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Thread: Loaded firearms in vehicle?
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May 19th, 2010, 11:21 AM #1Super Member
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Loaded firearms in vehicle?
I have read a number of posts about loaded long guns in vehicles and requiring that they be in the trunk ad that the ammo must be in a "locked and seperate container" Am I wrong? I have not heard of any such requirment for Pa. As far a I know any long gun must be unloaded when in a vehicle, moving or not and in any location, on the road or not. There id no requirment for the ammo just tha it can not be in the firearm and ther is not any requirment to case or box the firearm and that it be in the trunk. If so what do you do if you have a pickup or a suv that has no trunk? To me this has ben the rule by the PGC for many years now. If local law inforcement has a seperate law I do not know. I am talking about the average "hunting" firearm and not about LTCFA.
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May 19th, 2010, 11:27 AM #2
Re: Loaded firearms in vehicle?
18 Pa.C.S. § 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 provisions of this section be construed to permit persons to carry firearms in a vehicle where such conduct is prohibited by section 6106.
(b) Penalty.--A person who violates the provisions of this section commits a summary offense.18 Pa.C.S. § 6102: Definitions
Subject to additional definitions contained in subsequent provisions of this subchapter which are applicable to specific provisions of this subchapter, the following words and phrases, when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Commissioner." The Commissioner of the Pennsylvania State Police.
"Commonwealth Photo Imaging Network." The computer network administered by the Commonwealth and used to record and store digital photographs of an individual's face and any scars, marks, tattoos or other unique features of the individual.
"Conviction." A conviction, a finding of guilty or the entering of a plea of guilty or nolo contendere, whether or not judgment of sentence has been imposed, as determined by the law of the jurisdiction in which the prosecution was held. The term does not include a conviction which has been expunged or overturned or for which an individual has been pardoned unless the pardon expressly provides that the individual may not possess or transport firearms.
"County treasurer." The county treasurer or, in home rule or optional plan counties, the person whose duties encompass those of a county treasurer.
"Crime punishable by imprisonment exceeding one year."
The term does not include any of the following:
(1) Federal or State offenses pertaining to antitrust, unfair trade practices, restraints on trade or regulation of business.
(2) State offenses classified as misdemeanors and punishable by a term of imprisonment not to exceed two years.
"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.
"Fund." The Firearm Ownership Fund established in section 6111.3 (relating to Firearm Ownership Fund).
"Law enforcement officer." Any person employed by any police department or organization of the Commonwealth or political subdivision thereof who is empowered to effect an arrest with or without warrant and who is authorized to carry a firearm in the performance of that person's duties.
"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.
"Pennsylvania Sheriffs' Association." The State association of sheriffs authorized by the act of June 14, 1923 (P.L. 774, No. 305), [FN1] entitled "An act authorizing the sheriffs of the several counties of this Commonwealth to organize themselves into a State Association, for the purpose of holding annual meetings, to secure more uniformity and cooperation in the conduct of their offices, and providing for the payment of certain expenses in connection with such meetings by the various counties."
"Safekeeping permit." As defined in 23 Pa.C.S. § 6102 (relating to definitions).
"Sheriff."
(1) Except as provided in paragraph (2), the sheriff of the county.
(2) In a city of the first class, the chief or head of the police department.
Would seem that a detatchable magazine containing ammo must be physically separated from the gun, but if the gun does not utilize a detatchable magazine it simply may not contain ammo.
Hope that helps.Last edited by headcase; May 19th, 2010 at 11:30 AM.
"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
Hobson fundraiser Remember SFN Read before you Open Carry
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May 19th, 2010, 12:07 PM #3Super Member
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May 19th, 2010, 12:14 PM #4
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May 20th, 2010, 01:01 AM #5
Re: Loaded firearms in vehicle?
Or in a paperbag, a used sock, a rangebag, a tupperware container, or any other thing that would require you to have to do something before you could be considered to have "gotten" to it. If you have the gun in a case(soft or hard), the mag could be sitting right on top of it(outside the case), in the cab. It just has to be separated from the gun by something, it does not need to be locked up in a safe and kept under the spare tire. I would imagine the glove box thing would probably be the easiest, if you just threw an uncased gun on the seat.
"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
Hobson fundraiser Remember SFN Read before you Open Carry
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