The HuntingPA.com Outdoor Community banner

1 - 16 of 16 Posts

·
Registered
Joined
·
402 Posts
Discussion Starter #1
Ok so I bet my buddy $20 that I can't legally own a pistol since I am 18. Well I think I just lost $20 haha. Anyways, I see PA is open carry for 18 years old and up, but then it mentions that you need to have a special license to take the pistol in the car? How can I legally transport it if I can openly? Also, If I can carry openly in PA, why is a sportmens permit even needed? Thanks
 

·
Registered
Joined
·
3,378 Posts
1) Yes, you can "own" a handgun at 18 years of age. It can be given to you by a parent or grandparent. It can even be transfered to you, although most FFL's will not do it, even though it is 100% legal.

2) Many believe you cannot "own" a handgun, because you must be 21 years of age to purchase the handgun through a FFL.

3) Yes, a person can "open carry" a handgun, however it cannot be transported in a vehicle unless your activity falls into one of the exception in PACS 6106(b). In other words, you cannot transport the handgun to a place you desire to open carry, like the mall, downtown, etc. Unitl you become 21 years of age and obtain a license to carry firearms (LTCF) the places you can transport a handgun are very, very limited.

4) A Sportman's Permit is needed for a person who does not have a "license to carry firearms" in order to transport the handgun to places they desire to hunt, fish or trap.

§ 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.
(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.
(c) Sportsman's firearm permit.--
(1) Before any exception shall be granted under
paragraph (b)(9) or (10) of this section to any person 18
years of age or older licensed to hunt, trap or fish or who
has been issued a permit relating to hunting dogs, such
person shall, at the time of securing his hunting, furtaking
or fishing license or any time after such license has been
issued, secure a sportsman's firearm permit from the county
treasurer. The sportsman's firearm permit shall be issued
immediately and be valid throughout this Commonwealth for a
period of five years from the date of issue for any legal
firearm, when carried in conjunction with a valid hunting,
furtaking or fishing license or permit relating to hunting
dogs.
The sportsman's firearm permit shall be in triplicate
on a form to be furnished by the Pennsylvania State Police.
The original permit shall be delivered to the person, and the
first copy thereof, within seven days, shall be forwarded to
the Commissioner of the Pennsylvania State Police by the
county treasurer. The second copy shall be retained by the
county treasurer for a period of two years from the date of
expiration. The county treasurer shall be entitled to collect
a fee of not more than $6 for each such permit issued, which
shall include the cost of any official form. The Pennsylvania
State Police may recover from the county treasurer the cost
of any such form, but may not charge more than $1 for each
official permit form furnished to the county treasurer.
(2) Any person who sells or attempts to sell a
sportsman's firearm permit for a fee in excess of that amount
fixed under this subsection commits a summary offense.
(d) Revocation of registration.--Any registration of a
firearm under subsection (c) of this section may be revoked by
the county treasurer who issued it, upon written notice to the
holder thereof.
(e) Definitions.--
(1) For purposes of subsection (b)(3), (4), (5), (7) and
(8), the term "firearm" shall include any weapon which is
designed to or may readily be converted to expel any
projectile by the action of an explosive or the frame or
receiver of the weapon.
(2) As used in this section, the phrase "place of
instruction" shall include any hunting club, rifle club,
rifle range, pistol range, shooting range, the premises of a
licensed firearms dealer or a lawful gun show or meet.
 

·
Registered
Joined
·
402 Posts
Discussion Starter #4
So in theory I can open carry on my own property in rural susquehanna county because I will not be taking the .44 MAG in my car and I am just out in the woods with it, correct?
 

·
Registered
Joined
·
3,378 Posts
Just make sure it is carried out in the open. If it is covered by your hunting coat, it will be considered concealed!
 

·
Registered
Joined
·
3,378 Posts
Just becareful.......there is no definition as to what "concealed" means. In other words, how much of the handgun must be visible.
 

·
Registered
Joined
·
1,121 Posts
I would consider the weapon concealed if only the grip was visible. Be on the safe side and purchase a shoulder holster or a bandolier type holster that can be worn over your coat and the firearm is in full view. If you are just wearing it around your property why take a chance on getting in trouble ( chances are low but strange things happen) and risking your right to own firearms in the future due to a firearms violation.
 

·
Registered
Joined
·
402 Posts
Discussion Starter #12
True...but it still can't be concealed with a permit anyway so what's the point? But yes it's a good point that there isn't a clear definition of what is concealed and what isn't.
 

·
Registered
Joined
·
12,138 Posts
Of course it can be concealed with a permit. The law only requires a license or permit to be able to transport in a vehicle or to carry concealed on the person.
 

·
Registered
Joined
·
402 Posts
Discussion Starter #14
I thought a sportsmens permit was just to carry an open pistol if you are under 21...I was under the impression you stil can't conceal it.
 

·
Registered
Joined
·
3,378 Posts
Read the law. A Sportman's Permit "allows" the person to carry concealed, on or about their person or in a vehicle.

There is no need for a license or Sportman's Permit to open carry!!! Even if you are 18 years of age!

** Unless you are in Philly, where you would need to be 21 years of age and have a license to carry firearms in order to OC. **
 
1 - 16 of 16 Posts
Top