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Thread: In need of clarification...
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September 26th, 2009, 12:14 AM #1Junior Member
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In need of clarification...
Hello all, please forgive me. This may be long. First off, I'm fairly new to all this. I have been around guns, hunting rifles, and what have you pretty much my whole life. I bought my first handgun last year (a good lil republican who used his stimulus to buy a gun hehe) and did some research but have come up cloudy in a discussion with a friend about carrying. I need the technical definition explaining the difference between LTCF, and a lic to carry a concealed. I currently am licensed with a LTCF. Does this mean I cannot have it concealed? Also...another sidenote of our discussion is about how the firearm is carried, meaning holter vs no holster. Before any1 comes to judgement, I do own a molded holster that my gun is in ALL the time when I carry. My friend is the same way. The question is, and this is another I need specifics on, by law, does the firearm need to be in a holster while on the person? Meaning...I know not safe, but could you carry it in yur coat pocket, or in your belt without a holster. I say no. That the gun MUST be in a holster for safety reasons alone, and by law. He thinks that the concealed firearm law doesnt specify in or out of holster. This convo came up while talking about the "thugs" who 80% are most certainly not lic'ed or legal, who carry the gun in a hoodie or belt. Any info will be greatly appreciated. Thanks for your time.
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September 26th, 2009, 12:21 AM #2Banned
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Re: In need of clarification...
The answer is simple: An LTCF means exactly what it says - Firearm only!
A license to carry a concealed weapon applies to many things other than a pistol; and, would allow the holder to carry certain knives in some states.
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September 26th, 2009, 12:28 AM #3
Re: In need of clarification...
if you have a LTCF. you can carry conceled or open. which ever you like.
"I Don't Miss"
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September 26th, 2009, 12:33 AM #4Junior Member
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Re: In need of clarification...
Thanks guys. Now does any1 know if the firearm MUST me carried in a holster. Again, I always use my holster for safety reasons, but this was a big part of our convo. I say law says yes to hoster, my friend says it doesnt specify.
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September 26th, 2009, 12:35 AM #5
Re: In need of clarification...
i know several people who don't carry witha holster. I'm not sure if the law says you must but if it does i've never read it.
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September 26th, 2009, 12:46 AM #6
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September 26th, 2009, 12:57 AM #7Senior Member
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Re: In need of clarification...
Good guys wear holsters
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September 26th, 2009, 01:02 AM #8
Re: In need of clarification...
As noted above, there's no statute specifically requiring you to carry in a holster.
However, if you carry chambered and cocked, stuck loosely in a pocket or down your sweat pants, and it goes off, you will be liable criminally and civilly for your negligent conduct. Might be considered reckless endangerment. And if your gun goes off and kills someone, that may be negligent homicide.
You are responsible for what your lethal weapon does, so the more traditional your actions, the better the defense you have, and the less likely there will be an accident requiring a defense.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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September 26th, 2009, 01:38 AM #9
Re: In need of clarification...
Please don't be offended by this comment because I mean no disrespect but I would urge you and your friend to both maybe find a good class somewhere that deals specifically with carrying a handgun in PA. This would help clarify many issues regarding safety and the law as it applies to concealed carry and open carry in PA. It could be money well spent and probably woul be an enjoyable thing too.
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September 26th, 2009, 01:51 AM #10
Re: In need of clarification...
Maybe these will help
18 Pa.C.S. § 6106: Firearms not to be carried without a license
(a) Offense defined.--
(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.
(2) A person who is otherwise eligible to possess a [FN1] valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.
18 Pa.C.S. § 6107: Prohibited conduct during emergency
No person shall carry a firearm, rifle or shotgun upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:
(1) Actively engaged in a defense of that person's life or property from peril or threat.
(2) Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).
18 Pa.C.S. § 6108: Carrying firearms on public streets or public property in Philadelphia
No person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless:
(1) such person is licensed to carry a firearm; or
(2) such person is exempt from licensing under section 6106 of this title (relating to firearms not to be carried without a license).
18 Pa.C.S. § 6109: Licenses
(a) Purpose of license.--A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle throughout this Commonwealth.
As has been stated PA does not issue a "License to carry concealed" or a "concealed weapons permit" or a "concealed carry permit". Those are simply phrases in common use due to so many other states issuing documents with such titles. PA issues a License to carry firearms which allows you to carry a firearm as defined in the statute (handgun, SBR, SBS, AOW) concealed, in a vehicle, in a city of the first class, and in a declared state of emergency. It also allows you to be loaned a firearm.
A firearm may be carried openly, on foot by anyone who can legally own it without a license.If you don't know who your state legislators are go here:
http://www.legis.state.pa.us/index.cfm
put your zip plus 4 in the box in the upper right hand corner.
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