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Thread: act 235/concealed question
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February 26th, 2008, 09:47 PM #1Junior Member
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act 235/concealed question
Im 20 yrs old and an armed security officer. I possess my Lethal Weapons certification(Act 235). very recently, I was stopped by a Lehigh County Police department as I was on my way home from work in pottstown. I was legally pulled over for a minor traffic violation but escalated into a possible firearms charge.
Basically my question is, since i was in full uniform, possess my act 235, was en route home from work and was in the privacy of my own vehicle, can they charge me with carrying concealed?? since my fleece was over my firearm, despite having a badge on the fleece....
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February 26th, 2008, 10:08 PM #2
Re: act 235/concealed question
http://www.pafoa.org/law/carrying-firearms/act-235
Act 235
Carrying a firearm for the purpose of employment, such as an armored car driver, armed security and other similar jobs is regulated completely separate from regular concealed carry. In fact having a concealed carry permit does not allow you to carry a firearm for employment purposes and having passed ACT235 does not allow you to carry a firearm while not working.
For more information on carrying a firearm for the purpose of employment and receiving your ACT235 qualification we highly recommend you visit the Pennsylvania Lethal Weapons Training Program Website
EDIT:: Until you have your LTCF, you should unload and case your firearm while transporting to and from work. You should also read and become very familiar with the UFA, Uniform Firearms Act. http://www.acslpa.org/pa_uniform_firearms_act.htm Especially the parts about transporting and carrying.Last edited by PisnNapalm; February 26th, 2008 at 10:14 PM.
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February 26th, 2008, 10:13 PM #3
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February 26th, 2008, 10:19 PM #4
Re: act 235/concealed question
Another ditto. Your going to have to hope for a sympathetic DA/judge.
Hire an attorney for sure!
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February 26th, 2008, 10:59 PM #5Junior Member
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Re: act 235/concealed question
actuallly, The DA decided not to press charges so im good in that sense.
and i understand that act 235 doesnt allow me to carry while not working and thats not my issue.. i never do or ever would carry if it didnt fall into the act 235 requirements. my issue is, since im in my car and do fall into the 235 requirements since im in uniform, have my card and am driving home from work.. since im in my car and just happened to have my fleece over my duty belt, would they legally be able to charge me with carrying a concealed weapon
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February 26th, 2008, 11:06 PM #6
Re: act 235/concealed question
I don't see anywhere that 235 covers driving to or from work.
Any one know?
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February 26th, 2008, 11:19 PM #7
Re: act 235/concealed question
your fleece covering it has no bearing.
it is illegal to have a loaded weapon in a vehicle without a LTCF.
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February 26th, 2008, 11:29 PM #8Grand Member
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February 26th, 2008, 11:38 PM #9
Re: act 235/concealed question
I have to disagree, as there are quite a few exceptions in 6106 that allow you to carry without a LTCF. I'm going with he is perfectly legal. IANAL!!! But according to section 7 c of the act 235, "Every certified individual shall carry his wallet or billfold size certificate on his person as identification during the time when he is on duty or going to and from duty and carrying a lethal weapon". I will further say that 6106 b #6 states, "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".
I believe it is quite clearly stated that he may carry his weapon going to and from duty, and 6106 seems to include his job as a protector of property.Last edited by headcase; February 26th, 2008 at 11:39 PM. Reason: I really need to remember spell check :)
"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
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February 27th, 2008, 12:40 AM #10Junior Member
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Re: act 235/concealed question
see, i understand what you guys are saying..but i have been told by numerous people such as my 235 instructor, coworkers and a PA state constable that a 235 agent is permitted to carry the firearm 2 hrs before, during and 2 hrs after work..the fact that my firearm is loaded and in my vehicle means absolutely nothing since i fall within those requirements. im just not understanding why this officer wanted to charge me with carrying concealed simply because my fleece was over it... plus, the second he approached my window, i informed him that i am 235, returning from work and have a loaded holstered gun on my right side
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