Pennsylvania Firearm Owners Association
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  1. #1
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    Default how do you open carry ?

    hello i am new here i do not have a concealed license. so how am i allowed to open carry when i am driving from point a to point b ? wouldn't i be in trouble for having a hand gun in my car without the concealed licensed ? thank you for your input .

  2. #2
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    Default Re: how do you open carry ?

    This sums up carrying in Pa

    https://firearmsindustryconsultinggr...ying-firearms/


    PA Rules for Transporting/Carrying Firearms
    The laws regarding the transportation and carrying of different types of firearms in the Commonwealth are issues that arise frequently. While, as explained below, there are many lawful allowances for the carrying a loaded firearm, absent a License to Carry Firearms (LTCF), we always advise our clients to obtain an LTCF, even if you never plan on conceal carrying, because it can protect you in many different instances.

    Pennsylvania’s definition of a “firearm” is somewhat unusual considering that most people classify any gun as a firearm, but PA’s definition does not. Specifically, Under 18 PA.C.S. § 6102, “Firearm” is defined as, “Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.” Thus, a typical non-NFA shotgun with a barrel of 18” or longer and with an overall length of 26” or more is NOT covered by the definition of “Firearm” in PA. This becomes important when determining what can and cannot be lawfully transported and where a License to Carry Firearms (LTCF) may be beneficial.

    Outside of Philadelphia

    Long Guns

    (These are rifles that have a barrel 16” or longer, and shotguns that have a barrel 18” or longer.)

    1.) An individual who may legally possess can carry an unloaded long gun in his/her car.
    2.) An individual who does or does not have a valid License to Carry Firearms (LTCF) cannot carry a loaded long gun in his/her car.
    3.) An individual can carry a loaded or unloaded long gun, concealed or openly, without a License to Carry Firearms (LTCF), because, as depicted above, PA’s definition of a firearm does not include long guns. HOWEVER, we highly recommend that you do NOT try conceal carrying a long gun with or without a License to Carry Firearms because the police are unlikely to know the laws, even though you would be lawfully carrying.
    Handguns or Other Firearms Meeting PA’s Definition of a Firearm

    1.) You may open carry (meaning that the firearm (remember think handgun) is visible) without a License to Carry Firearms.
    2.) You may NOT conceal carry a firearm, as defined by PA, on your person or in your car without a License to Carry Firearms.
    3.) You may NOT transport a loaded firearm, as defined by PA, in your car without a License to Carry Firearms.
    4.) You MAY conceal carry a firearm, as defined by PA, on your person or in a car with a License to Carry Firearms.
    National Firearms Act (NFA) or Title II Firearms

    1.) An individual can openly carry loaded or unloaded firearms, as defined by PA, which are registered under the NFA, such as short barreled rifles/shotguns, and AOWs; HOWEVER, we strongly recommend against openly carrying such weapons or using such weapons in a self-defense manner because the police are unlikely to know the laws and because of the possible fall out from the use of such weapons, even if the use is lawful.
    2.) An individual can conceal carry loaded firearms, regardless of the PA definition, which are registered under the NFA, such as short barreled rifles/shotguns and AOWs, so long as the individual has a valid License to Carry Firearms. HOWEVER, we strongly recommend against using such weapons in a self-defense manner because the police are unlikely to know the laws and because of the possible fall out from the use of such weapons, even if the use was lawful.
    Why is a License to Carry Firearms Beneficial?

    To start with, it would be best for you to read my article on “Firearms Not to be Carried without a License”, because that discusses PA’s laws against carrying in vehicles and the surprising limitations on even taking your firearms to the range.

    Specifically, under 18 PA.C.S. § 6106(b)(4), one can lawfully transport a firearm, as defined by PA,

    “if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the firearm is not loaded.”

    Hence, if you meet some of your friends at the range and decide to go grab a bite to eat before returning home, you will NOT be covered under the statute, because, for the statute to apply, you must go directly to the range and return directly to your home.

    However, if you have a LTCF, you are protected if you decide to go for a bite to eat because now you fall under 18 PA.C.S § 6106(b)(11). Although there are many more scenarios where a LTCF can protect you, they should be somewhat clear by reading through my article on “Firearms Not to be Carried without a License”.
    Proof Armed citizens make a difference. http://forum.pafoa.org/showthread.php?t=316012

  3. #3
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    Default Re: how do you open carry ?

    Another article

    https://blog.princelaw.com/2008/9/12...out-a-license/

    FIREARMS NOT TO BE CARRIED WITHOUT A LICENSE
    Posted on September 12, 2008 by Joshua Prince, Esq.
    In Pennsylvania, pursuant to 18 PA.C.S. § 6106, no person may carry a firearm in a vehicle or concealed on his person without a License to Carry Firearms (LTCF). (See these blog postings on Concealed Carry and Open Carry in PA) If the individual is NOT eligible for a LTCF, a violation of § 6106 will result in a felony of the third degree. However, if the person is eligible for a LTCF, but has not acquired one, a violation of § 6106 will result in a a misdemeanor of the first degree.

    However, certain people are excluded from the law (underlined ones are more common exclusions that are generally unknown):

    1. Constables, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions, or other law-enforcement officers.

    2. Members of the army, navy, marine corps, air force or coast guard of the United States or of the National Guard or organized reserves when on duty.

    3. The regularly enrolled members of any organization duly organized to purchase or receive such firearms from the United States or from this Commonwealth.

    4. Any persons engaged in target shooting with a firearm, if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the firearm is not loaded.

