model or the reaction to the disease by human behavior?

    It is easy to herd sheep for vaccination because they are unarmed. Sheep dogs, not so much!
    Aggies Coach Really ??? Take off the tin foil bro.

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