question about carry permit

[BigHenry]

Maybe someone from your local gun shop or range?

I don't want to make someone uncomfortable, i am sure we will meet many great folks as time goes on and I plan to visit my lodge as soon as I can, I just feel that the whole idea of the county sheriff having so much power to avoid following state laws just ain't right

[twency]

I don't want to make someone uncomfortable, i am sure we will meet many great folks as time goes on and I plan to visit my lodge as soon as I can, I just feel that the whole idea of the county sheriff having so much power to avoid following state laws just ain't right

You're right, the sheriff doesn't (shouldn't) have such power.

Depending on your personality and interest level you could force the issue. Just submit the application with any two non-family references. There's nothing in state law that gives the sheriff the power to "not accept" an application. If you apply (and by handing over a completed application and the fee you are in fact applying) the sheriff is required by law to either issue you a permit or deny for good cause. "Non-county references" is not one of the reasons the sheriff may legally deny you for.

[R L Suehr]

You're right, the sheriff doesn't (shouldn't) have such power.

Depending on your personality and interest level you could force the issue. Just submit the application with any two non-family references. There's nothing in state law that gives the sheriff the power to "not accept" an application. If you apply (and by handing over a completed application and the fee you are in fact applying) the sheriff is required by law to either issue you a permit or deny for good cause. "Non-county references" is not one of the reasons the sheriff may legally deny you for.

^^^this^^^
If he denies you because your references are not county residents you will more than likely win on appeal. It will require time and some money to go that route, but it would work. This isn't the first time this has been brought up on this forum about the tioga sheriff if my recollection is correct. It seems no one has really challenged him on it yet.

[BigHenry]

I consider myself a nice guy and don't really like to rock the boat but I also am known to stand my ground so I will apply and see what happens....I just don't want to be without a permit for long i will feel naked. I still have my Ga permit and even though my home is Pa now I still own my homes in Ga so I guess its still good?

[R L Suehr]

I consider myself a nice guy and don't really like to rock the boat but I also am known to stand my ground so I will apply and see what happens....I just don't want to be without a permit for long i will feel naked. I still have my Ga permit and even though my home is Pa now I still own my homes in Ga so I guess its still good?

In the interim you could always open carry. Your GA permit should cover you for carrying in your vehicle and open carry is legal without the license anywhere except Philly on foot. You would have to avoid school zones also doing it this way.

[twency]

I consider myself a nice guy and don't really like to rock the boat but I also am known to stand my ground so I will apply and see what happens....I just don't want to be without a permit for long i will feel naked. I still have my Ga permit and even though my home is Pa now I still own my homes in Ga so I guess its still good?

In the interim you could always open carry. Your GA permit should cover you for carrying in your vehicle and open carry is legal without the license anywhere except Philly on foot. You would have to avoid school zones also doing it this way.

Unfortunately no, as a PA resident he may not carry in a vehicle without a PA license [unless meeting the enumerated exceptions of 18 Pa.C.S. § 6106 (b), exclusive of (b)(11)]. In other words he could carry his firearm unloaded and wrapped to a dealer or a range or gunsmith, but generally not to most other places.

A plain reading of exception (b)(11) suggests he should be able to carry in a vehicle using his GA permit, but the Superior Court held in Commonwealth v. McKown that a PA resident must hold a PA license to carry concealed or transport in a vehicle.

In construing the Act to give effect to all of its provisions, we hold that a Pennsylvania resident who does not have a valid Pennsylvania license issued under the Pennsylvania Uniform Firearms Act may not carry a firearm in a vehicle or concealed on or about his person in Pennsylvania under the authority of a permit issued by another state that has reciprocity with Pennsylvania.

The decision was ludicrous. It flew in the face of the plain language of the statute, that "any person" may carrying in any vehicle in PA with any state's permit. But the court has spoken, and for now we have to live with that case law until it's overturned or mooted.

(Consider the absurdity of the court's decision though: if a PA resident truly must have a PA license to carry a firearm, that ought to invalidate the other § 6106 (b) exceptions as they pertain to PA residents. Even PA resident police officers and federal agents would need to obtain a license issued under the UFA before they could legally carry in PA.)

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Edit: Added one word for clarity.

[BigHenry]

Unfortunately no, as a PA resident he may not carry in a vehicle without a PA license [unless meeting the enumerated exceptions of 18 Pa.C.S. § 6106 (b), exclusive of (b)(11)]. In other words he could carry his firearm unloaded and wrapped to a dealer or a range or gunsmith, but generally not to most other places.

A plain reading of exception (b)(11) suggests he should be able to carry in a vehicle using his GA permit, but the Superior Court held in Commonwealth v. McKown that a PA resident must hold a PA license to carry or transport in a vehicle.


The decision was ludicrous. It flew in the face of the plain language of the statute, that "any person" may carrying in any vehicle in PA with any state's permit. But the court has spoken, and for now we have to live with that case law until it's overturned or mooted.

(Consider the absurdity of the court's decision though: if a PA resident truly must have a PA license to carry a firearm, that ought to invalidate the other § 6106 (b) exceptions as they pertain to PA residents. Even PA resident police officers and federal agents would need to obtain a license issued under the UFA before they could legally carry in PA.)

It sounds like I need to carry rocks on my pickups floor I know Pa. has plenty of rocks...lol

[twency]

It sounds like I need to carry rocks on my pickups floor I know Pa. has plenty of rocks...lol

Drive softly and carry a big stick.

[R L Suehr]

Unfortunately no, as a PA resident he may not carry in a vehicle without a PA license [unless meeting the enumerated exceptions of 18 Pa.C.S. § 6106 (b), exclusive of (b)(11)]. In other words he could carry his firearm unloaded and wrapped to a dealer or a range or gunsmith, but generally not to most other places.

A plain reading of exception (b)(11) suggests he should be able to carry in a vehicle using his GA permit, but the Superior Court held in Commonwealth v. McKown that a PA resident must hold a PA license to carry or transport in a vehicle.


The decision was ludicrous. It flew in the face of the plain language of the statute, that "any person" may carrying in any vehicle in PA with any state's permit. But the court has spoken, and for now we have to live with that case law until it's overturned or mooted.

(Consider the absurdity of the court's decision though: if a PA resident truly must have a PA license to carry a firearm, that ought to invalidate the other § 6106 (b) exceptions as they pertain to PA residents. Even PA resident police officers and federal agents would need to obtain a license issued under the UFA before they could legally carry in PA.)

I always forget about the stupid McKown ruling as pertaining to vehicle carry. I was thinking it was for concealed carry by a PA resident. My fault, thanks for the correction.

Amazing how one asshole mixed with an overzealous judge can fuck up the plain wording of the law isn't it.