Open carry in a bar while drinking

[Bill67]

I'm betting you would be asked to lose the pistol or leave.

I don't go to bars often, but I OC daily. I do frequent a Bar/Restaurant here locally to eat and nothing has ever been said. I limit my drinking to one beer/cocktail with food.

[RockIsland]

Question: since she's not a PA resident, can he carry on a reciprocal state's permit?

[JAKIII]

You'll notice I skipped the entire debate about carrying while drinking, because I know it is not a problem with me (although it very rarely comes up).

Skipped it, then mentioned it...

Present company excluded, impairment has a negative impact on judgment with most people.

[tl_3237]

Question: since s(?)he's not a PA resident, can he carry on a reciprocal state's permit?

I assume you are asking about the OP's assertion that he can't get an LTCF since he is a part-time resident.

As has been discussed many times, there is no algorithm provided in statute or case law for determining who has "resident" status for UFA purposes; lacking any firm guidance the term seems to vary by individual sheriff's policies.

It is an interesting question in light of McKown (2013 Pa Superior Court) but its a crap-shoot unless the OP lays some proper foundation as to his residency. I would suggest that he first apply to the county sheriff for an LTCF, while he is occupying his Pa "residence", asserting Pa residency. If the sheriff denies under the guise that he is a "non-resident" without a license from his home state, he should proceed to appeal the denial to the court (Common Pleas?). If the court affirms his non-residency then he would seem to have firm legal grounds that McKown does not apply to him and a reciprocated CCW has full effect. If the sheriff or court determines he is a resident then, assuming there is not another LTCF prohibiting factor, he gets his LTCF and the question is rendered moot.

Any pronouncement by the court, either affirming or denying Pa residency, would provide case law for use in either amending sheriff office policy, future appeals for denials or defense of criminal charges with respect to utilizing out-of-state CCWs.

[ungawa]

I assume you are asking about the OP's assertion that he can't get an LTCF since he is a part-time resident.

As has been discussed many times, there is no algorithm provided in statute or case law for determining who has "resident" status for UFA purposes; lacking any firm guidance the term seems to vary by individual sheriff's policies.

It is an interesting question in light of McKown (2013 Pa Superior Court) but its a crap-shoot unless the OP lays some proper foundation as to his residency. I would suggest that he first apply to the county sheriff for an LTCF, while he is occupying his Pa "residence", asserting Pa residency. If the sheriff denies under the guise that he is a "non-resident" without a license from his home state, he should proceed to appeal the denial to the court (Common Pleas?). If the court affirms his non-residency then he would seem to have firm legal grounds that McKown does not apply to him and a reciprocated CCW has full effect. If the sheriff or court determines he is a resident then, assuming there is not another LTCF prohibiting factor, he gets his LTCF and the question is rendered moot.

Any pronouncement by the court, either affirming or denying Pa residency, would provide case law for use in either amending sheriff office policy, future appeals for denials or defense of criminal charges with respect to utilizing out-of-state CCWs.

That's an excellent idea, as usual.

[poconojoe]

Whenever I eat steak I need a beer or two. I'm always OC and never had an issue. Longhorns or Texas Roadhouse steak house. Also small independent restaurants. Including Red Robin.

[TOOLchains]

a couple of beers vs. drowning in beer, isn't it obvious?

[poconojoe]

Yupper.

[JAKIII]

Present company excluded, impairment has a negative impact on judgment with most people.

a couple of beers vs. drowning in beer, isn't it obvious?

Yupper.

Nopper...

[gnbrotz]

Any pronouncement by the court, either affirming or denying Pa residency, would provide case law for use in either amending sheriff office policy, future appeals for denials or defense of criminal charges with respect to utilizing out-of-state CCWs.

As I understand the PA court system, a decision (either way) from the Court of Common Pleas would not be binding on any future decision in another court. The matter would have to be elevated at least once to become citable precedent.