Pennsylvania Firearm Owners Association
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  1. #1
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    Default Is Concealed carry in Philly legal if???

    Is it legal to carry a gun without ltc if the gun isnt loaded and you have it in a handbag or backpack? also lets say its in a box and inside a backpack not loaded but you have a loaded clip on you is that legal? just currious for transporting purposes not for protection. Thx

  2. #2
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    Default Re: Is Concealed carry in Philly legal if???

    Only under the circumstances outlined in the exceptions (b) listed below:

    § 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(b) of this title (relating to firearms not to be carried
    without a license).
    § 6106.
    (b) Exceptions.--The provisions of subsection (a) shall not
    apply to:
    (1) Constables, sheriffs, prison or jail wardens, or
    their deputies, policemen of this Commonwealth or its
    political subdivisions, or other law-enforcement officers.
    (2) Members of the army, navy, marine corps, air force
    or coast guard of the United States or of the National Guard
    or organized reserves when on duty.
    (3) The regularly enrolled members of any organization
    duly organized to purchase or receive such firearms from the
    United States or from this Commonwealth.
    (4) Any persons engaged in target shooting with a
    firearm, if such persons are at or are going to or from their
    places of assembly or target practice and if, while going to
    or from their places of assembly or target practice, the
    firearm is not loaded.
    (5) Officers or employees of the United States duly
    authorized to carry a concealed firearm.
    (6) Agents, messengers and other employees of common
    carriers, banks, or business firms, whose duties require them
    to protect moneys, valuables and other property in the
    discharge of such duties.
    (7) Any person engaged in the business of manufacturing,
    repairing, or dealing in firearms, or the agent or
    representative of any such person, having in his possession,
    using or carrying a firearm in the usual or ordinary course
    of such business.
    (8) Any person while carrying a firearm which is not
    loaded and is in a secure wrapper from the place of purchase
    to his home or place of business, or to a place of repair,
    sale or appraisal or back to his home or place of business,
    or in moving from one place of abode or business to another
    or from his home to a vacation or recreational home or
    dwelling or back, or to recover stolen property under section
    6111.1(b)(4) (relating to Pennsylvania State Police), or to a
    place of instruction intended to teach the safe handling, use
    or maintenance of firearms or back or to a location to which
    the person has been directed to relinquish firearms under 23
    Pa.C.S. § 6108 (relating to relief) or back upon return of
    the relinquished firearm or to a licensed dealer's place of
    business for relinquishment pursuant to 23 Pa.C.S. § 6108.2
    (relating to relinquishment for consignment sale, lawful
    transfer or safekeeping) or back upon return of the
    relinquished firearm or to a location for safekeeping
    pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment
    to third party for safekeeping) or back upon return of the
    relinquished firearm.
    (9) Persons licensed to hunt, take furbearers or fish in
    this Commonwealth, if such persons are actually hunting,
    taking furbearers or fishing as permitted by such license, or
    are going to the places where they desire to hunt, take
    furbearers or fish or returning from such places.
    (10) Persons training dogs, if such persons are actually
    training dogs during the regular training season.
    (11) Any person while carrying a firearm in any vehicle,
    which person possesses a valid and lawfully issued license
    for that firearm which has been issued under the laws of the
    United States or any other state.
    (12) A person who has a lawfully issued license to carry
    a firearm pursuant to section 6109 (relating to licenses) and
    that said license expired within six months prior to the date
    of arrest and that the individual is otherwise eligible for
    renewal of the license.
    (13) Any person who is otherwise eligible to possess a
    firearm under this chapter and who is operating a motor
    vehicle which is registered in the person's name or the name
    of a spouse or parent and which contains a firearm for which
    a valid license has been issued pursuant to section 6109 to
    the spouse or parent owning the firearm.
    (14) A person lawfully engaged in the interstate
    transportation of a firearm as defined under 18 U.S.C. §
    921(a)(3) (relating to definitions) in compliance with 18
    U.S.C. § 926A (relating to interstate transportation of
    firearms).
    (15) Any person who possesses a valid and lawfully
    issued license or permit to carry a firearm which has been
    issued under the laws of another state, regardless of whether
    a reciprocity agreement exists between the Commonwealth and
    the state under section 6109(k), provided:
    (i) The state provides a reciprocal privilege for
    individuals licensed to carry firearms under section
    6109.
    (ii) The Attorney General has determined that the
    firearm laws of the state are similar to the firearm laws
    of this Commonwealth.
    Definition of "loaded" per the UFA:
    § 6102. Definitions.
    "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.
    Last edited by Pa. Patriot; September 22nd, 2007 at 12:14 PM.

  3. #3
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    Default Re: Is Concealed carry in Philly legal if???

    Transporting where? From home to the range? Or from home to????????

  4. #4
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    Default Re: Is Concealed carry in Philly legal if???

