Firearms Not to be Carried without a License

In Pennsylvania, pursuant to 18 PA.C.S. § 6106, no person may carry a firearm in a vehicle or concealed on his person without a License to Carry Firearms (LTCF). (See these blog postings on Concealed Carry and Open Carry in PA) If the individual is NOT eligible for a LTCF, a violation of § 6106 will result in a felony of the third degree. However, if the person is eligible for a LTCF, but has not acquired one, a violation of § 6106 will result in a a misdemeanor of the first degree.

However, certain people are excluded from the law (underlined ones are more common exclusions that are generally unknown):

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:

1. The state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109.

2. The Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.

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1 Comment

Filed under Firearms Law

One response to “Firearms Not to be Carried without a License

  1. Pingback: New Legislation – HB 1668 – The Right to Transport Firearms Without a License to Carry Firearms « Prince Law Offices, P.C.

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