Per Kim Stolfer - firearms you can have off property now

[mpyingling22]

https://m.facebook.com/story.php?sto...65071857666331

Know your rights during the epidemic.. From Kim Stolfer @FOAC

First, in this discussion I think it’s important to understand exactly what Pennsylvania firearms law says in the UFA. Dave Dalton is right (although he misquoted as Joe Tudda points out 6109 should have been 6107, and the only firearms that are legal for a person licensed to carry concealed firearms are the ones as defined in section 6102. We have to be careful not to define things in what they think they are but what the law says and that’s why the definition section is important!

So, what I’ve done is clipped §6109 and you can see that it says that the purpose of the license is to carry a firearm for the purpose of concealing it on or about one’s person or in a vehicle throughout this Commonwealth.

To see what the law says about a firearm you must go to the definition section which is §6102. It should be clear to every gun owner that what they are defining here does not embrace the definition of a long gun either shotgun or rifle. Does anyone argue with that?

To clarify things even more you have to look at §6106.1 wherein it defines what you cannot carry.

§6109. Licenses.
(a) Purpose of license.--A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle throughout this Commonwealth.

§6102. Definitions.
"Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

§6106.1. Carrying Loaded Weapons Other Than Firearms.
(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 provi¬sions of this section be construed to permit persons to carry firearms in a vehicle where such conduct is prohibited by section 6106.

I am not going to put the entire section §6106 in this post because it refers to the transportation of firearms and the exemptions for carrying. So suffice it to say that because of section 6107 and the definitions of firearms, the declaration of the Gov. for the opioid epidemic and his current crisis over the disease, the only firearms you can have off your own property are ones as defined in section 6102.

Now I suggest if anyone wants to test this out then go to Philadelphia and carry right in front of police headquarters, I’m sure there are a number of pro-gun attorneys who will gladly represent you once you get arrested! I submit this simply because I want to clear up things that Pennsylvania laws are screwed up and I don’t agree with any of those laws that exist now. I’ve worked for over 30 years trying to change these laws, and from time to time have had some success! But I don’t want anyone to go to jail or be arrested and have to go to court because it’s very expensive and, in every case, when I have seen a gun owner challenge laws like this they have told me privately that they wish they had never done that! If you want to do it God bless you that doesn’t make you right, not in the eyes of the law!

[Gun]

And yet, Article 1, section 21, states to the contrary.

[gnbrotz]

It sounds like he's suggesting that "normal" long guns can't be taken off-property. I'd love to see some input from Josh Prince on this too. I know Kim has contradicted him in the past, and I know which one of them has a law degree.

I disagree that "§6106 refers to the transportation of firearms and the exemptions for carrying". It refers to exceptions for licensing, which is important, because licenses are needed for things other than "carrying". SOE is one of those things, so "exceptions" should apply to. Is he actually suggesting that one cannot lawfully purchase a long gun, from a dealer, and then take it directly home §6106(b)(8)?

I also understand that "exceptions" have been basically ruled to be "affirmative defenses", but that's a different discussion. When the Sheriff §6106(b)(1) is prosecuted and required to raise the exception, I'll take that ruling seriously.

I'm traveling to a match over the weekend. Long guns will be involved, and I'll be claiming exception from licensing for all guns in my possession based on §6106(b)(4). If that has to be taken up further in court, so be it.

[gnbrotz]

And yet, Article 1, section 21, states to the contrary.

Yep. I'm expecting to attend a match this weekend, and things other than "6102 firearms" will be involved.

[mpyingling22]

6106.1 pertains to loaded firearms in a vehicle. I'm not understanding how this pertains to having an unloaded long gun in your vehicle.

[mpyingling22]

https://blog.princelaw.com/2014/02/1...trunk-gun/amp/

[mpyingling22]

https://blog.princelaw.com/2018/01/1...-of-emergency/

[Mr_Gixxer]

Kim Stolfer also says that you have a duty to inform in PA.
I'd take his word with a grain of salt.

[coat4gun]

As far as a trunk gun goes, coyotes are always in season, day or night, so as long as I have a valid hunting license and the loaded magazine(s) is/are in a separate pouch from the AR, I can carry them in the trunk. I am just on my way to hunt coyotes officer.... not that I would tell them about that voluntarily anyway. I am pretty sure going hunting is an exemption from the state of emergency as well.

[Rosco the Iroc]

I'm always "taking a demo gun to someone to check out before they buy".