Pennsylvania Firearm Owners Association
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  1. #11
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    Default Re: Under 21 OC without permit

    Quote Originally Posted by Royinmontco View Post
    Isn't there an "out" for carrying a pistol in a car owned by a valid LTCF carrier? Yes, I know it's a stretch and would be an uphill battle in court (certainly against the "spirit" of the loophole that is designed to protect those who borrow the car of an LTCF holder).
    Yes, there is, but it's dependent on who is the owner of the gun. Also, I agree with you, that it would end up being an 'affirmative defense' after charges were filed, and by no means a slam-dunk win.

    (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.
    Quote Originally Posted by tallbump View Post
    I guess as long as I am with her, it wouldn't matter?
    Not necessarily. If you're together, but the gun is holstered on her hip, *SHE* is arguably "carrying" the gun, and unless making an exempted trip, could be seen to be outside of the law. If you took possession while in the vehicle, or stuck it in a box under your seat (no lock necessary, just creating "separation" from the custody and control of your daughter), IMO you'd be more likely to either not be charged or have an easier battle in court then sending her out alone and relying on 6106 (b)(13).

    Also, if it's "daughter's gun" (perfectly legal), 6106 (b)(13) wouldn't apply.
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  2. #12
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    Default Re: Under 21 OC without permit

    Hot damn! Seems like it's been 10 years since open carry has been discussed here.

    Now all we need is a "You'll get shot first" thread and it will be just like old times!!!


    On topic:
    It will be interesting to see if a "workaround" is discovered in this thread.
    In all the years of this specific topic being discussed, I can't recall any resolution beyond "Carry pepper spray until you're 21 - it will come sooner than you think."
    I called to check my ZIP CODE!....DY-NO-MITE!!!

  3. #13
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    Default Re: Under 21 OC without permit

    Quote Originally Posted by tallbump View Post
    I didn't think about transport. I have had my permit for like 10 years now, so I forgot how weird the transport laws are.

    I guess as long as I am with her, it wouldn't matter?
    Good lord man are you in such a hurry for her to become prohibited?
    The Gun is the Badge of a Free Man

  4. #14
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    Default Re: Under 21 OC without permit

    Quote Originally Posted by Emptymag View Post
    Hot damn! Seems like it's been 10 years since open carry has been discussed here.

    Now all we need is a "You'll get shot first" thread and it will be just like old times!!!


    On topic:
    It will be interesting to see if a "workaround" is discovered in this thread.
    In all the years of this specific topic being discussed, I can't recall any resolution beyond "Carry pepper spray until you're 21 - it will come sooner than you think."
    No there ain't no work around.
    The Gun is the Badge of a Free Man

  5. #15
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    Nov 2013
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    Erie (Harborcreek), Pennsylvania
    (Erie County)
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    Default Re: Under 21 OC without permit

    Quote Originally Posted by Hudson8x57 View Post
    Even if it's transported unloaded and cased, separate from the ammunition? I can't find the part of the legislation that covers open carry at the moment, but I seem to recall it falls under the same part that covers transport for hunting, target shooting, etc.
    Yes. You can't even stop at a restaurant for lunch with weapons in your car on the way back home from a range, to the best of my knowledge.

    § 6106(b)(4), one can lawfully transport a firearm, as defined by PA, “if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the firearm is not loaded.”

    To...or from....not to or from and stopping to have a drink, buy groceries, or even take a crap.

  6. #16
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    Feb 2021
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    Default Re: Under 21 OC without permit

    Sorry, guess my question was too brief.

    I was thinking about the gun being in the car, say in a safe in the cargo area or something. Our car is registered in my name. I am a licensed carried, and it's my car. Nothing banning my from transporting a weapon.

    We get out, she throws the gun on her hip, there we go

  7. #17
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    Default Re: Under 21 OC without permit

    Quote Originally Posted by tallbump View Post
    Sorry, guess my question was too brief.

    I was thinking about the gun being in the car, say in a safe in the cargo area or something. Our car is registered in my name. I am a licensed carried, and it's my car. Nothing banning my from transporting a weapon.

    We get out, she throws the gun on her hip, there we go
    IANAL but I think you're flirting with disaster there. Whilst you are allowed to pass ownership of your gun to your children with no paperwork, I question whether or not you are allowed to loan it to them, as you are with a LTCF holder.
    2024 Trump or Bust!

  8. #18
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    Default Re: Under 21 OC without permit

    Quote Originally Posted by tallbump View Post
    Sorry, guess my question was too brief.

    I was thinking about the gun being in the car, say in a safe in the cargo area or something. Our car is registered in my name. I am a licensed carried, and it's my car. Nothing banning my from transporting a weapon.

    We get out, she throws the gun on her hip, there we go
    If you're with your daughter why not just carry yourself and keep the gun on your person? No legal issue there and she's also protected by you, although she wouldn't get to carry directly.

    Someone else mentioned the dog example, let her open carry anytime she's leaving the house and not using any type of transportation other than her feet. That would at least get her some practice until she turns 21 and can get her LTCF.

    The open carry laws in PA are all but useless with the transportation clause. Trying to skirt them is a good way to end up with a felony and also lose your gun rights for life.

  9. #19
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    Default Re: Under 21 OC without permit

    Quote Originally Posted by tallbump View Post
    Sorry, guess my question was too brief.

    I was thinking about the gun being in the car, say in a safe in the cargo area or something. Our car is registered in my name. I am a licensed carried, and it's my car. Nothing banning my from transporting a weapon.

    We get out, she throws the gun on her hip, there we go
    Soon to be followed by the how do I get my rights back thread.
    The Gun is the Badge of a Free Man

  10. #20
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    Default Re: Under 21 OC without permit

    Quote Originally Posted by Walleye Hunter View Post
    IANAL but I think you're flirting with disaster there. Whilst you are allowed to pass ownership of your gun to your children with no paperwork, I question whether or not you are allowed to loan it to them, as you are with a LTCF holder.
    I agree. Say the young woman leaves her father for a while, is stopped by a police officer who asks how she got to where she is. Does she plead the Fifth? Mumble something about, but it's my dad's gun? He transported it so I could,,,,,oh forget that. I mean I need to contact a lawyer?

    Just wait. Life moves fast.

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