Pennsylvania Firearm Owners Association
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  1. #41
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    Default Re: Transporting a Firearms

    Quote Originally Posted by R L Suehr View Post
    Gotcha, that was the bill. Once the law is past you can read it here:https://www.legis.state.pa.us/WU01/L.../HTM/18/18.HTM

    If you scan it, you can find the updated definition in 2011 was for 6102 (title 61 chapter 2). Be aware that going off a Bill like that from 10 years ago isn't a great idea, because other legislation could have passed that reammended what is said in the law. It's always best to go to the actual crimes code, since it'll be the most updated info.

    Here's what the definition of loaded says in 6102 now:

    .

    See the bold part is what I'm looking at. By the sound of your lock box setup, the mags would have to be in the "same compartment" even if they were cased up separately. I'm not a lawyer, but in my mind that's what I'm thinking. Decent job trying to research it by the way, just a few pointers for the future.

    You are correct. One reason to look at original legislation is seeing what was taken out or crossed out in order to get a better understanding of thinking or reasoning behind the new language. What I’m also looking at which seemed like everyone overlooks is the sentence,

    If the magazine is inserted into a pouch, holder, holster or other protective device that provides for a complete and secure enclosure of the ammunition, then the pouch, holder, holster or other protective device shall be deemed to be a separate compartment

    Hence it would seem to me that if you have the rifle by itself in the lock box and you have your magazines in a zipped pouch or magazine pouches or holster that covers the magazine then you should be able to have the two together and be considered separate compartments. However I don’t find anyone really paying attention to that sentence and they all focus on the sentence before.

  2. #42
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    Default Re: Transporting a Firearms

    Quote Originally Posted by Bang View Post
    Recruits to PDs are drawn from the sissified populace of the times. Many never held a gun until they got into the academy. It's not their fault that Mommy and Daddy refused to allow toy guns let alone real ones. Anyone here attended a police academy recently? Are they teaching the bill of rights? Gun law is so confusing we turn to specialty attorneys to sort it out, and even that may resolve to opinion.
    I doubt the academies have the time or the inclination to attempt gun education beyond reasons to arrest and how to avoid being shot to some extent.
    I agree.

  3. #43
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    Default Re: Transporting a Firearms

    Whether a loose pouch inside a gun case is a "separate compartment" is a fact question, for the jury or judge.

    One dictionary definition is:

    a separate section of a structure or container in which certain items can be kept separate from others.
    "there's some ice cream in the freezer compartment"
    synonyms:
    section · part · partition · bay · recess · chamber · cavity · niche · nook · hollow · pocket · pouch · receptacle


    So "pouch" was thrown in by the anonymous author. A kangaroo has a pouch attached to her body, but a kid might have a pouch for his lunch money. No real help there.

    In common use, you have a glove compartment in your car, a freezer compartment and crisper compartment in your fridge. I think of a "compartment" as a fixed sub-area within a defined volume, not as a free-floating container or bag.

    Be aware that PA's appellate courts are largely anti-gun rights, to the point that they wrote that a Pennsylvania resident doesn't qualify as "any person". Declaring that a free-floating pouch is not a "compartment" would be an easier stretch for them, at which point you get convicted of the summary offense (if a long gun) or the misdemeanor or felony if it was handgun on the way to the range without an LTCF for cover.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  4. #44
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    Default Re: Transporting a Firearms

    So basically in a nutshell: one container for guns, another separate container or case for loaded mags...and or ammo.

  5. #45
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    Default Re: Transporting a Firearms

    Quote Originally Posted by GunLawyer001 View Post
    Whether a loose pouch inside a gun case is a "separate compartment" is a fact question, for the jury or judge.

    One dictionary definition is:

    a separate section of a structure or container in which certain items can be kept separate from others.
    "there's some ice cream in the freezer compartment"
    synonyms:
    section · part · partition · bay · recess · chamber · cavity · niche · nook · hollow · pocket · pouch · receptacle


    So "pouch" was thrown in by the anonymous author. A kangaroo has a pouch attached to her body, but a kid might have a pouch for his lunch money. No real help there.

    In common use, you have a glove compartment in your car, a freezer compartment and crisper compartment in your fridge. I think of a "compartment" as a fixed sub-area within a defined volume, not as a free-floating container or bag.

    Be aware that PA's appellate courts are largely anti-gun rights, to the point that they wrote that a Pennsylvania resident doesn't qualify as "any person". Declaring that a free-floating pouch is not a "compartment" would be an easier stretch for them, at which point you get convicted of the summary offense (if a long gun) or the misdemeanor or felony if it was handgun on the way to the range without an LTCF for cover.

    Thank you for clarifying that. I guess the safest thing in my case, since the soft gun case with outside pouches hardly fit with everything in it, would be to have the long gun in the locked safe box under the back seat and have the loaded magazines in a different box maybe in the back of the front seats so they could be easily accessed from the area between the front and back seat. Then they are in separate cases. Or go with an AR pistol either 80% or not and have the magazines with it in the same locked box. Dose that sound wise? Thank you

  6. #46
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    Default Re: Transporting a Firearms

    Quote Originally Posted by Rareman View Post
    I agree with everything you said. Unfortunately some LE don*t even know the difference between AR pistol and AR rifle. Because of your last advice I decided to go with a very old but functioning reliable crappy 16 inch barrel rifle, so if I loose it , then I wouldn*t be as upsat. But having it in a zipper gun case with magazines in outside pouch makes things slow and difficult specially since the lock box is small and with soft case the fit is very very thight.
    I carried a very functional SKS as a truck gun for years. Here in the boonies, it was more for dispatching wounded deer, than defending against felons, pedophiles and wife beaters (Nice work Kyle!). I have settled on my pistols as adequate for now. If things get more sporty, I will adjust as necessary.

    We humans DO have the capacity to be aware of our surroundings, and MOST situations that I can think of would give some advance warning that an AR 15 might be needed.

    Remember the vehicle is good for offense AND defense AND running away.
    American by BIRTH, Infidel by CHOICE

  7. #47
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    Default Re: Transporting a Firearms

    Quote Originally Posted by markshere2 View Post
    I carried a very functional SKS as a truck gun for years. Here in the boonies, it was more for dispatching wounded deer, than defending against felons, pedophiles and wife beaters (Nice work Kyle!). I have settled on my pistols as adequate for now. If things get more sporty, I will adjust as necessary.

    We humans DO have the capacity to be aware of our surroundings, and MOST situations that I can think of would give some advance warning that an AR 15 might be needed.

    Remember the vehicle is good for offense AND defense AND running away.
    �� well said.

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