Bringing hunting pistol across state lines
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Nope, nothing special to transport it...just follow the federal laws...encased unloaded, with ammo stored separate.GreenInPA said:
Now for hunting with it, he will need either a PA Sportsman's firearms permit or a License to Carry Firearm (LTCF). Both available from the county Sherriff's office. In my opinion, get the LTCF, it removes alot of questions.
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I don't know whether there is any recirpocity with NY for carry permits. In PA, you do not need a permit to hunt with a psitol, so long as it is not carried concealed. Once, concealed under clothing, such a a hunting jacket, a Sportsmen's permit, or LTCF is required, even if it is an antique. Under the PA crimes code, it is illegal to transport any pistol in a vehicle to or from hunting without the one of the permits. It doesn't matter if it is unloaded or not. Now federal law may trump part of that for interstate transportation. The stupid thing is that it is not illegal to tranport the pistol without a permit, in a vehicle to go to or from home to a gun shop, or to or from a range or shooting competition.
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Now can he go to any county Sheriff's office in PA or does it have to be the county he's hunting in? The reason I ask is because he lives very close to the Northwest corner of PA but he would be hunting in the Northeast here with me.ChuckS said:
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Geesh, Gilby, as far as I know there may be an exception for hunting weapons carried unloaded and locked into a seperate area from the passenger compartment for interstate transport under federal law. Not sure of the fine points of that federal law. To drag a pistol along, you may have to have reciprocity with every state along the way. (Drive around Illinois)
As to what Sheriif dept issues the permit, I have heard that some Sheriffs willl not issue to non-residents unless thay own property (lease?) in the state. I have also heard a deputy sheriff in York County give out some improper information.
As to what Sheriif dept issues the permit, I have heard that some Sheriffs willl not issue to non-residents unless thay own property (lease?) in the state. I have also heard a deputy sheriff in York County give out some improper information.
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Wrong!!! You do NOT need a LTC or SP to transport an unloaded handgun to or from a place where you will be hunting. Read and re-read the law!zimmerstutzen said:
Steve is correct AND, contrary to another reply above, you do need a permit to hunt with a handgun. Either a sportsman permit usually issued by a county Treasurer and good for anywhere in the state, or a CCW, more often known here as a protection permit, which I'm not sure a non-resident can get. He can go to any treasurer and get the sportsman permit. He will need his hunting license as they will put the number on the permit. He can get it for a five year period I think. If he doesn't have his license yet, he can get it all right at the county treasurer's office.
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Is that permit a permit to possess or a permit to carry? A possession permit will not suffice for in-vehicle carry or carrying concealed. If its a carry permit it will cover him while in the vehicle when not going to/from his place of abode and place of hunting. Also, if its a carry permit he can apply for a nonresident LTCF. Centre Co. is pretty good at issuing to nonresidents and has a fast turn-around time.
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You only need a sportsman's permit to carry the firearm concealed while hunting, fishing, trapping or dog training. You can still open carry while doing those sporting activities without a LTCF, a Sportsmans License or a reciprocal license.
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Open Carry is legal in Pennsylvania, loaded or not... You may not open carry in a vehicle (pistol must be in a case and ammo in a seperate place) if you do not have your LTCF.
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But you must be under one of the exemptions in 6106 like going to/from place of abode, work, gunsmith, sporting activity, moving to/from residence and vacation home, etc to do so without a license/reciprocal permit. You just cant drive around with a loaded or unloaded pistol, SBS, or SBR and not have a license. That includes OC'n at a destination after getting out of vehicle if the destination isn't one of the exempted locations/activities.Falcon Four said:
There might be a problem with getting a CCW permit for a New york resident. I just went and got the PA reciprocal agreement list. The link is at:
http://www.huntingpa.com/forums/ubbthreads.php?ubb=showflat&Number=727211#Post727211
New York does not have any agreement.
At the end of the document are the contact numbers for each state. Call and ask.
If PA will issue, ask about time lines. Do not assume you will apply and walk out with the permit.
http://www.huntingpa.com/forums/ubbthreads.php?ubb=showflat&Number=727211#Post727211
New York does not have any agreement.
At the end of the document are the contact numbers for each state. Call and ask.
If PA will issue, ask about time lines. Do not assume you will apply and walk out with the permit.
Well dug a bit deeper. A sportsmens permit is the way to go.
The following was copied from the PA State Police on Pistols and Carrying:
http://www.psp.state.pa.us/psp/cwp/browse.asp?A=15&BMDRN=2000&BCOB=0&C=70426
Here are the relevant passages:
Are there exceptions to carrying a firearm without a Pennsylvania License to Carry?
9) Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing or are going to the places where they desire to hunt, take furbearers or fish or returning from such places.
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).
(Note that before an exception would be granted under numbers 9 and 10, the person must obtain a valid Sportsman’s Firearm Permit from the county treasurer.)[/b]
Who can apply for a Sportsman’s Firearm Permit?
