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May 20th, 2009, 07:13 PM #1Active Member
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Is it legal to carry a gun in PA State Parks with valid LTCF ?
I had thought that the Pennsylvania legislature passed a law which was subsequently signed by the Governor that permits a person to carry a loaded firearm in a PA State Park if that person has a valid PA license to carry firearms. However, the DCNR website still has park regulations that say it is prohibited for a person to carry a loaded gun. Can you explain? Thanks.
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May 20th, 2009, 07:14 PM #2
Re: Is it legal to carry a gun in PA State Parks with valid LTCF ?
Its legal. Law was passed and signed. Went into affect about 12/16 of last year.
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May 20th, 2009, 07:15 PM #3Grand Member
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Re: Is it legal to carry a gun in PA State Parks with valid LTCF ?
CC is legal.
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May 20th, 2009, 07:17 PM #4
Re: Is it legal to carry a gun in PA State Parks with valid LTCF ?
Is Washington Crossing a State Park or National Park?
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May 20th, 2009, 07:19 PM #5
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May 20th, 2009, 07:22 PM #6
Re: Is it legal to carry a gun in PA State Parks with valid LTCF ?
What they both said but be aware ONLY CC and in-vehicle transportation is legal. OC is ILLEGAL.
18 Pa. CSA §6109. Licenses.
(a) Purpose of license.--A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle throughout this Commonwealth.
(m.2) Inconsistent provisions.--Notwithstanding the provisions of section 7506 (relating to violation of rules regarding conduct on Commonwealth property), 75 Pa.C.S. § 7727 (relating to additional limitations on operation) or the act of June 28, 1995 (P.L. 89, No. 18), [FN3] known as the Conservation and Natural Resources Act, and regulations promulgated under that act, a firearm may be carried as provided in subsection (a) by:
(1) a law enforcement officer whose current identification as a law enforcement officer shall be construed as a valid license to carry a firearm; or
(2) any licensee.IANAL
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May 20th, 2009, 07:24 PM #7
Re: Is it legal to carry a gun in PA State Parks with valid LTCF ?
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May 20th, 2009, 08:10 PM #8
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May 20th, 2009, 10:10 PM #9
Re: Is it legal to carry a gun in PA State Parks with valid LTCF ?
Where did you get that from?
6109(a) specifically mentions "a license" -- not a resident license, not a Pennsylvania license. The remainder of 6109 talks about how to get "a license," including section 6109(k) which allows for reciprocity of license.
Is some gov't agent saying they won't recognize a non-resident license?Last edited by Philadelphia; May 20th, 2009 at 10:23 PM.
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May 20th, 2009, 10:32 PM #10
Re: Is it legal to carry a gun in PA State Parks with valid LTCF ?
I am not a lawyer, of course, but I am reasonably sure that only a Pennsylvania license to carry a firearm will allow one to carry concealed or in a vehicle in a State Park. From the wording of the updated 18 Pa.C.S. § 6109 (Licenses), licenses from other states, whether reciprocal or not, do not grant this privilege. You can see the updated wording at the Unofficial Purdon's Pennsylvania Statutes from West site:
18 Pa.C.S. § 6109. LicensesSubsection (n) defines a “licensee” to be anyone licensed under this section, i.e., under § 6109. When other statutes use similar wording, “licensed under § 6109”, they refer only to a Pennsylvania license to carry and have a completely separate section with wording to allow licenses from other states. For example:
(a) Purpose of license.--A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle throughout this Commonwealth.
…
(m.2) Inconsistent provisions.--Notwithstanding the provisions of section 7506 (relating to violation of rules regarding conduct on Commonwealth property), 75 Pa.C.S. § 7727 (relating to additional limitations on operation) or the act of June 28, 1995 (P.L. 89, No. 18), known as the Conservation and Natural Resources Act, and regulations promulgated under that act, a firearm may be carried as provided in subsection (a) by:
(1) a law enforcement officer whose current identification as a law enforcement officer shall be construed as a valid license to carry a firearm; or(2) any licensee.…
(n) Definition.--As used in this section, the term "licensee" means an individual who is licensed to carry a firearm under this section.
- Concealed carry on foot is lawful with a:
- Pennsylvania license to carry a firearm due to 18 Pa.C.S. § 6106 (a)(1): “… a valid and lawfully issued license under this chapter”.
- license from a [potentially] reciprocal state due to 18 Pa.C.S. § 6106 (b)(15): “Any person who possesses a valid and lawfully issued license or permit to carry a firearm which has been issued under the laws of another state, regardless of whether a reciprocity agreement exists between the Commonwealth and the state under section 6109(k)…”.
- Carry within a vehicle is lawful with a:
- Pennsylvania license to carry a firearm due to 18 Pa.C.S. § 6106 (a)(1): “… a valid and lawfully issued license under this chapter”.
- license from any other state, reciprocal or not, due to 18 Pa.C.S. § 6106 (b)(11): “Any person while carrying a firearm in any vehicle, which person possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the United States or any other state.”
- Carry within a city of the first class is lawful with a:
- Pennsylvania license to carry a firearm due to 18 Pa.C.S. § 6108 (1): “such person is licensed to carry a firearm…”.
- license from a [potentially] reciprocal state due to 18 Pa.C.S. § 6108 (2): “such person is exempt from licensing under section 6106 of this title (relating to firearms not to be carried without a license).”
- Carry during a declared state of emergency is lawful with a:
- Pennsylvania license to carry a firearm due to 18 Pa.C.S. § 6107 (2): “Licensed to carry firearms under section 6109 (relating to licenses)…”.
- license from a [potentially] reciprocal state due to 18 Pa.C.S. § 6107 (2): “… or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).”
- Concealed carry in a State Park is lawful with a:
- Pennsylvania license to carry a firearm due to 18 Pa.C.S. § 6109 (m.2)(2) and (n), as quoted above.
- No such exemption from licensing under § 6109 exists, so there is no allowance for licenses from any another state, reciprocal or not.
P.S.: Our Reference Library really needs the new stuff in § 6109 added to it. Is that something us peon members can do, or do we have to have a mod or admin handle it?
- Concealed carry on foot is lawful with a:
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