    5. Officers or employees of the United States duly authorized to carry a concealed firearm.

    6. Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property in the discharge of such duties.

    7. Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person, having in his possession, using or carrying a firearm in the usual or ordinary course of such business.

    8. Any person while carrying a firearm which is not loaded and is in a secure wrapper from the place of purchase to his home or place of business, or to a place of repair, sale or appraisal or back to his home or place of business, or in moving from one place of abode or business to another or from his home to a vacation or recreational home or dwelling or back, or to recover stolen property under section 6111.1(b)(4) (relating to Pennsylvania State Police), or to a place of instruction intended to teach the safe handling, use or maintenance of firearms or back or to a location to which the person has been directed to relinquish firearms under 23 Pa.C.S. § 6108 (relating to relief) or back upon return of the relinquished firearm or to a licensed dealer’s place of business for relinquishment pursuant to 23 Pa.C.S § 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or back upon return of the relinquished firearm or to a location for safekeeping pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment to third party for safekeeping) or back upon return of the relinquished firearm.

    9. Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing as permitted by such license, or are going to the places where they desire to hunt, take furbearers or fish or returning from such places.

    10. Persons training dogs, if such persons are actually training dogs during the regular training season.

    11. Any person while carrying a firearm in any vehicle, which person possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the United States or any other state.

    12. A person who has a lawfully issued license to carry a firearm pursuant to section 6109 (relating to licenses) and that said license expired within six months prior to the date of arrest and that the individual is otherwise eligible for renewal of the license.

    13. Any person who is otherwise eligible to possess a firearm under this chapter and who is operating a motor vehicle which is registered in the person’s name or the name of a spouse or parent and which contains a firearm for which a valid license has been issued pursuant
    to section 6109 to the spouse or parent owning the firearm.

    14. A person lawfully engaged in the interstate transportation of a firearm as defined under 18 U.S.C § 921(a)(3) (relating to definitions) in compliance with 18 U.S.C. § 926A (relating to interstate transportation of firearms).

    15. Any person who possesses a valid and lawfully issued license or permit to carry a firearm which has been issued under the laws of another state, regardless of whether a reciprocity agreement exists between the Commonwealth and the state under section 6109(k), provided:

    1. The state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109.

    2. The Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.
    Proof Armed citizens make a difference. http://forum.pafoa.org/showthread.php?t=316012

  4. #4
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    Default Re: how do you open carry ?

    The quick answer is that without a license, under current circumstances, you're very, very screwed.

    You may travel directly to and from a few limited places, such as your home, gun shop, or shooting range. During those trips, the firearm must be "unloaded" and "in a secure wrapper", so "open carry while driving" is NOT a lawful option for you.
    Attention NRA Life and voting members - LPRGCFRANK running for NRA board of directors

  5. #5
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    Default Re: how do you open carry ?

    The only option of open carry you have without a license is on foot. Meaning do not get in a car, do not get on a bicycle, don't even get on a skateboard. If you are open carrying make sure there is no possible way your gun can get covered especially by accident. Also, watch for state of emergencies. If there is a state of emergency you can not legally open carry without a License To Carry a Firearm (LTCF). There is currently a state of emergency because of the pandemic stuff, but I'm pretty sure Gov. Wolf still has the state of emergency for the opioid crisis that he probably won't ever end.

    In short get your license and you'll be covered.
    I need a better signature than this...

  6. #6
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    Default Re: how do you open carry ?

    As Clyde stated, do yourself a favor and get an LTCF. Don't know how difficult it would be now in your area. Call the Sheriff's office and inquire.

  7. #7
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    Default Re: how do you open carry ?

    There is basically no unlicensed open carry right now on public domain due to the State of Emergency.

    And even if there wasn't a SoE, you have to walk everywhere.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J.

    Don't end up in my signature!

  8. #8
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    Default Re: how do you open carry ?

    I keep reading the title and thinking - "I put the gun in the holster and go about my business without a jacket or other covering shirt."

  9. #9
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    Default Re: how do you open carry ?

    Quote Originally Posted by Clyde1993 View Post
    The only option of open carry you have without a license is on foot. Meaning do not get in a car, do not get on a bicycle, don't even get on a skateboard. If you are open carrying make sure there is no possible way your gun can get covered especially by accident. Also, watch for state of emergencies. If there is a state of emergency you can not legally open carry without a License To Carry a Firearm (LTCF). There is currently a state of emergency because of the pandemic stuff, but I'm pretty sure Gov. Wolf still has the state of emergency for the opioid crisis that he probably won't ever end.

    In short get your license and you'll be covered.
    Also, DO NOT GO NEAR PHILADELPHIA with a gun without the LTCF in any manner, open or concealed, in a car, on a goat, skateboard, bicycle, or a hoverboard. Unless you are traveling directly to/from one of the allowed by law establishments previously mentioned.

  10. #10
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    age: 58 Dillsburg, Pennsylvania
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    Default Re: how do you open carry ?

    The question I recently encountered is, " what constitutes 'loaded' regarding long guns?" Specifically, a typical AR with 16" barrel measured from bolt face to muzzle. Having a nicely padded soft side case with room for spare mags in exterior, covered pockets. Does the ammo need to be separated? Mags unloaded? Separate from the main rifle compartment? etc? Other etc? Throughout the year at various times I keep it in the truck in case I get to the range. It is cable locked to the seat frame, so smash and grab would take a determined effort and time. I can't say I believe it's the best idea to have it with me given current circumstances, except it's an even worse idea NOT to. Thoughts and statute welcome. Thanks.

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