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December 31st, 2014, 12:56 AM #1Super Member
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Honesdale,
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Would this be considered legally open carrying?
I'm a part time PA resident. I own a home with 2.5 acres of land in PA, however, I have a NY driver license with a NYC address on it. I don't have a LTCF permit. I know I can't open carry in a car or on anything mobile. I heard a lot of stories where LEO asks for the ID of someone open carrying. In this case I'd have to show him/her my NY license. Would it be legal for me to open carry a loaded handgun on land that I own? What about in public on foot?
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December 31st, 2014, 01:09 AM #2Grand Member
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Harrisburg area,
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Re: Would this be considered legally open carrying?
On foot, not in Philadelphia, not during a declared state of emergency, you may openly carry a firearm.
Your problem is how you get the firearm to and from the place you want to carry. Without a license to carry firearms or other state's permit you can't even have an unloaded and cased firearm (handgun or SBR or SBS) in a vehicle unless you meet one of the exceptions under 18 Pa.C.S. § 6106(b). (The most common exceptions would be traveling between home and the range or a gun store or gunsmith.)
Contrary to popular belief you can't just toss an unloaded firearm in the trunk, drive into town, retrieve the firearm and openly carry it.
[Edited to add, after writing the above, I'm assuming you don't have a NY license to carry, but I forgot that in NY you have to get a permit just to purchase and possess a pistol so you may well have one. As long as you're a bona fide NY resident who's just visiting PA, and have a NY permit which permits you to carry a pistol, you should be able to transport in a vehicle in PA and then openly carry outside Philadelphia. Don't even think about trying to carry in Philly though.]I am not a lawyer. Nothing I say or write is legal advice.
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December 31st, 2014, 01:09 AM #3
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December 31st, 2014, 01:15 AM #4Banned
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Mechanicsburg,
Pennsylvania
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Re: Would this be considered legally open carrying?
It is legal to open carry just about anywhere in the state save for any marked buildings, public schools, the whole city of Philadelphia, and federal buildings like the post office. Everywhere else is free game especially your property.
Cars complicate things though. It is considered concealed once you enter one so you have to take your gun, unload it and store it away from you. You also can only transport directly from you home, range, or FFL. No pit stops allowed. If you want to go to the store you gotta walk it.
You can conceal in the inside of your home. But outside you cannot.
Technically just being armed is not grounds for suspicion of criminal activity unless they end up getting a call where someone matching your description did something in the immediate area you're in. Chances are something like that isn't happening anyways and police can ask but you can continue to go on your merry way. Technically is the key term since some areas may have cops that are taught to essentially make open carrying as much of a pain of an ass as possible. So either comply to their instructions or know a good lawyer.
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December 31st, 2014, 01:16 AM #5
Re: Would this be considered legally open carrying?
You're legal to open carry on your land or in public. You can show ID but you are not required to.
Places to watch out for, and where you can't carry: Within 1000 feet of school property (federal gun free school zone), or within Philadelphia, or any places specifically prohibited by statute under state or federal law, ie, courthouses, federal property, like that.
PA law does not allow OC only for PA residents, so the fact that you are a resident of NY and have NY ID has no legal bearing. If you show your ID it's possible an officer could wonder how you come to be here and ask a slew of questions, further questions, interrogation, etc. As I said you are not required to provide ID. In over 6 years of open carry and multiple encounters with LEOs I've never been asked for ID and never had a negative encounter. I hope your experience is the same.
EDIT: I type too slow. When I started this there were no other responses.
.While many claim to support the right, precious few support the practice.
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December 31st, 2014, 01:23 AM #6Grand Member
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Harrisburg area,
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Re: Would this be considered legally open carrying?
A firearm is not "considered concealed" when in a vehicle. PA statutes distinguish between carrying "concealed on or about his person" and carrying "in any vehicle". Carrying in a vehicle is a separate category from carrying concealed, although they are regulated in the same statutes and many of the restrictions are similar. There is at least one statutory exception (possession of another state's carry permit) which applies to carry in a vehicle but not to concealed carry.
I am not a lawyer. Nothing I say or write is legal advice.
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December 31st, 2014, 01:32 AM #7
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December 31st, 2014, 07:30 AM #8Banned
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Mechanicsburg,
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December 31st, 2014, 09:32 AM #9
Re: Would this be considered legally open carrying?
Hypothetically In this situation, if he was with a person with a LTCF and handed the LTCF the firearm before they got into a vehicle or the person with a ltcf puts the firearm in the trunk, would this be legal?
Derrion Albert was my Hero.
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December 31st, 2014, 10:46 AM #10Grand Member
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Re: Would this be considered legally open carrying?
Carry in any vehicle by a non-PA resident is legal with any state's permit, regardless of whether PA "recognizes" it via reciprocity. The same is not true for carry concealed on or about one's person. Saying a firearm in a vehicle is "considered concealed" obfuscates the fact that carry in a vehicle and concealed carry are subtly but meaningfully different acts under state law.
I am not a lawyer. Nothing I say or write is legal advice.
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