PA Car Gun Question

[BobFromBucks]

Hypothetical question...
If one were considering keeping a lever-action rifle as a "truck gun", could it be cased with rounds in the mag tube and on a stock cuff, with no round chambered? With a little reading, I thought I saw that as long as a round was not chambered the rifle would be considered as unloaded, and therefore legal to leave in the truck.
Answers?

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[iUxTc]

The answer is no. Title 34
§ 2503. Loaded firearms in vehicles.

(a) General rule.--Except as otherwise provided in this title, it is unlawful for any person to have a firearm of any kind in or on or against any conveyance propelled by mechanical power or its attachments at any time whether or not the vehicle or its attachment is in motion unless the firearm is unloaded. The exceptions in this subsection do not apply when attempting to locate game or wildlife with an artificial light or when exercising any privileges granted by this title which may be exercised only when not in the possession of a firearm.

(b) Exceptions.--This section shall not be construed to apply to:

(1) A police officer engaged in the performance of his official duty.

(2) A commission officer engaged in the performance of his duty.

(3) A person carrying a loaded pistol or revolver when in possession of a valid firearms license issued by the chief or head of any police force or the sheriff of a county when the license is issued for protection under 18 Pa.C.S. Ch. 61 Subch. A (relating to Uniform Firearms Act).

(4) Any person as defined in section 2121(c) (relating to killing game or wildlife to protect property) while on lands they control and when not hunting or trapping for game or wildlife.

(5) Any motorboat or other craft having a motor attached or any sailboat if the motor has been completely shut off or the sail furled and its progress therefrom has ceased.

(6) Any political subdivision, its employees or agents, which has a valid deer control permit issued under section 2902(c) (relating to general categories of permits).

The exceptions in paragraphs (1) through (5) do not apply when attempting to locate game or wildlife with an artificial light or when exercising any privileges granted by this title which may be exercised only when not in the possession of a firearm.

(c) Penalty.--A violation of this section is a summary offense of the fourth degree if the vehicle is in motion. Otherwise the violation is a summary offense of the fifth degree.

(Mar. 29, 1996, P.L.41, No.13, eff. imd.; Dec. 19, 1996, P.L.1442, No.184, eff. 60 days)



1996 Amendment. Acts 13 and 184 amended subsec. (b).

[tl_3237]

The answer is no. Title 34
§ 2503. Loaded firearms in vehicles.

(a) General rule.--Except as otherwise provided in this title, it is unlawful for any person to have a firearm of any kind in or on or against any conveyance propelled by mechanical power or its attachments at any time whether or not the vehicle or its attachment is in motion unless the firearm is unloaded. The exceptions in this subsection do not apply when attempting to locate game or wildlife with an artificial light or when exercising any privileges granted by this title which may be exercised only when not in the possession of a firearm.

(b) Exceptions.--This section shall not be construed to apply to:

(1) A police officer engaged in the performance of his official duty.

(2) A commission officer engaged in the performance of his duty.

(3) A person carrying a loaded pistol or revolver when in possession of a valid firearms license issued by the chief or head of any police force or the sheriff of a county when the license is issued for protection under 18 Pa.C.S. Ch. 61 Subch. A (relating to Uniform Firearms Act).

(4) Any person as defined in section 2121(c) (relating to killing game or wildlife to protect property) while on lands they control and when not hunting or trapping for game or wildlife.

(5) Any motorboat or other craft having a motor attached or any sailboat if the motor has been completely shut off or the sail furled and its progress therefrom has ceased.

(6) Any political subdivision, its employees or agents, which has a valid deer control permit issued under section 2902(c) (relating to general categories of permits).

The exceptions in paragraphs (1) through (5) do not apply when attempting to locate game or wildlife with an artificial light or when exercising any privileges granted by this title which may be exercised only when not in the possession of a firearm.

(c) Penalty.--A violation of this section is a summary offense of the fourth degree if the vehicle is in motion. Otherwise the violation is a summary offense of the fifth degree.

(Mar. 29, 1996, P.L.41, No.13, eff. imd.; Dec. 19, 1996, P.L.1442, No.184, eff. 60 days)



1996 Amendment. Acts 13 and 184 amended subsec. (b).

Title 34 (Game and Wildlife Code) would not apply outside activities in pursuit of and harvesting game and other wildlife.

The prohibition of loaded longarms in vehicles is found in Title 18 (Crimes)

18 PA CSA § 6106.1. Carrying loaded weapons other than firearms.

(a) General rule.--Except as provided in Title 34 (relating to game), no person shall carry a loaded pistol, revolver, shotgun or rifle, other than a firearm as defined in section 6102 (relating to definitions), in any vehicle. The provisions of this section shall not apply to persons excepted from the requirement of a license to carry firearms under section 6106(b)(1), (2), (5) or (6) (relating to firearms not to be carried without a license) nor shall the provisions of this section be construed to permit persons to carry firearms in a vehicle where such conduct is prohibited by section 6106.

(b) Penalty.--A person who violates the provisions of this section commits a summary offense.

[iUxTc]

Title 34 (Game and Wildlife Code) would not apply outside activities in pursuit of and harvesting game and other wildlife.

The prohibition of loaded longarms in vehicles is found in Title 18 (Crimes)

Not exactly, this new definition in 6102 might not apply to this case.

"Firearm." 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.

[tl_3237]

Not exactly, this new definition in 6102 might not apply to this case.

"Firearm." 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.

Please elaborate as I am unclear as to your point.

Are you implying a Short Barrel Rifle? If so then 18 Pa CSA 6106 applies. If a longarm then 6106.1 applies. The OP was unspecific in regards to the "rifle" length.

In any event the citation of Title 34 is incorrect - the controlling law is found in Title 18.

What is the "new" 6102 firearm definition? Has it changed it the past 2-3 decades??

[1911Operator]

I THINK so... BUT an SBR isn't a long gun, so...

I*m not an attorney, nor do I play one on TV, but I believe the SBR, is considered a rifle, you*d be better off and legal with an AR pistol, loaded in a vehicle. What say a real attorney?

[fingers80002]

I*m not an attorney, nor do I play one on TV, but I believe the SBR, is considered a rifle, you*d be better off and legal with an AR pistol, loaded in a vehicle. What say a real attorney?

SBR is a "firearm".......

[GunLawyer001]

I*m not an attorney, nor do I play one on TV, but I believe the SBR, is considered a rifle, you*d be better off and legal with an AR pistol, loaded in a vehicle. What say a real attorney?

The correct question in this specific context is whether carrying loaded SBR's is "Carrying loaded weapons other than firearms".

It may confuse your average cop or ADA (because it's a very specific question about converging definitions), but 5 minutes with a copy of the Crimes Code, the gun in question, and a yardstick, would answer it.

[knight0334]

I*m not an attorney, nor do I play one on TV, but I believe the SBR, is considered a rifle, you*d be better off and legal with an AR pistol, loaded in a vehicle. What say a real attorney?

A SBR isn't just a "rifle", it is a Short Barreled Rifle.

Under PA law it is a "firearm" and is treated the same as a handgun that has a barrel less than 15" or OAL less than 26".

§ 6102. Definitions.
"Firearm." 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.