Denied a Concealed Carry Permit???...

[headcase]

Are you 110% sure about that ? You might be, but thats not the way I read the Statute.

Zack is 100% correct.

http://forum.pafoa.org/general-2/829...ml#post1028383

[JCWohlschlag]

Only requirement is that it is unloaded.

Actually, there is a minor quibble in the claim that the only requirement is that the firearm be “unloaded”. While technically true, colloquially it fails to address all necessary issues. The quibble comes from the fact that 18 Pa.C.S. § 6102 (Definitions) gives a very specific meaning to what loaded and not loaded means.

18 Pa.C.S. § 6102

Title 18 Pa.C.S. Crimes and Offenses

Part II. Definition of Specific Offenses

Article G. Miscellaneous Offenses

Chapter 61. Firearms and Other Dangerous Articles

Subchapter A. Uniform Firearms Act

§ 6102. Definitions

Subject to additional definitions contained in subsequent provisions of this subchapter which are applicable to specific provisions of this subchapter, the following words and phrases, when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

…

“Loaded.” A firearm is loaded if the firing chamber, the nondetachable magazine or in the case of a revolver, any of the chambers of the cylinder contain ammunition capable of being fired. In the case of a firearm which utilizes a detachable magazine, the term shall mean a magazine suitable for use in said firearm which magazine contains such ammunition and has been inserted in the firearm or is in the same container or, where the container has multiple compartments, the same compartment thereof as the firearm.

…

As cited above, in order to avoid the specific definition of loaded, the firearm and charged magazine must be in separate containers or separate compartments of a container. I believe it is lawful to carry an empty firearm on your hip (in its own holster), as the holster counts as the container/compartment for the firearm, thereby separating the firearm from the charged magazine. If you put the charged magazine in your pocket, glove box, or center console, then I am absolutely certain the separate container/compartment clause is met.

What I can guarantee you, however, is that having the empty firearm sitting on the passenger seat right next to the charged magazine absolutely does not fit the terms of not loaded. Having an unholstered firearm (Ruger LCP or another small pistol, for example) and the charged magazine for that pistol in the same pocket, even if the magazine is not inserted in the firearm, fails to meet the terms of not loaded. The separate container/compartment must be considered when “unloading” your firearm for vehicle transport.

[zackattack784]

Good points and well said.

[zackattack784]

Zack is 100% correct.

http://forum.pafoa.org/general-2/829...ml#post1028383

Haha I started the argument in that thread too. Man I must really be a troublemaker around here . I learned from the best though, and by best I mean you HC .