An individual who is age 18 or older and is licensed to hunt, trap or fish, or who has been issued a permit relating to hunting dogs, may apply for a Sportsman's Firearm Permit by submitting a completed application along with the required fee to the county treasurer's office. The 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 issuances of a Sportsman’s Firearm Permit allows the individual to carry a firearm if such persons are actually hunting, taking furbearers, fishing or training dogs, or are going to the places where they desire to hunt, take furbearers, fish, or train dogs during the regular training season, or returning from such places. A Sportsman's Firearm Permit is NOT a License to Carry a firearm concealed.
The following was copied from the PA State Police on Pistols and Carrying:
http://www.psp.state.pa.us/psp/cwp/browse.asp?A=15&BMDRN=2000&BCOB=0&C=70426
Here are the relevant passages:
Are there exceptions to carrying a firearm without a Pennsylvania License to Carry?
9) Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing or are going to the places where they desire to hunt, take furbearers or fish or returning from such places.
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).
(Note that before an exception would be granted under numbers 9 and 10, the person must obtain a valid Sportsman’s Firearm Permit from the county treasurer.)[/b]
Who can apply for a Sportsman’s Firearm Permit?
An individual who is age 18 or older and is licensed to hunt, trap or fish, or who has been issued a permit relating to hunting dogs, may apply for a Sportsman's Firearm Permit by submitting a completed application along with the required fee to the county treasurer's office. The 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 issuances of a Sportsman’s Firearm Permit allows the individual to carry a firearm if such persons are actually hunting, taking furbearers, fishing or training dogs, or are going to the places where they desire to hunt, take furbearers, fish, or train dogs during the regular training season, or returning from such places. A Sportsman's Firearm Permit is NOT a License to Carry a firearm concealed.
As for the question on interstate transport:
http://www4.law.cornell.edu/uscode/18/usc_sec_18_00000926---A000-.html
TITLE 18 > PART I > CHAPTER 44 > § 926A
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§ 926A. Interstate transportation of firearms
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Updates to this section of the United States Code
Title 18 > Part I > Chapter 44 > Section 926A
§ 926A. Interstate transportation of firearms
Title 18 of the US Code as currently published by the US Government reflects the laws passed by Congress as of Jan. 3, 2007.
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
http://www4.law.cornell.edu/uscode/18/usc_sec_18_00000926---A000-.html
TITLE 18 > PART I > CHAPTER 44 > § 926A
Prev | Next
§ 926A. Interstate transportation of firearms
How Current is This?
Updates to this section of the United States Code
Title 18 > Part I > Chapter 44 > Section 926A
§ 926A. Interstate transportation of firearms
Title 18 of the US Code as currently published by the US Government reflects the laws passed by Congress as of Jan. 3, 2007.
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
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Fed law says "to any other place where he may lawfully possess and carry such firearm" Seems the operative word are "possess and carry" Pa has a mixed law. It is legal to carry with out a permit if carried openly and not in a vehicle, except in Phila, or on public roads of property during a Public emergency. It still has to be legal to possess and carry it at the place of destination. Pa requires a permit to transport the pistol under many situations, even to travel to your hunting spot in a vehicle. So for a guy going to Wyoming, it would depend on whether he can legally possess and carry the pistol there. If not, the fed law provides no protection in traveling interstate.
gentleben, I realize what the digest says. The digest also says in the beginning somewhere that it is not the law. The firearms permit sections are found in title 18, the crimes code. permits are required only to transport in a vehicle or to carry the arm concealed, with certain exceptions, like going to or from the gun shop or range. If you are not in a vehicle and the firearm is not concealed, the crimes code requires no permit. ie open carry, which is legal outside of phila. There are other strange exceptions to the law, such as concealed carrying at your place of business. If I own a 400 acre tree farm, that's my place of business, and no permit is needed anywhere on the business property. But If I stray even a few feet over the property line, a permit is needed if the gun is concealed. Antique firearms, such as flintlock or percussion pistols may be transported in a vehicle, but not carried concealed without a permit. Again, open carry of a flint lock pistol is not prohibited, by the statute. See title 18 sections 6101 to 6108 of the crimes code. Especially section 6106 (a)(1)
gentleben, I realize what the digest says. The digest also says in the beginning somewhere that it is not the law. The firearms permit sections are found in title 18, the crimes code. permits are required only to transport in a vehicle or to carry the arm concealed, with certain exceptions, like going to or from the gun shop or range. If you are not in a vehicle and the firearm is not concealed, the crimes code requires no permit. ie open carry, which is legal outside of phila. There are other strange exceptions to the law, such as concealed carrying at your place of business. If I own a 400 acre tree farm, that's my place of business, and no permit is needed anywhere on the business property. But If I stray even a few feet over the property line, a permit is needed if the gun is concealed. Antique firearms, such as flintlock or percussion pistols may be transported in a vehicle, but not carried concealed without a permit. Again, open carry of a flint lock pistol is not prohibited, by the statute. See title 18 sections 6101 to 6108 of the crimes code. Especially section 6106 (a)(1)
As Gentleben indicated your Dad can get the Sportsman’s permit from a county treasurer.GreenInPA said:
As knight0334 indicated your Dad can get a LTCF through the Centre County Sheriff’s office through the mail see: Link
Since your Dad has a pistol permit for NY he would be eligible for a non-resident PA LTCF.
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If you have a LTCF in Pa, go to http://www.carryconcealed.net and you can plan your trip according to reciprocal agreements with other states.......
John
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