Results 1 to 10 of 13
-
June 11th, 2009, 10:23 AM #1Senior Member
- Join Date
- Dec 2007
- Location
-
Conestoga,
Pennsylvania
(Lancaster County) - Posts
- 274
- Rep Power
- 9225
i am a little confused about something...i can legally carry a shotgun UNLOADED?
can i legally carry a shotgun UNLOADED in my car? it would be a long gun not a SBS and if it matters yes, i have a LTCF.
thanks.sig sauer p239 .357 sig DC(open carry for now)
witness .40s&w
.22mag/lr revolver
.22 remington rifle semiauto
12 ga moss 500 pistol grip(loaded with slug hollow points)[SIGPIC][/SIGPIC]
-
June 11th, 2009, 10:27 AM #2
Re: i am a little confused about something...i can legally carry a shotgun UNLOADED?
LTCF doesn't matter with long guns, they're not "firearms."
"Loaded" means "readily loadable." So as long as the ammo and shotgun are stored in separate parts (trunk, glove box) or locked boxes if you can't do that, then you're fine..
-
June 11th, 2009, 10:34 AM #3Senior Member
- Join Date
- Dec 2007
- Location
-
Conestoga,
Pennsylvania
(Lancaster County) - Posts
- 274
- Rep Power
- 9225
Re: i am a little confused about something...i can legally carry a shotgun UNLOADED?
sig sauer p239 .357 sig DC(open carry for now)
witness .40s&w
.22mag/lr revolver
.22 remington rifle semiauto
12 ga moss 500 pistol grip(loaded with slug hollow points)[SIGPIC][/SIGPIC]
-
June 11th, 2009, 10:57 AM #4
Re: i am a little confused about something...i can legally carry a shotgun UNLOADED?
“Firearm.” Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.
§6106.1. Carrying Loaded Weapons Other Than Firearms.
(a) General rule.—Except as provided in Title 34 (relating to game), no person shall carry a loaded pistol, revolver, shotgun or rifle, other than a firearm as defined in section 6102 (relating to definitions), in any vehicle The provisions of this section shall not apply to persons excepted from the requirement of a license to carry firearms under section 6106(b)( 1), (2), (5) or (6) (relating to firearms not to be carried without a license) nor shall the provi¬sions of this section be construed to permit persons to carry firearms in a vehicle where such conduct is prohibited by section 6106.
http://www.acslpa.org/pa_uniform_firearms_act.htm
1 - I'm not a lawyer
2- Might want to wait for others to chime in and verify or correct that first.
From what I gather, you can carry a rifle or shotgun loaded or unloaded, concealed or open, with or without a LTCF so long as it's not transported loaded. The only gun which is allowed to be carried loaded in a vehicle is a "firearm" (defined above) if you have a LTCF. If not, then you can only carry firearms unloaded in your vehicle to and from specific locations among other things..
-
June 11th, 2009, 11:04 AM #5Grand Member
- Join Date
- Jul 2007
- Location
-
Bangor,
Pennsylvania
(Northampton County) - Posts
- 1,843
- Rep Power
- 938601
Re: i am a little confused about something...i can legally carry a shotgun UNLOADED?
Copied from 6102..definitions:
"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.§6106.1. Carrying Loaded Weapons Other Than Firearms.
(a) General rule.—Except as provided in Title 34 (relating to game), no person shall carry a loaded pistol, revolver, shotgun or rifle, other than a firearm as defined in section 6102 (relating to definitions), in any vehicle The provisions of this section shall not apply to persons excepted from the requirement of a license to carry firearms under section 6106(b)( 1), (2), (5) or (6) (relating to firearms not to be carried without a license) nor shall the provi¬sions of this section be construed to permit persons to carry firearms in a vehicle where such conduct is prohibited by section 6106."Loaded" means "readily loadable." So as long as the ammo and shotgun are stored in separate parts (trunk, glove box) or locked boxes if you can't do that, then you're fine.
If the gun is not loaded as defined in 6200...I'd say one would be legal in this case,relating to non NFA long guns.
I'm not a lawyer either.Last edited by reverserboy; June 11th, 2009 at 11:42 AM.
-
June 11th, 2009, 11:37 AM #6
Re: i am a little confused about something...i can legally carry a shotgun UNLOADED?
Slightly off topic but important.
Not "firearms" for the purposes of 18Pa.C.S.6106.1 as they do not meet the definition of "firearms" per 18Pa.C.S.6102.
Keep in mind that they ARE "firearms" per different parts of the UFA where they are specifically included as such. I point this out because it is dangerous to say that "long guns are not firearms" per Pa. Law because of 6102. That is only true for sections that default to the 6102 definition. Which is not all sections.
Now, regardless the definition of "firearm", LTCF is irrelevant because 18Pa.C.S.6106.1 prohibits loaded long guns in vehicles by name (shotguns/rifles). LTCF is an exception only for those firearms covered by an LTCF (there's your 6102).
No it does not. It means what the statute says.
"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.
ref 18Pa.C.S.6102
Not correct.
If you read the above definition of "loaded" you will see that there is NO requirement to keep the ammunition in a seperate compartment, locked or otherwise UNLESS the ammunition is in a magazine that the firearm or long gun accepts. Then it needs to be in a separate compartment. Lock not required. This applies to in Pa. only obviously._________________________________________
danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
you won't, I will not sit with my thumb up my bum and complain, because you will.
-
June 11th, 2009, 11:52 AM #7Super Member
- Join Date
- Feb 2009
- Location
-
*
- Posts
- 811
- Rep Power
- 24639
-
June 11th, 2009, 12:18 PM #8
Re: i am a little confused about something...i can legally carry a shotgun UNLOADED?
.
-
June 11th, 2009, 12:45 PM #9
Re: i am a little confused about something...i can legally carry a shotgun UNLOADED?
So, if I understand the law in PA correctly, I could legally keep a unloaded pump action shotgun in my car/truck and have the ammo stored on the side-saddle.
"Giving up freedom for security is beginning to look naïve".
-
June 11th, 2009, 01:38 PM #10
Re: i am a little confused about something...i can legally carry a shotgun UNLOADED?
As well as what has already been stated about being able to carry an unloaded long barreled shotgun (or rifle) in a vehicle regardless of having a license to carry a firearm (LTCF), it should be pointed out that carrying a firearm of any type, including long barreled shotguns and rifles, during a declared state of emergency (18 Pa.C.S. § 6107) or within a city of the first class, i.e., Philadelphia, (18 Pa.C.S. § 6108) does require a license to carry a firearm (LTCF). This would be an example of what Pa. Patriot mentioned above where “firearm” doesn’t include long barreled shotguns and rifles for 18 Pa.C.S. § 6106.1, but does include them in 18 Pa.C.S. § 6107 and 18 Pa.C.S. § 6108 through either an explicit overriding definition or separate inclusion.
Similar Threads
-
Unloaded to oc?
By JGeezer1986 in forum GeneralReplies: 26Last Post: June 7th, 2009, 01:54 PM -
Moving to NJ - Can I Still Legally Carry in PA w/ PA Permit?
By D-Man in forum GeneralReplies: 32Last Post: January 2nd, 2009, 05:11 PM -
Loaded or unloaded?
By cznut in forum GeneralReplies: 51Last Post: March 11th, 2008, 10:20 AM -
Handgun hunting -- how to legally carry
By revo in forum HuntingReplies: 5Last Post: September 23rd, 2007, 11:52 AM -
Unloaded rifle in the trunk outside of PA?
By RandomTask in forum GeneralReplies: 2Last Post: June 12th, 2007, 11:30 PM
Bookmarks