Open carry *on* my car?

[Mtn Jack]

Nay need the permit.

[moose]

I was thinking of the duct tape on the roof thing too. How about if you live in an RV? If that is your abode would you need an LtCF?

RVs are considered as your "place of abode" when you are traveling, so you should be fine. Please don't quote me though, I have no actual proof other than it seems like common sense....

[jud4420]

Curious...What was the ruling for motorcylce open carry without an LTCF? Yay or Nay?

To my knowledge no one here has ever been able to answer this question definitively. There is assumption's on the issue, non of which are supported by case law, and the attorney general has not answered the question definitively either.

So unless someone can back it up with facts, rather than assumptions, please quite answering "no" to this question.
"we dont know" is a much more appropriate answer.


Its funny, in regard to the OP... I was just asked this same question by a friend 2 days ago. And without any case to back it up, i dont think any of us can answer this question with any certainty. We can assume law enforcement will not approve of a firearm being carried outside your vehicle, but we cannot just assume a judge would rule one way or the other on it.

What if you have one of those storage case's on the top of your car or suv. Clearly not in the vehicle.

Can you drive around with your firearm secured in the rooftop box? I would assume yes. Others here might assume different. Only one opinion matters though......


The Judges.

[Brown-Bear]

Got one! Just being silly....

Thank god. I was thinking, "Was that a serious question?"

[GunLawyer001]

To my knowledge no one here has ever been able to answer this question definitively. There is assumption's on the issue, non of which are supported by case law, and the attorney general has not answered the question definitively either.

So unless someone can back it up with facts, rather than assumptions, please quite answering "no" to this question.
"we dont know" is a much more appropriate answer.


Its funny, in regard to the OP... I was just asked this same question by a friend 2 days ago. And without any case to back it up, i dont think any of us can answer this question with any certainty. We can assume law enforcement will not approve of a firearm being carried outside your vehicle, but we cannot just assume a judge would rule one way or the other on it.

What if you have one of those storage case's on the top of your car or suv. Clearly not in the vehicle.

Can you drive around with your firearm secured in the rooftop box? I would assume yes. Others here might assume different. Only one opinion matters though......


The Judges.

This question may never be answered. Anyone who carries a firearm outside the passenger compartment is arguably in compliance with the FOPA, if you ignore the word "Interstate" in the caption to the paragraph dealing with vehicle carry. However, if the FOPA transportation provisions are held to apply only to interstate travel, then the question of what "in a vehicle" means may be determinative for intrastate travel within PA.

I don't know of anyone prosecuted for open carry on a motorcycle, but it may have happened. I think it's clear from the words that "in" has the common meaning of "being enclosed by", which applies to a car, truck, even a convertible, but should not apply to a bicycle or motorcycle or skateboard, which you put yourself on or around, but never "in".

As for the RV question, whether it's your "place of abode" doesn't matter unless it's parked or you're traveling between one of the listed places and back to your place of abode, in some other vehicle. There's no exception for motoring down the highway in your place of abode.

The stakes are very high. If you're prosecuted and lose, you cease being a gun owner for life.

[Pennywise]

As for the RV question, whether it's your "place of abode" doesn't matter unless it's parked or you're traveling between one of the listed places and back to your place of abode, in some other vehicle. There's no exception for motoring down the highway in your place of abode.

The stakes are very high. If you're prosecuted and lose, you cease being a gun owner for life.

I'm looking at the UFA and can't find the "Place of abode" exemption

Can you point me to it? I could have sworn it stated a "Fixed place of abode" but now i'm not sure.
Thanks

[Pa. Patriot]

I'm looking at the UFA and can't find the "Place of abode" exemption

Can you point me to it? I could have sworn it stated a "Fixed place of abode" but now i'm not sure.
Thanks

Not an exception. Part of the offense definition:

§ 6106. Firearms not to be carried without a license.

(a) Offense defined.--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.

[GunLawyer001]

Not an exception. Part of the offense definition:

You can parse it easily, just by spacing it out:

"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."

The most natural reading of this makes the "abode" exception apply to the "on or about his person" element, not the "vehicle" aspect. It's unlikely that they meant that you could carry in a vehicle in your abode or fixed place of business, and the wording and punctuation supports that.

Your home also comes into play if you're relying on the exceptions for travel between your home and the gun range or gun shop, etc. Your home has to be one end of the journey.

[Pennywise]

Not an exception. Part of the offense definition:

Thanks for the clarification.
I take that to mean that abode does not need to be "fixed"? Although a business does?
Like an RV?

[R33k]

Sorry to bring this back from the dead. I thought the law was that you have to seperate the magazine and the gun when driving? Meaning gun in trunk and magazine in glovebox.