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April 7th, 2012, 05:02 AM #1Junior Member
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Columbus,
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Reciprocity - Doesn't matter for non-resident
Greetings,
In the next several days I will be traveling through and staying in your fair state while on vacation. I live in Ohio and possess a permit to carry a concealed weapon issued by my county sheriff. I was concerned when I found OH and PA have not executed a Reciprocity agreement, and furthermore, it appeared PA firearm transportation laws appeared so strict as to preclude me from having my handgun in the car in any manner (unloaded, stripped,separated from ammunition, etc). HOWEVER, a careful reading of 18 Pa.C.S. § 6106 under exceptions appears to make it legal for ANYONE WITH A CCL FROM ANY OTHER STATE TO DO SO IN PA. 18 Pa.C.S. § 6106(2,B,11) says: "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."
In summary, all the concern and hand wringing about getting a non-resident permit seems moot. Agree, Disagree?
Norm
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April 7th, 2012, 06:23 AM #2Grand Member
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PA,
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Re: Reciprocity - Doesn't matter for non-resident
Correct. Stay more than 1000' from all federal school zones too.
You can carry in a vehicle with a permit from any state and open carry, but I do not believe you'd be able to conceal on your person. I don't believe you'd be able to carry in any manner in Phila
IANAL
Just want to caution you here. You're gambling with danger. Between a cop that doesn't know the law...
Apply for a PA LTCF. I HIGHLY suggest you doLast edited by BimmerJon; April 7th, 2012 at 06:26 AM.
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April 7th, 2012, 06:27 AM #3Junior Member
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Tipp City,
Ohio
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Re: Reciprocity - Doesn't matter for non-resident
I am not a lawyer, nor am I from PA, but I was aware of that clause (but the local cops probably aren't so you would likely be arrested if caught). My concern was always what would happen if I stepped out of my vehicle to get gas or food while concealed carrying. If you OC'd (which is legal in PA) you would be okay outside of your car but an overzealous cop seeing you get in your car with a weapon could then ask to see your LTCF and if they were unaware of it, you could be arrested. Eventually (hopefully) it would be sorted out but it could sure ruin a good day. I ended up getting a Utah permit to CYA.
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April 7th, 2012, 08:02 AM #4
Re: Reciprocity - Doesn't matter for non-resident
The OP should call around to PA sheriff's offices near where he will be entering PA and see which would issue a LTCF while he waits and make that his first stop in PA
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April 7th, 2012, 09:29 AM #5
Re: Reciprocity - Doesn't matter for non-resident
A license/permit from ANY other state is valid within a vehicle in PA.
If you take the handgun out of the vehicle you will have to carry it openly since there isn't a reciprocal agreement between OH and PA.
If you go to Philly the gun will have to stay in the vehicle no matter what because of the same reason mentioned above. Even open carry requires a LCTF or reciprocal license/permit in Philly.
Stay 1000ft away from any K-12 grade school.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!
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April 7th, 2012, 10:50 AM #6
Re: Reciprocity - Doesn't matter for non-resident
I think as a practical matter that is near impossible. My car GPS has no settings that would warn me. If I were driving through an unfamiliar town, how can one know if there is a school a school around the next curve? I know of schools whose properties back up to interstate highways.
The whole 1000 foot thing was the primary reason that I got my LTCF (even though I only have long guns). I just can't see how you can't end up driving past one someplace, sometime. Even with the "locked case" exception I would rather have the license.
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April 7th, 2012, 10:59 AM #7
Re: Reciprocity - Doesn't matter for non-resident
Please print and carry this with you:
Attorney General of PA Opinion
The sheriff has no say, the PA gun laws are what's know as Preemptive, meaning other jurisdictions in PA have no authority to make law in that area.
The City of Philadelphia has tried repeatedly; they are loose cannons. Their word means as much as a homeless person.
I'm headed up that way today and will print and carry it. They grab my ass after being told what the law is, shame on 'em.Those who make peaceful revolution impossible will make violent revolution inevitable.
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April 7th, 2012, 11:34 AM #8Grand Member
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April 7th, 2012, 11:51 AM #9
Re: Reciprocity - Doesn't matter for non-resident
Yes, in a suburban/urban environment, it highly unlikely that GFSZs would not be inadvertently entered and the only way of absolutely avoiding a violation is to assure you qualify for one of the enumerated exception of 18 USC 922(a) [GFSZA] - such as licensed to possess in the host state or locked and unloaded. Fortunately one can take some comfort that, absent some other criminal activity, 922(q) is not charged as a stand alone offense but that's not to imply that the risk that it can happen to you is zero.
I don't think so.
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Incidentally consider:
Many other laws and legislation run afoul of 922(q) in that a stringent application of the GFSZA essential thwarts the purpose of LEOSA, state reciprocities, constitutional carry states, in-state off duty LEOs as well as the pending 'National Reciprocity' (HB822/SB2188).
Sooner or later a court will have to resolve these conflicts to the detriment and hopefully demise of 922(q).IANAL
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April 7th, 2012, 12:31 PM #10
Re: Reciprocity - Doesn't matter for non-resident
It's a good reference. Unfortunately for this poster it's meaningless. Once you read the whole Atty General statement you see where they point out that PA and Ohio have NO reciprocity. So he might be covered by the "any state" provision while in his vehicle, but could ONLY open carry outside and not at all (either way) in Philadelphia.
Insofar as the "Sheriff has no say"... by PA law the Sheriff in a county (of residence, for a PA resident) is the issuing authority for the LTCF. If a county Sheriff is willing to issue a non-resident permit (several are) based on the fact that the OP has a license from his state of residence (a requirement for issue -reciprocal or not) applying for and receiving such a license could solve the problem.
IANAL -this is not legal advice. Do your own research and make informed choices.
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