Results 1 to 10 of 67
-
December 15th, 2016, 01:58 PM #1Member
- Join Date
- Feb 2015
- Location
-
York,
Pennsylvania
(York County) - Posts
- 98
- Rep Power
- 1321918
Q. Do I have to have permit on my person?
Just wondering. What if I leave it at home or other?
Thanks!We are Americans first, never forget this.
-
December 15th, 2016, 02:59 PM #2
Re: Q. Do I have to have permit on my person?
Take a picture of it with your smartphone and you will have a copy.
-
December 15th, 2016, 03:27 PM #3
Re: Q. Do I have to have permit on my person?
- bamboomaster
-
December 15th, 2016, 04:03 PM #4Senior Member
- Join Date
- Feb 2007
- Location
-
Bellefonte,
Pennsylvania
(Centre County) - Posts
- 416
- Rep Power
- 21474854
Re: Q. Do I have to have permit on my person?
IANAL but I think you can be arrested and charged with carrying a firearm without a license. At your preliminary hearing in front of a District Justice, producing your License at that time should result in the charges being dropped, again, I am not a lawyer but this is my comprehension of how it works based on my understanding of things.
Let's go Brandon!!!
-
December 15th, 2016, 04:47 PM #5
Re: Q. Do I have to have permit on my person?
If you're arrested and brought before a District Magistrate for carrying without a license (whether in person or via an on-line arraignment at the local cop shop), how can one produce a license that they were arrested for not having?
Anyway, when in doubt, see what the law says:
§ 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.
The statute more or less implies that you're supposed to have it on your person, but it doesn't quite say that. It says that you have to have a license. but it doesn't say exactly where the license has to be (on your person, in a kitchen drawer next to the soup spoons, framed over your mantelpiece, etc.).
Of course, the cop can always call it in to confirm that you do indeed have a license, but it's easier to show it in person.
Make a photocopy of it, stick it in your car's glove box. Nobody sticks their gloves in there any more, so you'll have plenty of room.
-
December 15th, 2016, 04:53 PM #6
Re: Q. Do I have to have permit on my person?
(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.Last edited by ideaman; December 15th, 2016 at 05:27 PM.
-
December 15th, 2016, 05:07 PM #7Grand Member
- Join Date
- Jan 2012
- Location
-
Harrisburg,
Pennsylvania
- Posts
- 2,864
- Rep Power
- 21474851
Re: Q. Do I have to have permit on my person?
So I am interpreting the OP's question as follows: I have the LTCF but it isn't on my person, now what? The law above doesn't say you have to have it on you. It just says you have to have one. I think it's pretty obvious the legislatures wanted to imply it's on your person, but they don't spell it out. Just another gray area in our codes.
I always carry mine. It's just the right size to stick in my wallet just like my other forms of ID. I never leave home without my wallet so it is always there. Maybe it's a bad assumption on my part but I thought that's what everyone did. Why would you not carry it in your wallet? Why invite more scrutiny and unnecessary delay by not being able to produce it if needed?
-
December 15th, 2016, 05:15 PM #8Senior Member
- Join Date
- Feb 2007
- Location
-
Bellefonte,
Pennsylvania
(Centre County) - Posts
- 416
- Rep Power
- 21474854
Re: Q. Do I have to have permit on my person?
[QUOTE=Statkowski;3457349][SIZE=2][FONT=arial]
If you're arrested and brought before a District Magistrate for carrying without a license (whether in person or via an on-line arraignment at the local cop shop), how can one produce a license that they were arrested for not having?
QUOTE]
My statement was based on a scenario where the arrestee is not placed in jail but is to appear in court at a later date, which would be when the License would be produced. Having not had this happen personally, I may have the actual chain of events wrong.Let's go Brandon!!!
-
December 15th, 2016, 06:57 PM #9
Re: Q. Do I have to have permit on my person?
Think about it for a minute.
1. You are stopped and it is discovered that you have a concealed firearm, or are transporting one in a vehicle.
2. You do not have your license on you, and the LEO demands that you present it.
3. You cant..
4. The officers is under NO duty to call in to verify if you have one, you have the duty to present it.
5. So, the officer can arrest you on either the M1 or F3 charge, then take you to jail for processing and bail hearing.
6. The magistrate will then decide on your bail amount(No evidence is presented at bail hearing).
7. If you cannot afford bail, and no friend/family can bring your LTCF to the DA's office to get the charges dropped, you will then have to wait it out until the preliminary hearing to present the LTCF.
8. If you cannot get out on bail you'll probably lose your job, you/your family will probably have living issues like not being able to pay bills. ...then get utilities turned off, get evicted/foreclosed upon, etc, etc.
How much do you appreciate your anal virginity?RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515, SteveWag
Don't end up in my signature!
-
December 15th, 2016, 07:05 PM #10
Similar Threads
-
Person-to-person HAZMAT shipping?
By howiepa in forum Ammunition & ReloadingReplies: 8Last Post: March 14th, 2014, 11:58 PM -
Laws regarding person to person firearms purchases.
By palib in forum PennsylvaniaReplies: 6Last Post: June 11th, 2011, 09:12 PM -
PA person to person gun sale laws
By psudude627 in forum GeneralReplies: 32Last Post: April 20th, 2011, 08:45 PM -
Did you know that you cant mail long guns person to person?????
By Brown-Bear in forum GeneralReplies: 19Last Post: September 27th, 2008, 04:54 PM
Bookmarks