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Thread: legal question
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June 19th, 2010, 06:17 PM #1Grand Member
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legal question
If a pennsylvania resident wishes to carry a concealed weapon in our commonwealth, does the carrier need a Pennsylvania License to Carry, irrespective of any out of state non resident permits he or she may have that are recognized by the commonwealth of Pa?
I am posing this question relative to a state house bill being introduced by an anti-gun zealot from Delaware County, Bryan Lentz, who never saw an anti-gun ownership law he didn't like.
Lentz's bill would make it illegal for a Pennsylvania resident to carry a firearm concealed on the sole authority of a non resident out of state license, even is such license is recognized by Pa. He may be looking to illegalize an condition that could already be against the law. For a state legislator to make such a error, would expose a law maker that is ignorant of the law. I believe, that as a resident of Pennsylvania, one has to have a Pa. license to carry within the commonwealth.
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June 19th, 2010, 07:37 PM #2
Re: legal question
Many states have reciprocal agreements with Pennsylvania. This means that their license is good here and a PA LTCF is good there. Here is the list:
AK*, AR, AZ, CO†, FL†, GA, ID, IN, KY, LA, MI†, MO, MT, NC, NH†, OK, SD, TN, TX, UT, VA, VT*, WV, WY
Info gleaned from: http://paopencarry.org/pa-open-carry-information
Yes, it is legal and your assumption is wrong. Lentz is a shit head that should be afforded the opportunity to look for a job in the private sector.Join the groups protecting your rights from the fools trying to take them from you!
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June 19th, 2010, 08:09 PM #3
Re: legal question
Currently a Pa resident with a reciprocated out-of-state license can CC and vehicle carry in the Commonwealth regardless of whether he possesses a Pa LTCF or not.
18 Pa.C.S.A. § 6106. Firearms not to be carried without a license
(a) Offense defined.--
(1) Except as provided in paragraph (2), 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.(b) Exceptions.--The provisions of subsection (a) shall not apply to:
(2) A person who is otherwise eligible to possess a valid license under this chapter but 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 and has not committed any other criminal violation commits a misdemeanor of the first degree.
(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.
(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), provided:
(i) The state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109.
(ii) The Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.
Your belief is incorrect.Last edited by tl_3237; June 19th, 2010 at 08:13 PM.
IANAL
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June 19th, 2010, 10:41 PM #4Grand Member
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June 19th, 2010, 10:53 PM #5
Re: legal question
There's at least one judge whose reading skills are such that he believes in the OP's position:
http://forum.pafoa.org/concealed-ope...n-hearing.html
I disagree, and so does the PA Legislature, as well as everyone else up here on the other end of the bell curve. "Any person" who possesses a recognized out-of-state license may carry concealed on his person.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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