Question about Open Carrying transportation rules.

[jcabin]

I know Open Carry means you cannot wear your pistol or have it on your person while in a vehicle, you must be on foot. That being said, If I wanted to OC somewhere that walking to wouldnt be possible, how would I transport my pistol there, and would it be legal to transport my pistol to a location following said guide lines. I've been told I can in fact OC at locations where it would be necessary to drive to, however I would have to keep the ammunition and the pistol seperated, as if I were going to the range/gunsmith/gunshop; IE pistol in pistol case locked in trunk, and ammuntion locked in glove box. Now with that being covered, and if it does turn out to be the proper legal procedure for transporting a pistol with intent to OC, if the police are called and come to find me going about my law abiding business, what are my chances of getting in legal trouble because I haven't received my LTCF yet?

[XD45]

I know Open Carry means you cannot wear your pistol or have it on your person while in a vehicle, you must be on foot. That being said, If I wanted to OC somewhere that walking to wouldnt be possible, how would I transport my pistol there, and would it be legal to transport my pistol to a location following said guide lines. I've been told I can in fact OC at locations where it would be necessary to drive to, however I would have to keep the ammunition and the pistol seperated, as if I were going to the range/gunsmith/gunshop; IE pistol in pistol case locked in trunk, and ammuntion locked in glove box. Now with that being covered, and if it does turn out to be the proper legal procedure for transporting a pistol with intent to OC, if the police are called and come to find me going about my law abiding business, what are my chances of getting in legal trouble because I haven't received my LTCF yet?

IANAL, but as far as I know you can only transport a firearm to and from the range, gunsmith, place of sale, your work, and a few exceptions like that when you dont have an LTCF. Pretty much puts a big damper on OCing with no papers.

[knight0334]

I know Open Carry means you cannot wear your pistol or have it on your person while in a vehicle, you must be on foot. That being said, If I wanted to OC somewhere that walking to wouldnt be possible, how would I transport my pistol there, and would it be legal to transport my pistol to a location following said guide lines. I've been told I can in fact OC at locations where it would be necessary to drive to, however I would have to keep the ammunition and the pistol seperated, as if I were going to the range/gunsmith/gunshop; IE pistol in pistol case locked in trunk, and ammuntion locked in glove box. Now with that being covered, and if it does turn out to be the proper legal procedure for transporting a pistol with intent to OC, if the police are called and come to find me going about my law abiding business, what are my chances of getting in legal trouble because I haven't received my LTCF yet?

Unless its one of the defined locations/routes/activites listed in the 6106 - you dont transport it unless you have a LTCF.

Example, the mall... Unless you can walk there, a trip to the mall while open carrying in a vehicle is prohibited. Same with Walmart, the grocery store, down to Sheetz for hotdogs and smokes, etc..

You have to have a license, unless your reason for having it in the vehicle is exempted in § 6106(b)1~15

