How is open carry legal? (Just a noob)

**spider87** · October 28th, 2010, 10:11 PM

I am just starting to read the laws on licensing and stuff (so forgive me for not knowing) and I keep seeing this:

"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."

I'm sure I'm just missing something but I wanted to clarify.

**Connal** · October 28th, 2010, 10:14 PM

Open Carry is legal, because there is no law against it.

What that phrase means, is basically, without a LTCF you need to follow strict regulations, and restrictions to carry, or transport a sidearm. But, with a LTCF, it makes the regulations and rules, a little less strict. Rep incoming for doing your research first.

**kcr121** · October 28th, 2010, 10:15 PM

How is wearing red pants with a yellow shirt legal?

Because there's no law prohibiting it in Pennsylvania.

**thebearpack** · October 28th, 2010, 10:15 PM

The LTCF is only needed to conceal the weapon or carry in a vehicle. Pennsylvania law says nothing about carrying openly so it's not prohibited; that means it's legal.

From this site's "Laws" section:

In Pennsylvania a License To Carry Firearms is only required to conceal a firearm, or to carry a firearm in a motor vehicle. The law is silent on the act of openly carrying a firearm while not in a vehicle making it de-facto legal. It must be noted however that due to 18 Pa.C.S. § 6108 (Carrying firearms on public streets or public property in Philadelphia) a License To Carry Firearms is required to carry a firearm in any manner on the streets or public property of a "City of the first class" (Philadelphia.)

**spider87** · October 28th, 2010, 10:43 PM

That's interesting. Thanks for clearing that up for me. However, I didn't know wearing red pants with a yellow shirt was legal...I thought the shirt had to be green... haha

**DonM55** · October 28th, 2010, 10:49 PM

The trick isn't finding the laws it's understanding them. This site is the best place to learn. Just search and if you can't find ask.

**ScarMack** · October 29th, 2010, 01:09 PM

Quick question. Open carry is 100% legal in PA. But can a local town in PA have its own law or rule? stating you cannot open carry in the town? Hope this makes sense.

Example.

I live in the town of Sharpsville, can sharpsville be a open carry friendly town but when I go into Sharon is it possible they are not a open carry town even though they are only 5minutes apart?

I had a confrontment with a off duty sherriff, I was meeting up with some buddies, one got a new apartment so we were all bs'in in the front lawn. And one of the guys that were there was a off duty officer. I was open carrying at the time. He noticed my gun and have me the "Hey! Is that a gun on your hip?" look. We started talking about guns and laws. He even went to his apartment, right next door and got out his kimber to show me. He didnt give me any trouble, didnt call a on duty officer to check me out. He did ask me how old I was, where I lived, if I had a LTCF, Yes I know I do not have to answer these questions and I know you dont need a LTCF to open carry, but I answered his questions anyways. Just didnt want to start anything since this was my first encounter with a officer and didnt want to scare my friends. So I simply answered everything he asked. He then went on to ask me if I knew the laws on Open Carry and I do, even had a Carry Pamphlet on me. He then went on to say how the law in PA can differ from each township, saying you can OC in one town but not in another. I wasnt aware of this. I figured since the "PA" law was your allowed to OC, minus federal building and a few places, everything was fair game. But I didnt call him out and say that was BS and I know my rights, I simply said I wasnt aware of such a law and would confirm this.

So, could I be breaking the law and not know it? And was this just a off duty cop trying to scare me?

**gnbrotz** · October 29th, 2010, 01:13 PM

Originally Posted by ScarMack

Quick question. Open carry is 100% legal in PA. But can a local town in PA have its own law or rule? stating you cannot open carry in the town? Hope this makes sense.

Example.

I live in the town of Sharpsville, can sharpsville be a open carry friendly town but when I go into Sharon is it possible they are not a open carry town even though they are only 5minutes apart?

I had a confrontment with a off duty sherriff, I was meeting up with some buddies, one got a new apartment so we were all bs'in in the front lawn. And one of the guys that were there was a off duty officer. I was open carrying at the time. He noticed my gun and have me the "Hey! Is that a gun on your hip?" look. We started talking about guns and laws. He even went to his apartment, right next door and got out his kimber to show me. He didnt give me any trouble, didnt call a on duty officer to check me out. He did ask me how old I was, where I lived, if I had a LTCF, Yes I know I do not have to answer these questions, but I did, didnt want to start anything since this was my first encounter with a officer. So I simply answered everything he asked. He then went on to ask me if I knew the laws on Open Carry and I do, even had a Carry Pamphlet on me. He then went on to say how the law in PA can differ from each township, saying you can OC in one town but not in another. I wasnt aware of this. I figured since the "PA" law was your allowed to OC, minus federal building and a few places, everything was fair game. But I didnt call him out and say that was BS and I know my rights, I simply said I wasnt aware of such a law and would confirm this.

So, could I be breaking the law and not know it? And was this just a off duty cop trying to scare me?

Whether through ignorance, or deceit, he is most definitely wrong.

§6120. Limitation on the Regulation of Firearms and Ammunition.

(a) General rule. No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this commonwealth.

(a. l) No right of action.

(1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.

(2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.

(b) Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Dealer." The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.

"Firearms." This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 (relating to sale and use of air rifles).

"Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.

(Chgd. by 1.1999, Act 59(7), eff.12/15/99.)

State law controls. They can enact their own measures that are less strict, or equal too state law, but cannot prohibit something that state law allows - like unlicensed open carry outside of Philly.

**mollymayhem82** · October 29th, 2010, 01:16 PM

Originally Posted by ScarMack

Quick question. Open carry is 100% legal in PA. But can a local town in PA have its own law or rule? stating you cannot open carry in the town? Hope this makes sense.

Example.

I live in the town of Sharpsville, can sharpsville be a open carry friendly town but when I go into Sharon is it possible they are not a open carry town even though they are only 5minutes apart?

I had a confrontment with a off duty sherriff, I was meeting up with some buddies, one got a new apartment so we were all bs'in in the front lawn. And one of the guys that were there was a off duty officer. I was open carrying at the time. He noticed my gun and we started talking about guns and laws. He even went to his apartment, right next door and got out his kimber to show me. He didnt give me any trouble, didnt call a on duty officer to check me out. He did ask me how old I was, where I lived, if I had a LTCF, Yes I know I do not have to answer these questions, but I did, didnt want to start anything since this was my first encounter with a officer. So I simply answered everything he asked. He then went on to ask me if I knew the laws on Open Carry and I do, even had a Carry Pamphlet on me. He then went on to say how the law in PA can differ from each township, saying you can OC in one town but not in another. I wasnt aware of this. I figured since the "PA" law was your allowed to OC, minus federal building and a few places, everything was fair game. But I didnt call him out and say that was BS and I know my rights, I simply said I wasnt aware of such a law and would confirm this.

So, could I be breaking the law and not know it? And was this just a off duty cop trying to scare me?

That's a bunch of BS. Laws don't change from town to town, except for Philadelphia. I don't open carry, because I don't like the attention, but my boyfriend schooled me in PA gun laws, like the UFA: http://reference.pafoa.org/statutes/...nd-ammunition/

(a) General rule.--No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.

**daschnoz** · October 29th, 2010, 01:19 PM

Originally Posted by gnbrotz

Whether through ignorance, or deceit, he is most definitely wrong.State law controls. They can enact their own measures that are less strict, or equal too state law, but cannot prohibit something that state law allows - like unlicensed open carry outside of Philly.

That doesn't mean that they don't try...

http://forum.pafoa.org/pennsylvania-...ml#post1365136