Pennsylvania Firearm Owners Association
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  1. #21
    Join Date
    May 2007
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    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Traveling to N.C. via Maryland, and VA.

    Quote Originally Posted by tl_3237 View Post
    A simpler solution follows immediately below ...
    I agree with your pragmatic suggestion, but I still think a purely academic discussion is worthwhile.

    Personally, my "simple solution" is typically to put both firearm and ammo into separate locked containers, even if then locking them into a vehicle trunk. Further, I do not engage in conversation of any type with LE if stopped, and will not consent to a search. Lastly, I attempt to operate motor vehicles in a manner which will not provide the basis for a traffic stop, though it's possible that I may have LE contact via some circumstance that is completely outside of my control.

    Finally, the simplest thing to do is to avoid interstate travel completely, so what's "legal" will never have to be determined or compared to what might be "advisable."
    Last edited by gnbrotz; September 9th, 2022 at 06:17 AM.
    Get your "Guns Save Lives" stickers today! PM for more info.

  2. #22
    Join Date
    Oct 2008
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    Elizabethtown, Pennsylvania
    (Dauphin County)
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    Default Re: Traveling to N.C. via Maryland, and VA.

    Quote Originally Posted by tl_3237 View Post
    From a 2011 thread regarding FOPA and loaded magazines.

    As has already been established there is no on-point statutory definition. Below is some case law that is also not directly on-point but lends some inkling as to how a Federal court might interpret the loaded/unloaded enigma. Perhaps someone can provide update case law from the ensuing decade since I did my research.

    A simpler solution follows immediately below ...
    Thanks for the post tl_3237. Must be nice to have a memory!

    Again I go back to this, which you allude to. A person is charged by a State with violating a State law regarding carrying a firearm, and it is likely the State definition would prevail, no? Your simpler solution is what I have applied when transporting under FOPA, because why would I want to get all the way into an appeal in Federal court instead of just removing 24-32 rounds from some magazines?
    Power always thinks...that it is doing God's service when it is violating all his laws.

  3. #23
    Join Date
    Nov 2013
    Location
    Erie (Harborcreek), Pennsylvania
    (Erie County)
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    Default Re: Traveling to N.C. via Maryland, and VA.

    Quote Originally Posted by daddy View Post
    Im going to leave it at home, and hope I don't have to defend myself. Maybe I'll buy another handgun in NC.
    What? Are you going to have it sent back to a FFL in PA? That could be expensive.

  4. #24
    Join Date
    Nov 2013
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    Erie (Harborcreek), Pennsylvania
    (Erie County)
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    Default Re: Traveling to N.C. via Maryland, and VA.

    Quote Originally Posted by daddy View Post
    Vacation coming up to outer banks. Haven't been there in many years. What do I need to do to be legal with a PA license to carry? Last thread on here was 2013 according to my search skills. Appreciate any feedback.
    Get on I-79, take it all the way to NC through WVA, then VA, it splits into two at I-87 and 79 in NC. You never go through MD. WVA, VA, NC are all reciprocal with PA. The only catch is that NC has duty to inform, without being asked, like Ohio. Come back the same way. IANAL All info comes from USACARRY.com

  5. #25
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    Jan 2013
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    Delco, Pennsylvania
    (Delaware County)
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    Default Re: Traveling to N.C. via Maryland, and VA.

    I have 2 lock boxes cabled in the bed of the truck, one on each side all the way in the back.
    Sticks and stones will break my bones but hollow points expand on impact.

  6. #26
    Join Date
    Jan 2011
    Location
    Waynesboro, Pennsylvania
    (Franklin County)
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    Default Re: Traveling to N.C. via Maryland, and VA.

    I was just double checking the "duty to inform" states.
    WTF, PA is listed as a "duty to inform if asked" state. ?????
    When did that happen or does USACarry.com have it wrong? DO they include PA as a "duty to inform if asked" state because you have a duty to show your LTCF if asked?
    The Hostler

  7. #27
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Traveling to N.C. via Maryland, and VA.

