Places in PA that Individuals are Prohibited from Carrying at or in, even with a License to Carry Firearms

Posted on by Joshua Prince, Esq.

The question frequently arises as to where an individual with a valid License to Carry Firearms (LTCF) may not carry his/her firearm. For purposes of this article, I will focus strictly on State law places and not the federal place that are prohibited.

1. Court Facilities – Pursuant to 18 Pa.C.S. 913 and individual may not carry a firearm in a court facility. A court facility is defined as “The courtroom of a court of record; a courtroom of a community court; the courtroom of a magisterial district judge; a courtroom of the Philadelphia Municipal Court; a courtroom of the Pittsburgh Magistrates Court; a courtroom of the Traffic Court of Philadelphia; judge’s chambers; witness rooms; jury deliberation rooms; attorney conference rooms; prisoner holding cells; offices of court clerks, the district attorney, the sheriff and probation and parole officers; and any adjoining corridors.” However, if conspicuous notice of this prohibition is not placed at the entrance of the court facility or the person does not have actual knowledge of the prohibition, that person cannot be charged with violating the law. Lastly, all court facilities must make lockers available for the checking of firearms and other dangerous items.

2. Casinos – Pursuant to Title 58 of the Pennsylvania Code, Part I, Chapter 44, Subsection 465a.13, an individual is prohibited from carrying a deadly weapon (firearm), stun gun, or other device designed to injure or incapacitate a person, within a licensed facility. However, the Code does provide that you can submit a written request to the Board for permission to carry deadly weapons. UPDATE: Attorney General Kathleen Kane issued an opinion that the Gaming Control Board’s regulation of firearms was preempted. See – https://blog.princelaw.com/2014/09/14/attorney-general-kanes-opinion-on-commonwealth-agencies-regulating-possession-of-firearms/

3. Elementary and Secondary School (both public and private) – Pursuant to 18 Pa.C.S. 912, an individual is prohibited from carrying on schools grounds and in school buildings. However, there is a defense to prosecution under this section of, “It shall be a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose.” Unfortunately, “other lawful purpose” is not defined and the courts have not weighed in on whether a valid LTCF is a lawful purpose. UPDATE: The Superior Court, en banc, acknowledged that an individual in entitled to the defense, where the individual lawfully possesses a lawful weapon for a lawful purpose (i.e. not an unlawful purpose). See – https://blog.princelaw.com/2017/02/16/the-goslin-decisions-impact-on-possessing-weapons-on-school-property/

4. Detention Facilities, Correctional Institutes, or Mental Hospitals – Pursuant to 18 Pa.C.S. 5122 and 61 Pa.C.S. 5902,  an individual cannot bring a weapon into a Detention Facility, Correctional Institute, or Mental Hospital.

5. Private Property – Pursuant to 18 Pa.C.S. 3503, where the individual is notified, either orally or in writing, that he/she is not permitted on the property with a firearm.

6. Certain Department of State Buildings – See, 49 Pa. Code 61.3.

7. Loaded Long Gun in a Vehicle – Pursuant to 18 Pa.C.S. 6106.1, it is unlawful to carry a loaded shotgun or rifle in one’s vehicle.

8. Veteran Affairs (VA) Facilities – Pursuant to 38 C.F.R. 1.218, it is unlawful to carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, except for official purposes. This would also seemingly apply to National Cemeteries run by the VA. See, http://www.cem.va.gov, for a listing.

Published by Joshua Prince, Esq.

With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon. I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with: - License to Carry Firearms Denials; - Challenges to Erroneous PICS Denials; - Relief from Firearms Disabilities; - Estate Planning Advice; - Gun/NFA Trusts; and - 42 USC 1983 Actions for Deprivation of Civil Rights At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding: - ATF Compliance Inspections; - Warning Letters and Hearings; - FFL Revocations; - Corporate Structure Advice - Indoor/Outdoor Range Implementation; and - Forfeiture Proceedings In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI). While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2. You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth. Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).

4 thoughts on “Places in PA that Individuals are Prohibited from Carrying at or in, even with a License to Carry Firearms”

  1. This is not the America that I served that one person can post a sign on a property,that he wants me to come in,to make money off of me to restrict me from protecting me or my family.

    Like

    Reply

  2. I must disagree sir. No individual’s rights should supersede another individual’s rights. The bases of all crime is the denial of an individual’s rights by another entity. Under your premise, your right to carry would trump an individual’s private property rights. A store is private property, you have the choice to conduct business with that entity or go elsewhere.

    Like

    Reply

    1. A store is not exactly the same as private property unless it is perhaps a sole proprietorship or partnership. It must be accessible and offer it’s services to all. Just ask the bakers in Colorado who didn’t want to do a cake for a same-sex wedding.

      Tennessee just did a brilliant thing this past week: If you are restricted from carrying a weapon on someone’s property, the property owner is liable for damages for injuries you receive on said property as a result of you not being able to protect yourself.

      Like

      Reply

Leave a comment