    Quote Originally Posted by Steve in PA View Post
    Transporting where? From home to the range? Or from home to????????
    Steve, this is the same person that asked
    Quote Originally Posted by The 4th Survivor View Post
    what type of charges/time would I face if I got caught with a gun in philadelphia without a carry with permit? I know quite a few people here in philly who carry concealed guns in public and when i ask them if they have a ccw permit some didnt even know they existed....
    It is obvious he wants a loop hole and was not given one in the first thread, so now he starts a new thread with the same question but in a different way of asking.

    The answer is:

    If you intend to carry a gun in the city of the first class of Philadelphia to protect yourself, you need to have a LTCF.

    There are 100 ways I can think of to ask this question differently, and the answer will remain the exact same.

    If you live 5 miles west of Cooper street New Jersy, You will need a LTCF to carry your handgun in Philladelphia.
    If you live in the largest city in PA where you can find the freedom bell, You will need a LTCF to carry a handgun in Philladelphia.
    Elton john once wrote a song about a City in Pennsylvania and Freedom, If You live in that city, you will need a LTCF to carry a handgun in Philladelphia.

    There is a team called the Eagles in Pennsylvania, if you live in that city You will need a LTCF to carry a handgun in Philladelphia.
    That city that says it has the best Philly chese steask in the world If you live there, You will need a LTCF to carry a handgun in Philladelphia
    Do you really need me to give you an other 996 ways to ask?

    The exeption is:
    (4) Any persons engaged in target shooting with a
    firearm, if such persons are at or are going to or from their
    places of assembly or target practice and if, while going to
    or from their places of assembly or target practice, the
    firearm is not loaded.
    AND
    (8) Any person while carrying a firearm which is not
    loaded and is in a secure wrapper from the place of purchase
    to his home or place of business, or to a place of repair,
    sale or appraisal or back to his home or place of business,
    or in moving from one place of abode or business to another
    or from his home to a vacation or recreational home or
    dwelling or back, or to recover stolen property under section
    6111.1(b)(4) (relating to Pennsylvania State Police), or to a
    place of instruction intended to teach the safe handling, use
    or maintenance of firearms or back or to a location to which
    the person has been directed to relinquish firearms under 23
    Pa.C.S. § 6108 (relating to relief) or back upon return of
    the relinquished firearm or to a licensed dealer's place of
    business for relinquishment pursuant to 23 Pa.C.S. § 6108.2
    (relating to relinquishment for consignment sale, lawful
    transfer or safekeeping) or back upon return of the
    relinquished firearm or to a location for safekeeping
    pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment
    to third party for safekeeping) or back upon return of the
    relinquished firearm.


    Other then that, become a police, or as a civilian, get your LTCF, they cost a whole $25 then you dont have to worry any more.
    If you are not able to get a LTCF, you are wither not 21 or have some problem with the background check, this means the answer is NO you can not legally carry a gun in Philladelphia.
    Skeet is a sport where you are better to hit half of each bird then completely blast one and miss the other completely.

    The choice is yours, place your faith in the court system and 12 of your peers, or carried away by 6 friends.

    Nemo Me Impune Lacessit. 'Nobody provokes me with impunity'
    ΜOΛΩΝ ΛΑΒΕ

    In this world there's two kinds of people, my friend. Those with loaded guns, and those who dig. You dig.
    Clint Eastwood
    The Good, The Bad and The Ugly

  5. #5
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    Default Re: Is Concealed carry in Philly legal if???

    The answer was given in the very first reply.
    Why turn this into something else?

  6. #6
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    Default Re: Is Concealed carry in Philly legal if???

    Quote Originally Posted by Steve in PA View Post
    Transporting where? From home to the range? Or from home to????????
    if im going to a shooting range, its legal to carry if its not loaded correct? Do I have to put it in some type of box to take my gun there? someone told me that if its not loaded and in some type of box that its legal to take it that way.

  7. #7
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    (Wyoming County)
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    Default Re: Is Concealed carry in Philly legal if???

    4th survivor you have to be going directly to and from the shooting range... That means you cant use as and excuse when you get caught cruising around town... I think the answer is get a ltcf and if you dont qualify get a can of mace...

  8. #8
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    Default Re: Is Concealed carry in Philly legal if???

    Quote Originally Posted by The 4th Survivor View Post
    if im going to a shooting range, its legal to carry if its not loaded correct? Do I have to put it in some type of box to take my gun there? someone told me that if its not loaded and in some type of box that its legal to take it that way.

    This was answered in my earlier reply:
    (4) Any persons engaged in target shooting with a
    firearm, if such persons are at or are going to or from their
    places of assembly or target practice and if, while going to
    or from their places of assembly or target practice, the
    firearm is not loaded.
    Definition of "loaded" per the UFA:
    § 6102. Definitions.
    "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.


    All your Q's are answered here:
    http://www.legis.state.pa.us/WU01/LI...18/00.061..HTM

  9. #9
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    Default Re: Is Concealed carry in Philly legal if???

    If it is in your backpack, unloaded and seperate from the ammo, you're fine. Furthermore, police don't have the right to search your backpack for just any reason or on a whim. Same rules apply as to getting in the trunk of your car.

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