READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania

[Raistlin]

2b. Within 1000ft of a school unless you have a license/permit issued by the state in which the school is located - US Title 18, Part I, Chapter 44, Subsection 922(q)

My apologies if this has been covered-recovered, but if I have a FL permit and not a PA LTCF, does this then prohibit me from being within 1000ft since I don't possess PA's LTCF?

[tl_3237]

My apologies if this has been covered-recovered, but if I have a FL permit and not a PA LTCF, does this then prohibit me from being within 1000ft since I don't possess PA's LTCF?

It is arguable whether the AG had delegated FL the background checking requirement for 18 USC 922(q) when he entered into a reciprocal agreement between PA-FL.

The ATF has issued a leter in 2002 with the opinion that you would be in violation with an out-of-state license.

see: http://www.handgunlaw.us/documents/batf_school_zone.pdf

I've never encountered a case where the 18 USC 922(q) was charged except with other criminal activity. That doesn't say that's there no risk but I would adjudge it minimal. Just be aware that's its unsettled legal territory.

[ellik]

I wanted to get a clarification on something mentioned in the 'vehicles' section of the original post. It was noted that horses, bicycles, etc. are considered to be vehicles, and that long-guns cannot be loaded in while in/on a vehicle.

if I read PA Code 58.135.41.c.5 correctly, it permits riding a non-motorized vehicle while lawfully engaged in hunting on state game lands.

c - additional prohibitions
(5) Ride a nonmotorized vehicle, conveyance or animal from the last Saturday in September until the third Saturday in January, and before 1 p.m. from the second Saturday in April through the last Saturday in May inclusive, except on Sundays or while lawfully engaged in hunting, trapping or fishing.

my question is specific to the Allegheny National Forest. Since Federal land is now subject to state regulations, is it OK to carry a loaded long-gun while hunting from horseback in the Allegheny National Forest (where horses are permitted).

[GunLawyer001]

I wanted to get a clarification on something mentioned in the 'vehicles' section of the original post. It was noted that horses, bicycles, etc. are considered to be vehicles, and that long-guns cannot be loaded in while in/on a vehicle.

if I read PA Code 58.135.41.c.5 correctly, it permits riding a non-motorized vehicle while lawfully engaged in hunting on state game lands.

c - additional prohibitions
(5) Ride a nonmotorized vehicle, conveyance or animal from the last Saturday in September until the third Saturday in January, and before 1 p.m. from the second Saturday in April through the last Saturday in May inclusive, except on Sundays or while lawfully engaged in hunting, trapping or fishing.

my question is specific to the Allegheny National Forest. Since Federal land is now subject to state regulations, is it OK to carry a loaded long-gun while hunting from horseback in the Allegheny National Forest (where horses are permitted).

First, an exception to the Game Laws doesn't supersede the Crimes Code.

Second, the section you cited doesn't say that the long guns can be loaded, does it? You certainly can't be actually hunting, fishing or trapping from a vehicle (not legally, anyway), so there's no implied permission to have that long gun loaded during transport.

ETA: Do people hunt from the horse's back?

[ellik]

First, an exception to the Game Laws doesn't supersede the Crimes Code.

Second, the section you cited doesn't say that the long guns can be loaded, does it? You certainly can't be actually hunting, fishing or trapping from a vehicle (not legally, anyway), so there's no implied permission to have that long gun loaded during transport.

ETA: Do people hunt from the horse's back?

Why cant you actually hunt from a non-motorized vehicle as stipulated by the exception? I may be way off base, but you wouldnt be actively engaged in the activity of hunting without a loaded firearm. Its not uncommon to hunt off of horseback out west. I'm not trying to be a PITA, my gut feeling is that this is incorrect, but I cant find the language in the Code to support myself.

Next question: Im starting to get involved in mounted shooting competitions.... some of the competitions here in PA. Groups reserve arenas in fairgrounds and carry out these events. Are they technically illegal because you are carrying (and discharging) loaded weapons, including long-guns, from a horse (a non-motorized vehicle)?

[Windthing Ray]

Just wondering if there have been any updated changes to any of this info in lieu of what happened in SC recently with their declared state of emergency due to the hurricane
Thx

[knight0334]

Just wondering if there have been any updated changes to any of this info in lieu of what happened in SC recently with their declared state of emergency due to the hurricane
Thx

None of what has happened elsewhere as affected PA's laws or standing court rulings.

In PA one must have a LTCF to carry during a declared state of emergency, that will remain so until PA changes their laws or the courts say otherwise.

[acosenza2]

**See ATF Open Letter Below:
http://www.atf.gov/firearms/122905pe...openletter.pdf

Just an FYI. This link is broken.

[knight0334]

Just an FYI. This link is broken.

oyh... that would be the third time.. The ATF keeps changing their site around and fubar'n the paths to the open letters.

Give me some time to dig up another link to that open letter.

[knight0334]

Just an FYI. This link is broken.

Fixed. New link available.