There is currently new legislation, HB 1668, which deals with the right to transport firearms without a license to carry firearms (LTCF). As many are aware, there are stark limitations on one’s ability to transport a firearm, pursuant to 18 PA.C.S. § 6106, when that individual does not have an LTCF, which I previously discussed here.
As I explained in my previous article, and the reason that I recommend everyone obtain an LTCF in PA, regardless of whether the individual plans on conceal carrying, is that the law only permits one, absent an LTCF, to transport the firearm, unloaded, between the place of purchase and his/her home, between place of repair and his/her home, between his/her business and his/her home, and a place of instruction/range and his/her home, as well as, a few other locations. Hence, if one were to go to the range, meet up with some friends, and then decide to go out to lunch, before heading home, that individual would be in violation of the law, since the law does not permit are deviations in the transport of the firearms.
HB 1668 seeks to change the current law and provide that an individual, who is not otherwise prohibited and who does not have a License to Carry Firearms, may transport a firearm within the Commonwealth, so long as, 1. the firearm is not loaded and 2. the firearm is not being transported for purposes prohibited under the laws of the Commonwealth. This language would permit someone, like in the above example, to go out to lunch with his/her friends, without violating the law. Representative Tim Krieger, who proposed this legislation, issued a memorandum to his House brethren, explaining this legislation and asking for their support. As Representive Krieger states, “The law is confusing and unnecessarily complex.”
As of October 24, 2011, there are currently 99 sponsors of this legislation. As there are 203 Representatives, if Representative Krieger can obtain 102 sponsors, it would result in more than the 50% majority requirement to enact the legislation. This is, of course, assuming that all sponsors will vote to enact the legislation and have not merely added their names as sponsors to watch the bill and make sure that they don’t miss the opportunity to vote against it.
Contact your Representatives, today, to make sure that they are in favor of this necessary legislation and ask them to sponsor it!
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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).
View all posts by Joshua Prince, Esq.
