New to Site, need some help

[Steve-0]

I am 20, soon to be 21 in September. I have done my share of studying on open carry and concealed carry (for when I'm 21) of pistols. Well today I met another member of this site at a Sheetz gas station and he assured me if I was gifted a gun from my father, I could legally carry the pistol "open carry" with proper licensing till I'm 21. So my questions are...

1) Is he right, can I legally carry a pistol "open carry" till I turn 21?
2) If so, what licensing do I need?
3) I understand if this is allowed I would not be allowed to carry it loaded in my car, but where else?

Any help, answers, links to article that says this would be greatly appreciated!

Thanks guys!

[renegadephoenix]

he is correct in that you can legaly Open Carry while on foot inside of PA but outside of a city of the first class (Phillys the only first class city in PA).

there is no licensing required.

[4XLT]

the basics.

yes at 18 if gifted a pistol you may carry openly on foot only... and not in Philly.

you cannot transport it in a vehicle ( even unloaded) for the purpose of OCing somewhere else, to transport a firearm without a LTCF to anywhere other than a shooting range is illegal !

so if you leave your house on foot and walk everywhere, yes you can carry.

[gnbrotz]

to transport a firearm without a LTCF to anywhere other than a shooting range is illegal !

There are a few other exceptions, but they are indeed very limited. Here are the ones that would most likely apply to an open carrier under the age of 21.

(4) Any persons engaged in target shooting with a firearm, 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 firearm is not loaded.

(8) Any person while carrying a firearm which is not loaded and is in a secure wrapper from the place of purchase to his home or place of business, or to a place of repair, sale or appraisal 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(b)(4) (relating to Pennsylvania State Police), or to a place of instruction intended to teach the safe handling, use or maintenance of firearms or back or to a location to which the person has been directed to relinquish firearms under 23 Pa.C.S. § 6108 (relating to relief) or back upon return of the relinquished firearm or to a licensed dealer's place of business for relinquishment pursuant to 23 Pa.C.S § 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or back upon return of the relinquished firearm or to a location for safekeeping pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment to third party for safekeeping) or back upon return of the relinquished firearm.

(9) Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing as permitted by such license, 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.

[PisnNapalm]

Before you go any further daydreaming about open carrying a firearm, please... get some retention training first.

[das]

Since when did anyone start thinking Philly s first class with anything? lol

[headcase]

Originally Posted by 4XLT
to transport a firearm without a LTCF to anywhere other than a shooting range is illegal !

There are a few other exceptions, but they are indeed very limited. Here are the ones that would most likely apply to an open carrier under the age of 21.
Quote:
(4) Any persons engaged in target shooting with a firearm, 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 firearm is not loaded.

(8) Any person while carrying a firearm which is not loaded and is in a secure wrapper from the place of purchase to his home or place of business, or to a place of repair, sale or appraisal 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(b)(4) (relating to Pennsylvania State Police), or to a place of instruction intended to teach the safe handling, use or maintenance of firearms or back or to a location to which the person has been directed to relinquish firearms under 23 Pa.C.S. § 6108 (relating to relief) or back upon return of the relinquished firearm or to a licensed dealer's place of business for relinquishment pursuant to 23 Pa.C.S § 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or back upon return of the relinquished firearm or to a location for safekeeping pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment to third party for safekeeping) or back upon return of the relinquished firearm.

(9) Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing as permitted by such license, 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.

I quoted this because it bears repeating.

I would also feel comfortable adding that it would appear that if your parent (or spouse, if you are married) has a LTCF you would be exempt from licensing while operating a vehicle that was registered to you or them, if they owned the firearm:

(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.

[TaePo]

(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.

Anyone know if item 13 as mentioned by Headcase would require proof of firearm ownership?

I liked that law until this thread, I realized it refers to parent or spouse who 'owns' a firearm. How is that to be proved as we have no registration. Both of my main carry pieces were received after the death of the original owners so there is no direct paperwork pointing to me officially. I am now concerned an anti-gun DA could have a field day with that loophole.

[headcase]

Anyone know if item 13 as mentioned by Headcase would require proof of firearm ownership?

I liked that law until this thread, I realized it refers to parent or spouse who 'owns' a firearm. How is that to be proved as we have no registration. Both of my main carry pieces were received after the death of the original owners so there is no direct paperwork pointing to me officially. I am now concerned an anti-gun DA could have a field day with that loophole.

I would have to say that it would be up to the state to prove lack of claimed ownership, as they would have no logical reason to believe one's claim of ownership is fallacious unless a disputing claim had been made... or you could point out that firearms do not have licenses issued for them...

[TaePo]

I would have to say that it would be up to the state to prove lack of claimed ownership, as they would have no logical reason to believe one's claim of ownership is fallacious unless a disputing claim had been made... or you could point out that firearms do not have licenses issued for them...

Good call, come to think of it, I think I recall some standing in the law about the State having to assume what is in the individuals best interest when issues like this would arise. I forgot about that and your post reminded me.

Thanks.