What's the rule regarding having your permit ON you?

[Emptymag]

OK, so I come home from work, change into my "comfortable" jeans, eat, then take the dog for his walk.
No, I shouldn't HAVE to carry when I walk around the neighborhood, but the way things have changed over the years, you never know... shady groups of "kids", Pit bulls (these are the ones you DO have to FEAR), ice cream trucks (OK that MUSIC makes me nuts but I won't shoot!) etc...

At times, I have grabbed the leash, my coat and handgun and having forgotten that I had changed pants, set off to walk the dog around the block WITHOUT my permit in my pocket.

As I've forgotten to take my permit with me on a few occasions, I'm wondering...
is there is a "grace period" to produce it like when you are driving and don't have your DL on you?
I do keep a photocopy of it in my truck "just in case", but I've never driven anywhere without my DL on me and both are carried together.

My guess is that if you are being asked to see it by an officer, you probably have more important things to worry about, but I STILL would like to know the answer.

Anybody?

[KeithPA]

Packing and several other sites state "required to carry permit?" answer "yes"

But I don't know what exactly that means. Your required to have your DL on you but....like you said. "Valid and lawfully issued license" consistantly comes up in the PA UFA but I have never found anything stating you must carry the license in there. The PSP's FAQ doesn't say anything about carrying it on you (for whatever that is worth).

So I have no idea.

PSP FAQ

Attorney General's Site

PA UFA

Nothing in all 3

[danp]

I've always just rode along with what I read and assumed the answer was yes but since looking into it I can't seem to find the statute that requires this.

The closest thing I found was:

(a) Offense defined.--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.

There's many ways to read/parse/interpret those words and I am definitely not enough of an expert to do so (that's why lawyers get paid so much to do these things)

Perhaps GunLawyer or Rule10b5 could chime in and help.

[billamj]

I just double checked the "small print" on my LTCF and it doesn't say anything there about being required to have it on your person. Of course I would think that you could find yourself in some deep stuff if you are carrying and don't have it. Perhaps one of our fine lawyers will be able to clarify the point.

[Rule10b5]

I've always just rode along with what I read and assumed the answer was yes but since looking into it I can't seem to find the statute that requires this.

The closest thing I found was:

(a) Offense defined.--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.

There's many ways to read/parse/interpret those words and I am definitely not enough of an expert to do so (that's why lawyers get paid so much to do these things)

Perhaps GunLawyer or Rule10b5 could chime in and help.

That quote is specific to carrying while not licensed. Sure, you could be arrested for failing to produce a permit, but if you can produce (after the fact) a permit that was valid at the time you were arrested, you win.

Even setting that aside, the first thing any officer is going to do is check to see if you have a license issued to you. And if you do, why would he bother to arrest when he knows it's a loser case?

I'm unaware of any specific provision that says you have to carry it with you.

GunLawyer: You know of any case law to that effect? I've never had it come up.

[Steve in PA]

§6122. Proof of license and exception.

(a) General rule.—When carrying a firearm concealed on or about one’s person or in a vehicle, an individual licensed to carry a firearm shall, upon lawful demand of a law enforcement officer, produce the license for inspection. Failure to provide such license, either at the time of arrest or at the preliminary hearing, shall create a rebuttable presumption of nonlicensure.

(b) Exception.—An individual carrying a firearm on or about his person or in a vehicle and claiming an exception under section 6106(b) (relating to firearms not to be carried without a license) shall, upon lawful demand of a law enforcement officer, produce satisfactory evidence of qualification for exception.

[yobos4vr]

you could also open carry after all dogs aren't smart enough to notice, for the ice cream truck ever watch bones on fox? he let loose and blew holes in the head on top of the truck..lol

[dmg1969]

I checked the Cumberland County Sheriff's website and looked on my license and didn't see anything to indicate, but I carry mine in my wallet so I will never be without it while carrying.

Dave G.

[TrybalRage]

§6122. Proof of license and exception.

(a) General rule.—When carrying a firearm concealed on or about one’s person or in a vehicle, an individual licensed to carry a firearm shall, upon lawful demand of a law enforcement officer, produce the license for inspection. Failure to provide such license, either at the time of arrest or at the preliminary hearing, shall create a rebuttable presumption of nonlicensure.

(b) Exception.—An individual carrying a firearm on or about his person or in a vehicle and claiming an exception under section 6106(b) (relating to firearms not to be carried without a license) shall, upon lawful demand of a law enforcement officer, produce satisfactory evidence of qualification for exception.

Bingo, Steve. I remember reading that somewhere, for the life of me I don't know where. What is the source?

[Steve in PA]

My "source" is a cd by Gould containing the PA Crimes Code, Vehicle Code & a few others. Its the 2005 version, I'm waiitng for them to come out with the 2007 version.

The section actually comes from the UFA Act. You can also find the section on line here; http://members.aol.com/StatutesPA/18.html