Pennsylvania Firearm Owners Association
Page 1 of 3 123 LastLast
Results 1 to 10 of 25
  1. #1
    Join Date
    Jan 2012
    Location
    Glen Mills, Pennsylvania
    Posts
    7,826
    Rep Power
    21474852

    Default Is this FAQ answer wrong?

    I was just reading through Allegheny County*s FAQ about firearms and came across this.

    Q: My spouse has a License to Carry, but I do not. Can I get in trouble if they leave a gun in the car and I drive the vehicle?
    A: Yes. A loaded firearm in a vehicle is considered CONCEALED, by law (even if it is in plain view, such as on the dashboard or seat). If you do not have a License to Carry and you are found to be operating a vehicle that has a loaded gun in it, you will be arrested. It is for this reason that it is advisable to go ahead and obtain a license, even if you do not intend to ever carry on your person.

    This seems to be contrary to this exception found in Pa*s state statutes

    6106. Firearms not to be carried without a license.
    (b) Exceptions.--The provisions of subsection (a) shall not apply to:
    (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.


    Am I misunderstanding something or is the answer they give wrong and against Pa*s state statute?
    Proof Armed citizens make a difference. http://forum.pafoa.org/showthread.php?t=316012

  2. #2
    Join Date
    Dec 2010
    Location
    Macungie, Pa, Pennsylvania
    (Lehigh County)
    Age
    57
    Posts
    1,231
    Rep Power
    21474847

    Default Re: Is this FAQ answer wrong?

    Will be interested in this also. I've always understood it to be as the FAQ describes it. This is why I tried to get my wife to obtain an LTCF years ago even though I know she'll never carry a gun

  3. #3
    Join Date
    Feb 2010
    Location
    Levittown, Pennsylvania
    (Bucks County)
    Posts
    8,165
    Rep Power
    21474855

    Default Re: Is this FAQ answer wrong?

    It is wrong. The United States Constitution's second amendment says he has a right to bear arms. AND the commonwealth's constitution says his right to bear arms shall not be questioned.
    Constitutional recognition of gun rights is a lie

  4. #4
    Join Date
    Dec 2012
    Location
    jersey shore, Pennsylvania
    (Lycoming County)
    Posts
    5,426
    Rep Power
    21474849

    Default Re: Is this FAQ answer wrong?

    The FAQ is wrong, kinda. That exception under 6106 is a defense you can use in court. They can arrest you, but that is the defense (ie: my husband/wife left a gun and I didn't know it). Pretty crappy FAQ when it starts out that a gun in a vehicle "is considered concealed" too. That's not how the law is written and it isn't. The law states a LTCF is for carrying concealed on or about one's person OR in a vehicle. It separates the two acts intentionally.

  5. #5
    Join Date
    Feb 2013
    Location
    Upper Darby, Pennsylvania
    (Delaware County)
    Age
    54
    Posts
    3,864
    Rep Power
    21474847

    Default Re: Is this FAQ answer wrong?

    A firearm in a vehicle is NOT considered concealed - it is considered "in a vehicle". Carrying concealed and carrying in a vehicle are 2 separate parts of the licensing requirement statute. 6106(a)(1)...any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person...

    Pet peeve

    IANAL
    My 2
    YMMV
    etc...

  6. #6
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
    Age
    48
    Posts
    19,020
    Rep Power
    21474869

    Default Re: Is this FAQ answer wrong?

    You can still get in trouble, but unlikely it will stick in court. Although, if your DA, judge, and jury vote Blue - it could still stick until you appeal the ruling.
    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!

  7. #7
    Join Date
    Jan 2013
    Location
    Richboro, Pennsylvania
    (Bucks County)
    Posts
    2,095
    Rep Power
    21474846

    Default Re: Is this FAQ answer wrong?

    If you do not have a License to Carry and you are found to be operating a vehicle that has a loaded gun in it, you will be arrested.
    I have no doubt this will happen Allegheny county. We can split hairs about the rest of the wording but for all practical purposes the FAQ is correct.

  8. #8
    Join Date
    Jan 2009
    Location
    Newport, Pennsylvania
    (Perry County)
    Age
    54
    Posts
    5,056
    Rep Power
    21474853

    Default Re: Is this FAQ answer wrong?

    It is a clearly defined exception to the law. The FAQ is incorrect.

    With that said, an officer unfamiliar with the law could cause problems that could result in an arrest before it's sorted out.
    "A man who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself"

    "He created the game, played the game, and lost the game.... All under his own terms, by his own doing." JW34

    "Tolerance is the lube that helps slip the dildo of dysfunction into the ass of a civilized society." Plato

  9. #9
    Join Date
    Jan 2012
    Location
    Glen Mills, Pennsylvania
    Posts
    7,826
    Rep Power
    21474852

    Default Re: Is this FAQ answer wrong?

    Thanks for the feedback. It seems that it is inaccurate. Is it worth sending an email asking for clarification and them to correct it or not? I am from the other side of the state and know nothing about the receptiveness in that area.
    Proof Armed citizens make a difference. http://forum.pafoa.org/showthread.php?t=316012

  10. #10
    Join Date
    Feb 2013
    Location
    Ercildoun, Pennsylvania
    (Chester County)
    Posts
    4,196
    Rep Power
    21474848

    Default Re: Is this FAQ answer wrong?

    All the officer needs to do is run a check to see who the gun is registered to.
    Today Google is the biggest threat to freedom this nation has ever had to face

Page 1 of 3 123 LastLast

Similar Threads

  1. I think I know the answer but....
    By das in forum Pistols
    Replies: 19
    Last Post: September 4th, 2012, 10:02 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •