The DMV is covered by pre-emption correct?

[jcabin]

My brothers license expired, and he just turned 21 last week.
He needs to apply for his LTCF, so he needs to get his DL taken care of first.
That being said, I'm taking him down to the DMV to get his license renewed.

I read something on the forum a while back that made me a little confused about this. townships, municipalities, cities, counties, etc, have no right to disallow carry on their property, if they fall under preemption, but what if they are only leasing the property, and "the government" doesn't actually own?

Also, the DMV is state run, I assume, does this change how they can effect the lawful transportation of firearms on their property? I remember a while back someone said the state police can create their own policy on whether or not someone could carry on their property, because they are a state run agency.

thanks for the info folks.

[gnbrotz]

State entities are not covered by preemption, but myself and several others have OC'd at various DMV offices without issue, and I am aware of no policy that would prohibit you from carrying as you choose while there.

[ViperGTS19801]

While at the DMV, I've never seen any sign or policy that states they do not allow firearms inside the building. As far as I know, there's no policy for or against carrying.

Unless you're told otherwise, OC away. I don't know how much of a grey area it is, though, so I'm of little help, lol.

[LittleRedToyota]

as greg mentioned, the DMV is not covered by preemption.

preemption applies only to counties, municipalities, and townships. the DMV is not any of those (nor an agent of any of those), so it does not apply to them.

§ 6120. Limitation on the regulation of firearms and ammunition.

(a) General rule.--No county, municipality or township may
in any manner regulate the lawful ownership, possession,
transfer or transportation of firearms, ammunition or ammunition
components when carried or transported for purposes not
prohibited by the laws of this Commonwealth.

[t1m0thy]

Here is an experience I had:

http://forum.pafoa.org/open-carry-14...t-gap-dmv.html

[Statkowski]

As it currently stands, the PennDOT Driver's License Centers (there is no such thing as "DMV" in Pennsylvania) cannot prohibit the lawful carrying of firearms in their centers because there's no State Regulation granting them that authority.

DCNR, another state entity, can regulate firearms in State Parks because there is a State Regulation covering such (and part of that regulation has been overruled by Statute, but not open carry of firearms).

Likewise, buildings owned or leased by the Department of State have a State Regulation covering such, but such buildings do have to be posted accordingly.

[shooter357]

The last time I went to get my DL renewed, I got into a story/conversation with a woman who grew up in nazi Germany. She expressed to me her relief to see people carring guns because of what happened not so long ago in the country she called home.

[tdyoung58]

State entities are not covered by preemption, but myself and several others have OC'd at various DMV offices without issue, and I am aware of no policy that would prohibit you from carrying as you choose while there.

I have as well in their main office in Harrisburg without a issue

[k12cop]

ianal, but if you check title 18 you'll find that the commonwealth has every right to regulate conduct on it's property...don't have crimes code in front of me, but it's the same section dcnr uses to allow for enforcement of it's regulations...penndot being an agency of the commonwealth, could in fact disallow firearms, but i would assume it would be posted...could call, but that could open a can of worms...as far as i know, there is no prohibition....ianal and i could be wrong

[Statkowski]

ianal, but if you check title 18 you'll find that the commonwealth has every right to regulate conduct on it's property

No argument there, but....

...don't have crimes code in front of me, but it's the same section dcnr uses to allow for enforcement of it's regulations

The operative word here is "regulations." DCNR has regulations published in the Pa. Code.

...penndot being an agency of the commonwealth, could in fact disallow firearms, but i would assume it would be posted

There would also have to be a published regulation in the Pa. Code addressing such, which there is not.

...could call, but that could open a can of worms

Not really, but it would be a wasted call. See previous comment (i.e., no published regulation)

...as far as i know, there is no prohibition

Bingo!

....ianal and i could be wrong

No, not really, mostly, but for the reasons posted above.l