§ 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
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.
(b) Exceptions.--The provisions of subsection (a) shall not
apply to:
(1) Constables, sheriffs, prison or jail wardens, or
their deputies, policemen of this Commonwealth or its
political subdivisions, or other law-enforcement officers.
(2) Members of the army, navy, marine corps, air force
or coast guard of the United States or of the National Guard
or organized reserves when on duty.
(3) The regularly enrolled members of any organization
duly organized to purchase or receive such firearms from the
United States or from this Commonwealth.
(4) Any persons engaged in target shooting with a
firearm, if such persons are at or are going to or from their
places of assembly or target practice and if, while going to
or from their places of assembly or target practice, the
firearm is not loaded.
(5) Officers or employees of the United States duly
authorized to carry a concealed firearm.
(6) Agents, messengers and other employees of common
carriers, banks, or business firms, whose duties require them
to protect moneys, valuables and other property in the
discharge of such duties.
(7) Any person engaged in the business of manufacturing,
repairing, or dealing in firearms, or the agent or
representative of any such person, having in his possession,
using or carrying a firearm in the usual or ordinary course
of such business.
(8) Any person while carrying a firearm which is not
loaded and is in a secure wrapper from the place of purchase
to his home or place of business, or to a place of repair,
sale or appraisal or back to his home or place of business,
or in moving from one place of abode or business to another
or from his home to a vacation or recreational home or
dwelling or back, or to recover stolen property under section
6111.1(b)(4) (relating to Pennsylvania State Police), or to a
place of instruction intended to teach the safe handling, use
or maintenance of firearms or back or to a location to which
the person has been directed to relinquish firearms under 23
Pa.C.S. § 6108 (relating to relief) or back upon return of
the relinquished firearm or to a licensed dealer's place of
business for relinquishment pursuant to 23 Pa.C.S. § 6108.2
(relating to relinquishment for consignment sale, lawful
transfer or safekeeping) or back upon return of the
relinquished firearm or to a location for safekeeping
pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment
to third party for safekeeping) or back upon return of the
relinquished firearm.
(9) Persons licensed to hunt, take furbearers or fish in
this Commonwealth, if such persons are actually hunting,
taking furbearers or fishing as permitted by such license, or
are going to the places where they desire to hunt, take
furbearers or fish or returning from such places.
(10) Persons training dogs, if such persons are actually
training dogs during the regular training season.
(11) 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.
(12) A person who has a lawfully issued license to carry
a firearm pursuant to section 6109 (relating to licenses) and
that said license expired within six months prior to the date
of arrest and that the individual is otherwise eligible for
renewal of the license.
(13) Any person who is otherwise eligible to possess a
firearm under this chapter and who is operating a motor
vehicle which is registered in the person's name or the name
of a spouse or parent and which contains a firearm for which
a valid license has been issued pursuant to section 6109 to
the spouse or parent owning the firearm.
(14) A person lawfully engaged in the interstate
transportation of a firearm as defined under 18 U.S.C. §
921(a)(3) (relating to definitions) in compliance with 18
U.S.C. § 926A (relating to interstate transportation of
firearms).
(15) Any person who possesses a valid and lawfully
issued license or permit to carry a firearm which has been
issued under the laws of another state, regardless of whether
a reciprocity agreement exists between the Commonwealth and
the state under section 6109(k), provided:
(i) The state provides a reciprocal privilege for
individuals licensed to carry firearms under section
6109.
(ii) The Attorney General has determined that the
firearm laws of the state are similar to the firearm laws
of this Commonwealth.
(c) Sportsman's firearm permit.--
(1) Before any exception shall be granted under
paragraph (b)(9) or (10) of this section to any person 18
years of age or older licensed to hunt, trap or fish or who
has been issued a permit relating to hunting dogs, such
person shall, at the time of securing his hunting, furtaking
or fishing license or any time after such license has been
issued, secure a sportsman's firearm permit from the county
treasurer. The sportsman's firearm permit shall be issued
immediately and be valid throughout this Commonwealth for a
period of five years from the date of issue for any legal
firearm, when carried in conjunction with a valid hunting,
furtaking or fishing license or permit relating to hunting
dogs. The sportsman's firearm permit shall be in triplicate
on a form to be furnished by the Pennsylvania State Police.
The original permit shall be delivered to the person, and the
first copy thereof, within seven days, shall be forwarded to
the Commissioner of the Pennsylvania State Police by the
county treasurer. The second copy shall be retained by the
county treasurer for a period of two years from the date of
expiration. The county treasurer shall be entitled to collect
a fee of not more than $6 for each such permit issued, which
shall include the cost of any official form. The Pennsylvania
State Police may recover from the county treasurer the cost
of any such form, but may not charge more than $1 for each
official permit form furnished to the county treasurer.
(2) Any person who sells or attempts to sell a
sportsman's firearm permit for a fee in excess of that amount
fixed under this subsection commits a summary offense.
(d) Revocation of registration.--Any registration of a
firearm under subsection (c) of this section may be revoked by
the county treasurer who issued it, upon written notice to the
holder thereof.
(e) Definitions.--
(1) For purposes of subsection (b)(3), (4), (5), (7) and
(8), the term "firearm" shall include any weapon which is
designed to or may readily be converted to expel any
projectile by the action of an explosive or the frame or
receiver of the weapon.
(2) As used in this section, the phrase "place of
instruction" shall include any hunting club, rifle club,
rifle range, pistol range, shooting range, the premises of a
licensed firearms dealer or a lawful gun show or meet.

[jcabin]

ok, understood. That being covered, now If i was to spend the weekend, or a couple days at a friends house, which was in walking distance of several places i wanted to shop at, or grab a bite to eat, would I be able to transport my gun to their house, being that it would be my vacation/recreational dwelling? From that point being in my legal right to OC?

[knight0334]

ok, understood. That being covered, now If i was to spend the weekend, or a couple days at a friends house, which was in walking distance of several places i wanted to shop at, or grab a bite to eat, would I be able to transport my gun to their house, being that it would be my vacation/recreational dwelling? From that point being in my legal right to OC?

Hmmmm.... good question..

It'd depend on what PA calls "a place of abode" too.. In times before, it meant the place where you rest or seek shelter whether temporary or permanent. ...god knows what it means now.

The vacation/recreational dwelling thing could be construed to mean like a camp, campsite, tent, etc..

Hopefully one of the lawyers here can help ya with that one.

I'm sure though if your friend's place is considered as your place of abode even temporarily - that transporting from one place of abode to another would be covered. Then the subsequent open carry on foot would be no problem.

[sjl127]

You're fine, just keep it locked in the car, and everything separate until you get on foot.

[jcabin]

The vacation/recreational dwelling thing could be construed to mean like a camp, campsite, tent, etc..

Hopefully one of the lawyers here can help ya with that one.

I don't think it could mean campsites, because firearms are illegal on state park land.

and yes hopefully a lawyer can get me some more information on this.

[knight0334]

I don't think it could mean campsites, because firearms are illegal on state park land.

and yes hopefully a lawyer can get me some more information on this.

I dont mean to chuckle LOL - but camping only takes place at state parks???

[jcabin]

if its not property owned by the state, its privately owned property.

[knight0334]

State owned property is public property. IE: state parks, forests, game lands, Fish & Boat lakes*, etc. Only one of which has a regulation against firearms*. The exemption says "in" one's place of abode, being on private property - whether its yours or someone else's doesn't count as "in" a place of abode. ..Since a place of abode is a shelter or home.

What I was chuckling at was your reply sounded like you could only "camp" at state parks. Most of my camping is done on private property.


*some fish & boat/DCNR lakes are still posted, while others have new posters allowing carrying under 6106/6109.