Pennsylvania Firearm Owners Association
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  1. #1
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    Default 19 year old looking to OC

    Hi guys, I'm new to the forum and I would like to get a gun soon. I recently found out that a gun can be given to me as a gift, by my grandparents or parents, and that I can also Open Carry.
    I just called TargetMaster about a firearms training course, and they said that I can only come to the course without a parent/grandparent, if they give their written consent. There's no problem there, but he said I can't come and shoot by myself, after the course is over. I would like to do that. I plan to get a non-resident LTCF from Maine, after my course is complete.
    I then asked him about my grandparents/parents giving a gun to me as a GIFT, and they seemed like they weren't aware of the laws ... They said that anyone under 21 can't own a gun. To my knowledge, from what I have read, that is a false statement. So basically, I need some questions answered if you guys don't mind.

    1. If a gun is given as a gift to me, by my grandparents/parents, can it be transferred into my name? If so, how is this done?

    2. How do I legally transport the gun (in my car), to and from the firing range, during the time period where I don't have my non-resident LTCF from Maine? If there is a way that I can legally transport it, before i get my non-resident LTCF, does the magazine have to be separate from the gun and locked up, or can I open carry it?

    3. I've read, that there isn't a law pertaining to Open Carry. Since there is no law pertaining to Open Carry, I've read that it makes it "de facto legal", for someone over 18 to do so. What does that term mean, and is there a reference to it somewhere?

    4. Can I buy ammunition for the gun, or do my grandparents/parents have to?

    5. Where is a good gun store & range, that is aware of PA gun laws (under 21 handgun laws), offers a firearms course, and is near Lancaster/Chester county?

    If you could provide links to the PA laws pertaining to each of these questions, so I could print them out, that would be awesome. Any help is greatly appreciated. Thank you.

  2. #2
    Join Date
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    Default Re: 19 year old looking to OC

    Heres a link that may be helpful also, to legally transport your gun in a vehicle, you must lock the handgun in the trunk and sepeerate from your ammo. Has to be to and from range and you cant keep it in your car all the time so open carry all the time will be difficult for you unless your just walking to mail box to get your mail

    http://paopencarry.org/
    Open Carry - Yes, It's Legal
    In Pennsylvania, persons 18 years of age and older whom are not prohibited by law from owning firearms may openly carry a handgun in plain sight with no license except in vehicles*, cities of the first class** (Philadelphia) and where prohibited specifically by statute.

    Ref.: Title 18, ch.61, Subchapter A. Uniform Firearms Act & Commonwealth v. Ortiz

    * Open carry in a vehicle requires a valid PA License to Carry Firearms (LTCF) or a carry license from ANY other state. Ref: Title 18 §6106

    ** Open carry in a city of the first class requires a valid PA LTCF or a carry license from a reciprocal state. Ref: Title 18 §6108, Title 18 §6106

    Carrying concealed (with LTCF) or openly in establishments that serve alcohol is allowed in Pennsylvania.

    There is no stipulation in neither the PA code nor case law that a PA LTCF holder must carry concealed. Furthermore, lawful open carry of a firearm is NOT grounds for revocation of a PA LTCF as it is neither an illegal nor dangerous act.
    Last edited by shortthrow50; December 13th, 2010 at 07:54 PM.

  3. #3
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    (Jefferson County)
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    Default Re: 19 year old looking to OC

    Quote Originally Posted by KeepShootin View Post
    Hi guys, I'm new to the forum and I would like to get a gun soon. I recently found out that a gun can be given to me as a gift, by my grandparents or parents, and that I can also Open Carry.
    I just called TargetMaster about a firearms training course, and they said that I can only come to the course without a parent/grandparent, if they give their written consent. There's no problem there, but he said I can't come and shoot by myself, after the course is over. I would like to do that. I plan to get a non-resident LTCF from Maine, after my course is complete.
    I then asked him about my grandparents/parents giving a gun to me as a GIFT, and they seemed like they weren't aware of the laws ... They said that anyone under 21 can't own a gun. To my knowledge, from what I have read, that is a false statement. So basically, I need some questions answered if you guys don't mind.

    1. If a gun is given as a gift to me, by my grandparents/parents, can it be transferred into my name? If so, how is this done? A Sheriff can do it, but most wont do it. Nor is it necessary - the gun is yours legally

    2. How do I legally transport the gun (in my car), to and from the firing range, during the time period where I don't have my non-resident LTCF from Maine? If there is a way that I can legally transport it, before i get my non-resident LTCF, does the magazine have to be separate from the gun and locked up, or can I open carry it? unloaded. The range exemption doesn't require the gun to be in a case. But you cannot have the gun and loaded magazines in the same container. So you could place your loaded mags in a container, or in the trunk, etc, and still have the gun on your person.

    3. I've read, that there isn't a law pertaining to Open Carry. Since there is no law pertaining to Open Carry, I've read that it makes it "de facto legal", for someone over 18 to do so. What does that term mean, and is there a reference to it somewhere? If it isn't illegal, it is legal. Laws make actions illegal. Since there is no law against open carry - it is therefor legal.

    4. Can I buy ammunition for the gun, or do my grandparents/parents have to? Your parents or grandparents will have to buy the ammo for you.

    5. Where is a good gun store & range, that is aware of PA gun laws (under 21 handgun laws), offers a firearms course, and is near Lancaster/Chester county? You can try a sportsmans club.. they usually aren't as Nazi as other commercial places.

    If you could provide links to the PA laws pertaining to each of these questions, so I could print them out, that would be awesome. Any help is greatly appreciated. Thank you.
    See red above.

