Wheelchair as conveyance?

[howard stiffy]

I kicked myself for not thinking to ask at gunlawyer's seminar yesterday...

I was talking to a wheelchair bound friend about it...and since the wording is so open...I'm assuming that a wheelchair would be considered a conveyance, and he would need LTCF to wheel down the sidewalk.

Anybody know how other folks have dealt with this situation?

[Connal]

A friend of mine with Spina Bifida . . or however it is spelled. . spinabifada . . .I digress.

We talked about that before. The thought is a wheelchair counts as a conveyance, and if he is hunting, he isn't able to have a loaded long arm on his chair.

I posted a while ago about it, but nothing really solid came out of it.

[rmagill]

My understanding is that a wheelchair is both a legal "vehicle" and a personal item, depending on the situation.

I normally recommend every firearm owner should get their PA LTCF if they can, but I think it is doubly-true for our friends in wheelchairs. It is really cheap insurance against the jerk cop/da/etc. pressing charges for having a loaded firearm in a "vehicle".

[Totez]

My understanding is that a wheelchair is both a legal "vehicle" and a personal item, depending on the situation.

I normally recommend every firearm owner should get their PA LTCF if they can, but I think it is doubly-true for our friends in wheelchairs. It is really cheap insurance against the jerk cop/da/etc. pressing charges for having a loaded firearm in a "vehicle".

This raises an interesting question regarding the legality of the carry laws in my opinion. How can a law be Constitutional if it by default restricts an entire class of people from carry without a license.

The concealed carry laws in PA have been historically defended due to there being unlicensed open carry but this brings into question that defense in my opinion.

[JStem1283]

My understanding is that a wheelchair is both a legal "vehicle" and a personal item, depending on the situation.

I normally recommend every firearm owner should get their PA LTCF if they can, but I think it is doubly-true for our friends in wheelchairs. It is really cheap insurance against the jerk cop/da/etc. pressing charges for having a loaded firearm in a "vehicle".

I second everything said here. I have a buddy who has been paralyzed since he was 17. Just significantly easier all around to have a LTCF. Is it BS that it needs to be that way? Absolutely, but its just easier to CYA.

[knight0334]

Under the UFA it is probably a "vehicle". Under motorvehicle laws it isn't.

A jury would likely find a wheelchair to be just a personal mobility device though, and not a "vehicle". But, that is a roll of the dice. And only an asshole DA would push that issue.

[MT1]

A friend of mine with Spina Bifida . . or however it is spelled. . spinabifada . . .I digress.

We talked about that before. The thought is a wheelchair counts as a conveyance, and if he is hunting, he isn't able to have a loaded long arm on his chair.

I posted a while ago about it, but nothing really solid came out of it.

I think if you look into the PGC laws you'll find exceptions for those limited to wheel chairs. I have a relative who has hunted from both a wheel chair and an ATV. On one of our trips last fall I watched from my tree stand as WCO passed through, spoke to him, and even helped move a limb for a better view across the field as he sat in his chair with the rifle loaded. He is required to have a Disabled Person Permit which also allows him to sit in or near his truck.

I took a look at the PA Hunter & Trapper Digest. There are a few references to handicap and disabled but they are sketchy. Best bet would be to look up the actual code.

[Hawk]

I think if you look into the PGC laws you'll find exceptions for those limited to wheel chairs. I have a relative who has hunted from both a wheel chair and an ATV. On one of our trips last fall I watched from my tree stand as WCO passed through, spoke to him, and even helped move a limb for a better view across the field as he sat in his chair with the rifle loaded. He is required to have a Disabled Person Permit which also allows him to sit in or near his truck.

I took a look at the PA Hunter & Trapper Digest. There are a few references to handicap and disabled but they are sketchy. Best bet would be to look up the actual code.

Handicapped people can obtain a special permit to hunt from a vehicle.

http://www.portal.state.pa.us/portal...=596042&mode=2

A friend of mine has one and hunts in PA from a modified golf cart.

[streaker69]

Handicapped people can obtain a special license to hunt from a vehicle.

http://www.portal.state.pa.us/portal...=596042&mode=2

A friend of mine has one and hunts in PA from a modified golf cart.

Plus they may also hunt with a semi-auto.

[wewo]

You also have an ADA issue and perhaps an Equal Protection argument. Preventing a whole class of people from open carrying, or from carrying w/o a license based on their disability does not sound right to me.