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Thread: concealed carry legal?
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April 8th, 2010, 09:03 PM #1
concealed carry legal?
Got into a discussion over concealed carry in Erie Pa. I told the person, yes you can. He told me that you have to have the ammo separate from the firearm. So, can you legally carry concealed in Erie Pa?
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April 8th, 2010, 09:09 PM #2
Re: concealed carry legal?
The right to bear arms isn't for hunting bear. Subliminal Messages
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April 8th, 2010, 09:25 PM #3Grand Member
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Re: concealed carry legal?
it is possible that erie has an ordinance he could cite. of course, that ordinance is made null and void by the state preemption clause in the UFA.
for example, pittsburgh has an ordinance on the books saying OCing without an LTCF is illegal...as well as an AWB...on the books. they just aren't ever enforced. (er, well, except a couple summers ago, someone got cited under it for OCing in a macdonalds. the citation was, of course, thrown out. there was a thread about it here somewhere.)
at any rate, for eyegore's sake, what this all means is...
it is generally illegal to conceal carry handguns (and short rifles/shotguns) in PA...whether the gun is loaded or not. however, you can go to your county sheriff and get what is called a license to carry firearms (LTCF) that will allow you to be excepted from that (state) law. thus, if you have an LTCF, concealed carry is legal...whether the gun is loaded or not. (carrying an unloaded gun is not the best idea for a variety of reasons.)
PA is what is called a "shall-issue" state. thus, as long as you pass a background check (and are over 21), the sheriff is required to issue you an LTCF if you want one. of course, if you fail the background check, then he will deny your request.
PA also has what is called a "preemption clause" in the Uniform Firearms Act (UFA) which is the state law on guns. this clause prohibits counties, municipalities, cities, etc. from making their own laws regarding owning, transporting, transfering, and carrying guns (they can regulate discharge). however, some municipalities do have such laws on the books...either because they were on their books before state preemption came along or because they attempted to challenge state preemption (but lost).
so, someone might be able to cite a local ordinance against concealed carry, but it is actually null-and-void and cannot be enforced.
there is plenty of other good information in the stickies around here if you are interested in learning more. for example, there are certain places that you cannot carry even with a LTCF...though there are few such places in PA.F*S=k
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April 8th, 2010, 09:31 PM #4
Re: concealed carry legal?
Just what I thought. I just wanted to double check so tomorrow I can inform him that he is wrong. Thanks for the reply's.
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April 8th, 2010, 09:34 PM #5
Re: concealed carry legal?
Your friend is confused between carrying concealed with a License to Carry Firearms and transporting firearms in a vehicle without a license (this requires separation of ammo from gun). Next time he or anyone tells you anything about gun laws that is questionable, ask them to point it out in the UFA (Uniform Firearms Act), or one of those ILLEGAL local ordinances (none for concealed carry that I'm aware of)...then smack 'em upside the head for making shit up to make them look knowledgeable.
Al
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April 8th, 2010, 09:34 PM #6
Re: concealed carry legal?
Just to cover all of the bases...
There is no Erie Ordinance Article 725 banning concealed carry...just the routine one about discharge.
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