Pennsylvania Firearm Owners Association
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  1. #1
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    Default open carry questions

    i looked at the pdf about the laws, it says "in a holster" or similar, does that mean it HAS to be in a holster to OC?

    question regarding an AK pistol . also, do you have to be 21 to OC? in PA you can legally obtain a pistol at 18(not from a FFl, but by other means).

  2. #2
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    Brookville, Pennsylvania
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    Default Re: open carry questions

    No law requiring it be in a holster.

    And at 18 you can opencarry. Just remember the vehicle prohibition.. Unless you are going to/from one of the exempted locations you may not take a firearm in a vehicle, unless you have a license.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

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  3. #3
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    Default Re: open carry questions

    Quote Originally Posted by knight0334 View Post
    No law requiring it be in a holster.

    And at 18 you can opencarry. Just remember the vehicle prohibition.. Unless you are going to/from one of the exempted locations you may not take a firearm in a vehicle, unless you have a license.
    woh, slow down. not allowed to have it in a vehicle at all? or do you mean not loaded in vehicle with mag/ammo in same "compartment"

  4. #4
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    Default Re: open carry questions

    Unless you are going to or from work/vacation home/gunsmith/shooting range/etc listed in subsection 6106, you cannot have a "firearm"(handgun, SBS, SBR) in a vehicle without a license. Loaded or unloaded doesn't matter, the firearm itself is prohibited. To take it to/from some of the exempted locations/events, the law requires the gun be unloaded and ammo separate.

    Those with a license may take a "firearm" loaded or unloaded in a vehicle to any place that isn't prohibited.

    The only way for an individual without a license to open carry is to walk out their front door and then walk to their destinations. There are legal ways around that though, by using a licensee to take temporary loan of the firearm until you get to someplace, then give it back. I do not recommend that practice as it is possible for an over zealous officer and court to not believe that you loaned the firearm to the licensee.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  5. #5
    Join Date
    May 2007
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    Chambersburg, Pennsylvania
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    Default Re: open carry questions

    Quote Originally Posted by flclis-great View Post
    woh, slow down. not allowed to have it in a vehicle at all? or do you mean not loaded in vehicle with mag/ammo in same "compartment"
    Read that reply again. Unless you fall under one of the specifically listed exceptions (see below), you may NOT transport a firearm in a vehicle without a license, even if it is unloaded and the firearm and ammo are in difference "compartments".
    §6106. Firearms not to be carried without a license.

    (a) Offense defined.

    (1) Except as provided in paragraph (2), 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.

    (2) A person who is otherwise eligible to possess a valid license under this chapter but 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 and has not committed any other criminal violation commits a misdemeanor of the first degree.

    (b) Exceptions.-The provisions of subsection (a) shall not apply to:

    (1) Constables, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions, or other law-enforcement officers.

    (2) Members of the army, navy or marine corps of the United States or of the National Guard or organized reserves when on duty.

    (3) The regularly enrolled members of any organization duly organized to purchase or receive such weapons from the United States or from this Commonwealth.

    (4) Any persons engaged in target shooting with rifle, pistol, or revolver, if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the cartridges or shells are carried in a separate container and the rifle, pistol or revolver is unloaded.

    (5) Officers or employees of the United States duly authorized to carry a concealed firearm.

    (6) Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property in the discharge of such duties.

    (7) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person, having in his possession, using or carrying a firearm in the usual or ordinary course of such business.

    (8) Any person while carrying a firearm unloaded and in a secure wrapper from the place of purchase to his home or place of business, or to a place of repair or back to his home or place of business, or in moving from one place of abode or business to another or from his home to a vacation or recreational home or dwelling or back, or to recover stolen property under section 6111.1(6)(4) (relating to Pennsylvania State Police) or to a location to which the person has been directed to surrender firearms under 23 Pa.C.S. §6108 (relating to relief) or back upon return of the surrendered firearm.

    (9) Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing or are going to the places where they desire to hunt, take furbearers or fish or returning from such places.

    (10) Persons training dogs, if such persons are actually training dogs during the regular training season.

    (11) Any person while carrying a firearm in any vehicle which, person possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the United States or any other state.

    (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.

    (13) Any person who is otherwise eligible to possess a firearm under this chapter and who is operating a motor vehicle which is registered in the person's name or the name of a spouse or parent and which contains a firearm for which a valid license has been issued pursuant to section 6109 to the spouse or parent owning the firearm.


    (c) Sportsman's firearm permit.

    (1) Before any exception shall be granted under paragraph (b)(9) or (10) of this section to any person 18 years of age or older licensed to hunt, trap or fish or who has been issued a permit relating to hunting dogs, such person shall, at the time of securing his hunting, furtaking or fishing license or any time after such license has been issued, secure a sportsman's firearm permit from the county treasurer. The sportsman's firearm permit shall be issued immediately and be valid throughout this Commonwealth for a period of five years from the date of issue for any legal firearm, when carried in conjunction with a valid hunting, furtaking or fishing license or permit relating to hunting dogs. The sportsman's firearm permit shall be in triplicate on a form to be furnished by the Pennsylvania State Police. The original permit shall be delivered to the person, and the first copy thereof, within seven days, shall be forwarded to the Commissioner of the Pennsylvania State Police by the county treasurer. The second copy shall be retained by the county treasurer for a period of two years from the date of expiration. The county treasurer shall be entitled to collect a fee of not more than $6 for each such permit issued, which shall include the cost of any official form. The Pennsylvania State Police may recover from the county treasurer the cost of any such form, but may not charge more than $1 for each official permit form furnished to the county treasurer.

    (2) Any person who sells or attempts to sell a sportsman's firearm permit for a fee in excess of that amount fixed under this subsection commits a summary offense.

    (d) Revocation of registration.-Any registration of a firearm under subsection (c) of this section may be revoked by the county treasurer who issued it, upon written notice to the holder thereof.

    (Chgd. by L.1997, Act 5(1); L.2000, Act 101(3), eff. 2/18/2001.)
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