Rumor vs. Law

**levergun** · January 24th, 2007, 07:13 PM

I moved to PA. 20 years ago from the Peoples Republic of New Jersey. I have always been a shooting and hunting fan, so I was happy to come to a state that respected their citizens. I had heard rumors that you could get a concealed carry permit in PA., something unheard of for the average citizen of N.J., so as soon as I could I got mine. Now keeping in mind that I am an avid gun owner and have lived here for 20 years, until I found this website, I had never heard that I could legally carry openly! Being from New Jersey, this fact was inconceivable to me, so much so that I never even thought to ask. I seriously doubt that I'm alone in my ignorance of the PA. laws regarding open carry. Is there any wonder why non-gun owners look aschew when they see someone carrying a gun openly? At this point I'm not sure that making people aware of their rights would be the right thing to do, or to just allow the ignorance go unimpeded. It's just possible that if the majority of the people were aware, we might see the laws change against us. By the same token, if they were more aware we might not face the hassle of having to explain our actions to other incredulous people or even LEOs.
Don

**whoshisface** · January 24th, 2007, 07:32 PM

If more people open carried they might pass a law against it.

Why would we care if they made it against the law if we aren't going to open carry.

Which came first the chicken or the egg.

I can tell you open carry came first. It's legal, in pa, everywhere you can have a gun except Philadelphia without a LTCF or in a vehicle or (I'm not sure if the new law is in effect yet) while hunting if it is not a revolver.

If we open carry the sheep might stop being afraid of guns, that is if they see them all the time they might just roll their eyes at you rather than freak out over a firearm.

**knight0334** · January 24th, 2007, 07:39 PM

When things that were once normal to see disappear, then reappear later - it tends to shock people. Most people have been sensitized by the media that carrying a gun is only done by LEO's and criminals. So when they see one on someone's side, it become inherent nature to assume they are a criminal and doing a criminal act when they dont see a uniform or badge.

The PA Supreme Court once ruled that carrying a firearm is a right, and that rights can not be taxed or a fee charged upon it to practice your right. Thats how open carry is legal, well that and the law is silent on "open carry". However, a city of the first class (Philly) somehow is above the law and judicial decree and is granted an exception. The Supreme Court of Ohio has a very similar ruling as well.

**LittleRedToyota** · January 24th, 2007, 07:45 PM

it would be very hard to reconcile a state law against open carrying with the state constitution (which says "the right of the people to keep and bear arms shall not be questioned").

of course, the courts let unconsitutional laws go all the time, so...

**Emptymag** · January 24th, 2007, 09:11 PM

At this point I'm not sure that making people aware of their rights would be the right thing to do, or to just allow the ignorance go unimpeded. It's just possible that if the majority of the people were aware, we might see the laws change against us.

I can see your point here.
If enough of the gun-fearing public "found out" about this "frightening" fact, there would, at a minimum, be an outcry to pass another "sensible" gun law to prohibit people from "carrying guns around and scaring us".

I remember when I got my first buck (about 14) and my dad stopped a Jamesway (remember them?) to pick up film for the camera. He always carried his Ruger Blackhawk when hunting ("just in case") and when he got out of the truck I said "You can't go in there with THAT!" He asked "why not?" and I said "you dont have a license do you?" "I don't NEED one" was the reply as he took off his coat and proceded into the store looking like a "huntin' version" of Wyatt Earp!
I learned something that day and I continue to "educate" those who ask about carrying a handgun.

Would I, myself open carry? Not a shot in Hell. Everyone's choice will depend on the individual and the surroundings. I'm not a big guy. I live in a very "urban" area. No reason to give a group of individuals a "head's up" that I'm armed and have them jump me from behind.

**Dismas** · January 25th, 2007, 12:08 PM

The only time I ever open carried was when I was visiting my cousin in Scottsdale, Arizona. We were driving around one day and he suggested we stop at a fast food place. We were both open carrying when we walked into the place. Once inside the store he headed for the bathroom and told me that he'd meet me on line in a minute or two. While I was waiting on the line, a sweet elderly lady tapped me on the shoulder. I turned around to see her and her husband. The wife smiled and said, "Excuse me, officer, but we're from Chicago and we are visiting our granddaughter. Can you tell us how to get back to Tempe?"

Not knowing how to get to Tempe myself, and a little fearful of the response I might engender if I told her that I was also a tourist in Arizona, I did what any cop that is asked for directions to an unfamiliar place would do. "Yes, ma'am," I said. "Make a right out of this parking lot and when you reach your seventh traffic light, make a left. That will lead you right into Tempe in no time."

About a minute later my cousin walked up to me. Suffice it to say, I suggested we make the order to go. I sure hope that elderly couple found their way back to Tempe.

**levergun** · January 25th, 2007, 08:50 PM

"Yes, ma'am," I said. "Make a right out of this parking lot and when you reach your seventh traffic light, make a left. That will lead you right into Tempe in no time." -Dismas

That's thinking on your feet!

Don

**SeaRider** · January 26th, 2007, 06:53 AM

Originally Posted by exceltoexcel

I can tell you open carry came first. It's legal, in pa, everywhere you can have a gun except Philadelphia without a LTCF or in a vehicle or (I'm not sure if the new law is in effect yet) while hunting if it is not a revolver.

.

Sorry for a little off track here but. Is that's means I can carry a concealed Semi/1911 (w/ltcf) while hunting and or open carry a Revolver?.

**Wasz** · January 26th, 2007, 09:11 AM

Its not legal to hunt in PA with a semi. As such if you are hunting and carrying a 1911, then you are hunting with a 1911 which is not legal. I do believe that there is a special permit you can acquire that allows carry of a handgun during hunting for protection reasons. Im not 100% on that, but maybe someone here can enlighten. Im pretty sure I read about it on packing.org, but cant recall at this moment.

**jsmithxd** · January 26th, 2007, 09:51 AM

Originally Posted by SeaRider

Sorry for a little off track here but. Is that's means I can carry a concealed Semi/1911 (w/ltcf) while hunting and or open carry a Revolver?.

Recent Legislation:

Legislative Report – HB2563 (Concealed Carry while hunting). HB2563 provides any hunter pursuing Title 34 activities to legally carry a concealed firearm, including semi-automatic firearms. This does not allow hunters to use these firearms to harvest game with them; they are ONLY for self-protection.*