    You do not need your grandparent's written consent to own, transport, possess, and openly carry a handgun that they gave you.

    You only need to be 18 to own a handgun. You have to be 21 to buy a handgun from a FFL(dealer). And you have to be 21 to buy ammo for a handgun - which includes even 30-30 ammo for a T/C Contender or BFR. Also 410 shotguns shells for a Taurus Judge. However if the ammo is for a long gun you can buy it.

    18 is the age of possession: http://reference.pafoa.org/statutes/...earm-by-minor/
    exemptions for carrying concealed and in a vehicle: http://reference.pafoa.org/statutes/...out-a-license/
    Loans and gifts: http://reference.pafoa.org/statutes/...ms-prohibited/
    Transfers/sales: (see sub-paragraph C) http://reference.pafoa.org/statutes/...r-of-firearms/
    Last edited by knight0334; December 13th, 2010 at 08:00 PM.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  4. #4
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    Default Re: 19 year old looking to OC

    Quote Originally Posted by knight0334 View Post
    See red above.

    You do not need your grandparent's written consent to own, transport, possess, and openly carry a handgun that they gave you.

    You only need to be 18 to own a handgun. You have to be 21 to buy a handgun from a FFL(dealer). And you have to be 21 to buy ammo for a handgun - which includes even 30-30 ammo for a T/C Contender or BFR. Also 410 shotguns shells for a Taurus Judge. However if the ammo is for a long gun you can buy it.
    I've also seen gun shops give people under 21 a hard time with buying 22 Long Rifle because it too can be used in a handgun.

  5. #5
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    Default Re: 19 year old looking to OC

    Please be sure to read up everything you can on OC. The fact your completely legal doesn't mean your not going to get hassled, possibly even arrested. I don't say this to dissuade you...your of age and therefore it isn't my business....but if you opt for OC prepare yourself.

    So far I'd say your on the right track, you came here to learn. There is a lot to learn. Check out the forum library and laws. You can also go to your local Sheriff or state representative and pick up a book of all PA firearm laws, it's free. Best of luck.....but back up that luck with knowledge.
    When the SHTF......be the fan.

  6. #6
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    Default Re: 19 year old looking to OC

    Wow! You guys have been very helpful. Thank you. I still have a few things I would like to clarify though...

    1. If a gun is given as a gift to me, by my grandparents/parents, can it be transferred into my name? If so, how is this done? A Sheriff can do it, but most wont do it. Nor is it necessary - the gun is yours legally
    I need something to say that it is mine though. Let's say I had to use my gun for self defense. I don't want anything coming back to my grandparents/parents, who gave me the gun. I'm not sure that I understand how, once they buy the gun and give it to me, it's not in their name anymore. It's seems like there would be some form of paperwork, to make the transfer official.

  7. #7
    Join Date
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    (Beaver County)
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    Default Re: 19 year old looking to OC

    Quote Originally Posted by knight0334 View Post
    See red above.

    You do not need your grandparent's written consent to own, transport, possess, and openly carry a handgun that they gave you.

    You only need to be 18 to own a handgun. You have to be 21 to buy a handgun from a FFL(dealer). And you have to be 21 to buy ammo for a handgun - which includes even 30-30 ammo for a T/C Contender or BFR. Also 410 shotguns shells for a Taurus Judge. However if the ammo is for a long gun you can buy it.

    18 is the age of possession: http://reference.pafoa.org/statutes/...earm-by-minor/
    exemptions for carrying concealed and in a vehicle: http://reference.pafoa.org/statutes/...out-a-license/
    Loans and gifts: http://reference.pafoa.org/statutes/...ms-prohibited/
    Transfers/sales: (see sub-paragraph C) http://reference.pafoa.org/statutes/...r-of-firearms/
    Is the bolded section in the UFA? I thought it was store policy, not an actual law.



  8. #8
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    Default Re: 19 year old looking to OC

    Quote Originally Posted by KeepShootin View Post
    Wow! You guys have been very helpful. Thank you. I still have a few things I would like to clarify though...



    I need something to say that it is mine though. Let's say I had to use my gun for self defense. I don't want anything coming back to my grandparents/parents, who gave me the gun. I'm not sure that I understand how, once they buy the gun and give it to me, it's not in their name anymore. It's seems like there would be some form of paperwork, to make the transfer official.
    You can exchange receipts with the donor with notary to validate the dates/principals involved. There's no way to remove the donor on the sales database as the last purchaser but there's really no reason to be concerned about this. If the police trace the handgun for some reason they will come up with the donor on the sales record but that notarized receipt will prove the subsequent transfer to you.

    BTW - for this gift to take place without an FFL you and the donor (grandparent/parent) MUST be Pa residents.
    IANAL

  9. #9
    Join Date
    Sep 2009
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    OC, Pennsylvania
    (Venango County)
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    Default Re: 19 year old looking to OC

    Quote Originally Posted by KeepShootin View Post
    Wow! You guys have been very helpful. Thank you. I still have a few things I would like to clarify though...



    I need something to say that it is mine though. Let's say I had to use my gun for self defense. I don't want anything coming back to my grandparents/parents, who gave me the gun. I'm not sure that I understand how, once they buy the gun and give it to me, it's not in their name anymore. It's seems like there would be some form of paperwork, to make the transfer official.

    A transfer from you to an immediate family member, or vice versa requires no transfer paperwork.

  10. #10
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    Default Re: 19 year old looking to OC

    Quote Originally Posted by bdevil73 View Post
    Is the bolded section in the UFA? I thought it was store policy, not an actual law.
    Its Federal law if the purchase is from a licensed entity (ex FFL):

    18 USC 922
    (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
    (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;
    IANAL

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