Another long gun question

[HSMaxim]

There’s a “discussion” going on on another site.

An out of state resident is coming to PA to visit, staying in a hotel.

They want to know if they can drive around with long guns, unloaded in their trunk.

The “discussion” is about this:
https://www.legis.state.pa.us/cfdocs...hoice=suppress

(b)(8)
(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.

And then the definition of a “firearm” as it relates to this particular law, not the generally accepted “a handgun is a firearm in PA”.

(e) Definitions.--
(1) For purposes of subsection (b)(3), (4), (5), (7) and (8), the term "firearm" shall include any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of the weapon.
(2) As used in this section, the phrase "place of instruction" shall include any hunting club, rifle club, rifle range, pistol range, shooting range, the premises of a licensed firearms dealer or a lawful gun show or meet.

Since the definition in this law that specifies any any weapon which is designed to.... is spelled out to mean any gun and since it specifically says this definition applies to subsection (b), does this mean that just casually driving around with an unloaded long gun is actually not legal?

I had always assumed it was but this seems to contradict my long time understanding?

[gnbrotz]

Normally, yes, but since 2018, the answer is "no".

That's because we have been under a perpetual state of emergency, which triggers the requirement that one be licensed to carry ANY type of device that goes bang (intentionally avoiding using the term "firearm") on public streets or property. For vehicular purposes, ANY license will do, it need not be from a reciprocal state, like concealed carry requires.

FWIW, PA courts have rules that "exceptions" within the law are actually viewed as "affirmative defenses", so even if one legitimately applies, it may still mean charges and a trial rather than a simple "Oh, you meet an exception. Have a nice day."

[Bang]

Would the judge hearing the matter be constrained by the law of affirmative defense beyond simply requiring that the defendant be allowed to present that to the jury for consideration? Seems not, otherwise it would be malicious prosecution.

[PAMedic=F|A=]

Normally, yes, but since 2018, the answer is "no".

That's because we have been under a perpetual state of emergency, which triggers the requirement that one be licensed to carry ANY type of device that goes bang (intentionally avoiding using the term "firearm") on public streets or property. For vehicular purposes, ANY license will do, it need not be from a reciprocal state, like concealed carry requires.

FWIW, PA courts have rules that "exceptions" within the law are actually viewed as "affirmative defenses", so even if one legitimately applies, it may still mean charges and a trial rather than a simple "Oh, you meet an exception. Have a nice day."

When do the new constitutional amendments go into effect?

[gnbrotz]

When do the new constitutional amendments go into effect?

Immediately (and retroactively to election day) upon the certification of the election results.

*Info provided to me by a state senator's office, when I asked the same question weeks ago.

[Gunsnwater]

Our great republican legislators have kept Wolf turds emergency going. Rino. Republican wing of the DNC