    Quote Originally Posted by ray h View Post
    I was just double checking the "duty to inform" states.
    WTF, PA is listed as a "duty to inform if asked" state. ?????
    When did that happen or does USACarry.com have it wrong? DO they include PA as a "duty to inform if asked" state because you have a duty to show your LTCF if asked?
    Nothing has changed. And as a point of clarification, you do not need to present your LTCF if "asked". LE can "ask" anything they want, all day long, and you have no obligation to respond.

    A LTCF must be presented upon "lawful demand". The lawful point may be statutorily undefined, but if you watch any number of LE encounter videos, you'll see citizens often asking "Are you asking me to do xyz or are you demanding?" There's a reason for this, especially if there end up being future court proceedings where such a distinction can potentially determine the outcome of a particular argument or even the entire case disposition.

    It can be the difference between "He allowed me to search the trunk" and "My plaintiff opened the trunk under duress and threat of arrest."
    Get your "Guns Save Lives" stickers today! PM for more info.

  8. #28
    Join Date
    Jan 2011
    Location
    Waynesboro, Pennsylvania
    (Franklin County)
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    Default Re: Traveling to N.C. via Maryland, and VA.

    Quote Originally Posted by gnbrotz View Post
    Nothing has changed. And as a point of clarification, you do not need to present your LTCF if "asked". LE can "ask" anything they want, all day long, and you have no obligation to respond.

    A LTCF must be presented upon "lawful demand". The lawful point may be statutorily undefined, but if you watch any number of LE encounter videos, you'll see citizens often asking "Are you asking me to do xyz or are you demanding?" There's a reason for this, especially if there end up being future court proceedings where such a distinction can potentially determine the outcome of a particular argument or even the entire case disposition.

    It can be the difference between "He allowed me to search the trunk" and "My plaintiff opened the trunk under duress and threat of arrest."
    Agreed, I chose my words poorly. So does USACarry.com have it wrong when they say you must inform if asked?
    https://www.usacarry.com/duty-to-inform-laws/
    I thought it sounded funny, because, as you said, I don't have to answer anything and I don't have to tell the truth, unless the officer is a federal officer.
    Maybe I'm not understanding what it says, doesn't really matter what USACarry says anyway.
    Last edited by ray h; September 10th, 2022 at 07:13 PM.
    The Hostler

  9. #29
    PickingPA Guest

    Default Re: Traveling to N.C. via Maryland, and VA.

    Quote Originally Posted by gnbrotz View Post
    Nothing has changed. And as a point of clarification, you do not need to present your LTCF if "asked". LE can "ask" anything they want, all day long, and you have no obligation to respond.

    A LTCF must be presented upon "lawful demand". The lawful point may be statutorily undefined, but if you watch any number of LE encounter videos, you'll see citizens often asking "Are you asking me to do xyz or are you demanding?" There's a reason for this, especially if there end up being future court proceedings where such a distinction can potentially determine the outcome of a particular argument or even the entire case disposition.

    It can be the difference between "He allowed me to search the trunk" and "My plaintiff opened the trunk under duress and threat of arrest."
    While true, use extreme caution if choosing to travel down this path.

    TITLE 18
    § 6122. Proof of license and exception.
    (a) General rule.--When carrying a firearm concealed on or about one's person or in a vehicle, an individual licensed to carry a firearm shall, upon lawful demand of a law enforcement officer, produce the license for inspection. Failure to produce such license either at the time of arrest or at the preliminary hearing shall create a rebuttable presumption of nonlicensure.
    Failure to show your LTCF grants them the leeway to presume that you are not a valid LTCF holder and therefore unlawfully carrying a firearm…. which tends to elevate their level of aggression and tactics of procedure.

  10. #30
    PickingPA Guest

    Default Re: Traveling to N.C. via Maryland, and VA.

    Quote Originally Posted by ray h View Post
    Agreed, I chose my words poorly. So does USACarry.com have it wrong when they say you must inform if asked?
    https://www.usacarry.com/duty-to-inform-laws/
    I thought it sounded funny, because, as you said, I don't have to answer anything and I don't have to tell the truth, unless the officer is a federal officer.
    Maybe I'm not understanding what it says, doesn't really matter what USACarry says anyway.
    I, among many others here, would point you to https://handgunlaw.us/ for very detailed information. But be aware, as with ALL gun law reference sites, laws do change and sometimes outdated info remains on these sites. Use as a guideline and double check accuracy with the specific state’s AG office website.

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