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

    I know you don't need a permit to open carry if you are under 21 even without a permit

    But I believe that is suspended under a state of emergency. Last I knew we have been under one for one reason or another for the last few years?

    Is that still under effect? My daughter will by 19 in a about a month and has been wanting to carry

  2. #2
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    Default Re: Under 21 OC without permit

    Quote Originally Posted by tallbump View Post
    I know you don't need a permit to open carry if you are under 21 even without a permit

    But I believe that is suspended under a state of emergency. Last I knew we have been under one for one reason or another for the last few years?

    Is that still under effect? My daughter will by 19 in a about a month and has been wanting to carry
    Other than here, I haven't heard anyone mention that caveat about the SOE. Is she going to walk out the front door and carry on? Or how is she going to get the gun to where she's going to carry? Transporting for the purpose of OCing is not permissible.
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  3. #3
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    Default Re: Under 21 OC without permit

    Quote Originally Posted by Walleye Hunter View Post
    Transporting for the purpose of OCing is not permissible.
    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.

  4. #4
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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.
    Read the part that covers permissible transport. If it is not specifically mentioned there, it is excluded.
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  5. #5
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    Default Re: Under 21 OC without permit

    There is no current state of emergency. The legislature limited the governor's power because of the ongoing covid fiasco. Now, after 60 days, the legislature must approve any continuance.

    Even unloaded and cased, unlicensed persons are limited to statutory exceptions when carrying/moving a gun outside of their home (PA law does not address or define "transport").

    Minor or not, unlicensed OC is pretty much limited to remaining on foot, unless making a trip that falls under one of the scenarios specifically exempt from licensing.
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  6. #6
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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.
    Merely having a "firearm" in/on/upon a vehicle requires a LTCF as a PA resident. PA only exempts going to/from certain places. ...just to carry isn't one of them.

    It is the same crime to carry a "firearm" in a vehicle without a LTCF as it is to carry concealed without a LTCF. ...the conviction of which and you lose your gun rights for life.

    The exemptions are here: Section (b), and before (b)(9) and (10)(hunting, fishing, trapping and dog training) are afforded, you must have at minimum a Sportsmans Permit under section (c).

    https://www.legis.state.pa.us/cfdocs...tn=6&subsctn=0
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  7. #7
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    Default Re: Under 21 OC without permit

    There are limited circumstances where she can OC.

    The practical example I always use is walking the dog. Get her squared away with a good retention holster and make sure she's up to the responsibility for her occasions on foot.

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

    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?

  9. #9
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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?
    Interesting question there. AFAIK (IANAL), she could loan you her gun since you have a LTCF and you may be able to give it back to her when you get on location. And I have wondered the same thing. If Mrs. Walleye and I were to attend a rally, could I loan her one of my guns once we got on location? She does not have a LTCF.
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  10. #10
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    Default Re: Under 21 OC without permit

    Quote Originally Posted by Walleye Hunter View Post
    Interesting question there. AFAIK (IANAL), she could loan you her gun since you have a LTCF and you may be able to give it back to her when you get on location. And I have wondered the same thing. If Mrs. Walleye and I were to attend a rally, could I loan her one of my guns once we got on location? She does not have a LTCF.
    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).

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