Results 31 to 34 of 34
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February 8th, 2010, 12:08 PM #31
Re: Denied a Concealed Carry Permit???...
Zack is 100% correct.
http://forum.pafoa.org/general-2/829...ml#post1028383
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
Hobson fundraiser Remember SFN Read before you Open Carry
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February 8th, 2010, 05:19 PM #32
Re: Denied a Concealed Carry Permit???...
Actually, there is a minor quibble in the claim that the only requirement is that the firearm be “unloaded”. While technically true, colloquially it fails to address all necessary issues. The quibble comes from the fact that 18 Pa.C.S. § 6102 (Definitions) gives a very specific meaning to what loaded and not loaded means.
18 Pa.C.S. § 6102As cited above, in order to avoid the specific definition of loaded, the firearm and charged magazine must be in separate containers or separate compartments of a container. I believe it is lawful to carry an empty firearm on your hip (in its own holster), as the holster counts as the container/compartment for the firearm, thereby separating the firearm from the charged magazine. If you put the charged magazine in your pocket, glove box, or center console, then I am absolutely certain the separate container/compartment clause is met.
Title 18 Pa.C.S. Crimes and Offenses
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
Chapter 61. Firearms and Other Dangerous Articles
Subchapter A. Uniform Firearms Act
§ 6102. Definitions
Subject to additional definitions contained in subsequent provisions of this subchapter which are applicable to specific provisions of this subchapter, the following words and phrases, when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
…“Loaded.” A firearm is loaded if the firing chamber, the nondetachable magazine or in the case of a revolver, any of the chambers of the cylinder contain ammunition capable of being fired. In the case of a firearm which utilizes a detachable magazine, the term shall mean a magazine suitable for use in said firearm which magazine contains such ammunition and has been inserted in the firearm or is in the same container or, where the container has multiple compartments, the same compartment thereof as the firearm.…
What I can guarantee you, however, is that having the empty firearm sitting on the passenger seat right next to the charged magazine absolutely does not fit the terms of not loaded. Having an unholstered firearm (Ruger LCP or another small pistol, for example) and the charged magazine for that pistol in the same pocket, even if the magazine is not inserted in the firearm, fails to meet the terms of not loaded. The separate container/compartment must be considered when “unloading” your firearm for vehicle transport.
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February 8th, 2010, 05:22 PM #33
Re: Denied a Concealed Carry Permit???...
Good points and well said.
I am not a lawyer and nothing I say should be construed as legal advice.
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February 8th, 2010, 05:25 PM #34
Re: Denied a Concealed Carry Permit???...
I am not a lawyer and nothing I say should be construed as legal advice.
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