Pennsylvania Firearm Owners Association
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  1. #1
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    Default Carrying on a lost LTCF while waiting for replacement?

    A friend of mine lost his wallet with his LTCF in it. He has a scanned copy. Apparently Philly require a police report by PPD, investigated before replacement is issued so it's taking a bit of time. Can he still carry in the mean time?

    Thanks,
    Al
    "In a controversy, the instant we feel anger we have already ceased striving for the truth and have begun striving for ourselves." - Siddhartha Gautama

  2. #2
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    Default Re: Carrying on a lost LTCF while waiting for replacement?

    I was under the impression that if you do not have your LTCF on your person while you are carrying concealed, you are committing a felony.

    One option is to just open carry until his replacement card comes in to avoid issues.

  3. #3
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    Default Re: Carrying on a lost LTCF while waiting for replacement?

    Quote Originally Posted by LostBits View Post
    I was under the impression that if you do not have your LTCF on your person while you are carrying concealed, you are committing a felony.
    .
    Not a felony:
    http://reference.pafoa.org/statutes/...out-a-license/

    18 Pa.C.S. § 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.
    (2) A person who is otherwise eligible to possess a [FN1] 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.
    And even that wouldn't apply, because the OP is STILL licensed... he just lost the card.

    Quote Originally Posted by LostBits View Post
    One option is to just open carry until his replacement card comes in to avoid issues.
    In Philly, you need a LTCF even to OC.

    OP: You still have a LTCF, but you are required to produce it under lawful request. You risk being arrested and charged, but you have a solid defense in court.

    http://reference.pafoa.org/statutes/...and-exception/

    18 Pa.C.S. § 6122: Proof of license and exception

    (a) General rule.--When carrying a firearm concealed on or about one's person or in a vehicle, an individual licensed to carry a firearm shall, upon lawful demand of a law enforcement officer, produce the license for inspection. Failure to produce such license either at the time of arrest or at the preliminary hearing shall create a rebuttable presumption of nonlicensure.

    (b) Exception.--An individual carrying a firearm on or about his person or in a vehicle and claiming an exception under section 6106(b) (relating to firearms not to be carried without a license) shall, upon lawful demand of a law enforcement officer, produce satisfactory evidence of qualification for exception.
    Last edited by BimmerJon; February 10th, 2012 at 10:43 AM.

  4. #4
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    Default Re: Carrying on a lost LTCF while waiting for replacement?

    Quote Originally Posted by LostBits View Post
    I was under the impression that if you do not have your LTCF on your person while you are carrying concealed, you are committing a felony.

    One option is to just open carry until his replacement card comes in to avoid issues.
    Thank you. Bolded is not correct.

    § 6122. Proof of license and exception.
    (a) General rule.--When carrying a firearm concealed on or
    about one's person or in a vehicle, an individual licensed to
    carry a firearm shall, upon lawful demand of a law enforcement
    officer, produce the license for inspection. Failure to produce
    such license either at the time of arrest or at the preliminary
    hearing shall create a rebuttable presumption of nonlicensure.

    Quote Originally Posted by BimmerJon View Post
    In Philly, you need a LTCF even to OC.

    OP: You still have a LTCF, but you are required to produce it under lawful request. You risk being arrested and charged, but you have a solid defense in court.
    Yup. He's in Philly. Per the quoted section above though, is it sufficient to produce the copy of the LTCF, police report, and stated that he's waiting for reissue as proofs that he is licensed?

    I mean if you lost your DL and waiting for a re-issued one, you can still drive right?

    Al
    "In a controversy, the instant we feel anger we have already ceased striving for the truth and have begun striving for ourselves." - Siddhartha Gautama

  5. #5
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    Default Re: Carrying on a lost LTCF while waiting for replacement?

    Quote Originally Posted by mythaeus View Post

    ~snip~

    I mean if you lost your DL and waiting for a re-issued one, you can still drive right?

    Al
    http://www.dmv.state.pa.us/replaceme...gLicense.shtml

    Step 5: You may go to an On-Line Messenger Service or Driver License Center and apply for a duplicate Non-Commercial Driver’s license by using the DL-80 form. The messenger service can issue the customer an interim license that is valid for 15 days. This will allow you to have a valid product in your possession while PennDOT processes the duplicate request.
    .

  6. #6
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    Default Re: Carrying on a lost LTCF while waiting for replacement?

    You really have to report it stolen in Philadelphia? What is the logic behind that?

  7. #7
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    Default Re: Carrying on a lost LTCF while waiting for replacement?

    Quote Originally Posted by EandGWZ View Post
    You really have to report it stolen in Philadelphia? What is the logic behind that?
    That's what he told me that the automated system at Philadelphia Gun Permit Unit said. He couldn't get a hold of any live person to talk to.

    Logic? Ha!

    Al
    "In a controversy, the instant we feel anger we have already ceased striving for the truth and have begun striving for ourselves." - Siddhartha Gautama

  8. #8
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    Default Re: Carrying on a lost LTCF while waiting for replacement?

    Quote Originally Posted by mythaeus View Post
    That's what he told me that the automated system at Philadelphia Gun Permit Unit said. He couldn't get a hold of any live person to talk to.

    Logic? Ha!

    Al
    this goes back to "under the new system, the lost 'permit' must be revoked in order to issue a new one."

  9. #9
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    Default Re: Carrying on a lost LTCF while waiting for replacement?

    i was thinking about making a zerox copy of the permit. and carry the copy. anybodies thoughts on this. and leave the orginal in the vehicle. so not to be lost. but to be on hand.

  10. #10
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    Default Re: Carrying on a lost LTCF while waiting for replacement?

    Quote Originally Posted by bearman View Post
    i was thinking about making a zerox copy of the permit. and carry the copy. anybodies thoughts on this. and leave the orginal in the vehicle. so not to be lost. but to be on hand.
    http://forum.pafoa.org/concealed-ope...sion-ltcf.html

    http://forum.pafoa.org/concealed-ope...ml#post1822883

    http://forum.pafoa.org/concealed-car...st-permit.html

    http://forum.pafoa.org/concealed-car...ml#post1796756

    http://forum.pafoa.org/open-carry-14...ml#post1600341
    IANAL

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