Is it correct you can't transport a firearm in your car to OC while hiking?

[phillykev]

My neighbor does not have a LTCF. He does have a deep seated paranoia from watching Deliverance one too many times. He's going hiking up near Jim Thorpe and wants to open carry (after I informed him of the legality of OC of which he was unaware). But as far as I can tell, it's not legal for him to transport the gun there in his car since it is not one of the exception to the transporting a firearm rule. Is that correct?

[tl_3237]

You're correct. Without acceptable licensure or profession/activity exemption, 6102 firearms (handguns, SBR, SB) in a vehicle is a violation of 18 Pa CSA 6106.

[ExCopInPhilly]

Since he would be transporting to a place where his possession and carry would be legal, he should have no problem carrying as he would to go to the range. Unloaded, ammo separate and in his trunk should more than suffice. If he is still nervous, LOCK THE TRUNK which would more than cover him.

(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.

[cigarmanpa]

Since he would be transporting to a place where his possession and carry would be legal, he should have no problem carrying as he would to go to the range. Unloaded, ammo separate and in his trunk should more than suffice. If he is still nervous, LOCK THE TRUNK which would more than cover him.

you go a cite for this? because i'm pretty sure you're wrong

[phillykev]

Since he would be transporting to a place where his possession and carry would be legal, he should have no problem carrying as he would to go to the range.

If that were true, any one could drive around with a gun unloaded in the trunk all the time anytime, since they could conceivably open carry whenever they get out of the car. (excepting Philly)

from his home to a vacation or recreational home or dwelling or back,

Yeah, but he's not staying where he'll be hiking. He's driving to the trail head.

[ExCopInPhilly]

Yeah, but he's not staying where he'll be hiking. He's driving to the trail head.

Sorry, I made an assumption, then No, he can't

[LittleRedToyota]

yeah, unfortunately, i don't think the exception cited by excopinphilly is applicable.

i think it is correct that he cannot legally transport the gun to the trail head.

ianal, though...but i honestly don't think there is any real question about this.

i would suggest suggesting that your friend get an LTCF.

[tl_3237]

If that were true, any one could drive around with a gun unloaded in the trunk all the time anytime, since they could conceivably open carry whenever they get out of the car. (excepting Philly)




Yeah, but he's not staying where he'll be hiking. He's driving to the trail head.

You got it right. ExPhillyCop got it wrong.

[phillykev]

i would suggest suggesting that your friend get an LTCF.

He applied a month ago, still waiting, we're in Philly after all.

[tlgpa]

Since he would be transporting to a place where his possession and carry would be legal, he should have no problem carrying as he would to go to the range. Unloaded, ammo separate and in his trunk should more than suffice. If he is still nervous, LOCK THE TRUNK which would more than cover him.

No, this is wrong. Doing so would be illegal!
If this were so, I could drive from my home to Walmart. Possesion and carry are legal there.

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 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.

It is an offense for any person to carry a firearm in any vehicle without a LTCF Unless...

(b) Exceptions.--The provisions of subsection (a) shall not apply to:

Going hiking is not an exception.