Text/Post going around Facebook claiming it is illegal to carry a firearm while wearing a mask
As I explained to Reporter Elias Atienza, “while each state’s laws are different, in Pennsylvania, there is no law criminalizing the wearing of a mask, while lawfully carrying a firearm.” I further explained that the citation is not to a real law in PA. In Pennsylvania, our Crimes Code is found in Title 18; thus, citations to criminal statutes would generally be in the form of 18 Pa.C.S. § <insert section number>. Pa stands for Pennsylvania and C.S. stands for Consolidated Statutes. While an individual *might* refer to just the section number and assume that the person reading it would know that it comes from Title 18, a review of Title 18 yields that it neither has a section 34 nor 34-9, as Title 18 actually starts at 18 Pa.C.S. § 101. As the article also declares, “Pennsylvania State Police Communications Director Ryan Tarkowski confirmed to the Reporter Atienza that the post’s claim was ‘false’.”
Thus, the citation in the FB post is either wholly made up or comes from a different state that has such a statutory section.
If you or someone you know has had their rights violated by a Government agency or have issues relating to the carrying of a firearm while wearing a mask, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.
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.
5 thoughts on “It Is Not Illegal in Pennsylvania to Wear a Mask While Carrying a Firearm”
does this create another legal challenge to mandated mask wearing under 2a / 14 a..?
Why is it that handgun registration exists in PA, contrary to state law? (PA CS 6111.4). I heard it was challenged and PA supreme court upheld the registration. This needs to be challenged again. Handgun registration, and the database that the state police maintains is clearly a violation of our 2A rights, PA constitution, and of state law. What can be done about this infringement? Thank you for all you do.
The Pennsylvania Title 18 Section 907 (d)(1) Anything specially made or specially adapted for criminal use.
(2) Anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have.
The State can easily interpret that a mask could be made specifically or adapted for criminal use. As law enforcement are not obligated to know the laws which they enforce, they can make any decision they want at a time of detainment or arrest. Regardless of the validity of a charge or even lawfulness, it is a decision made by the DA on prosecuting and they certainly can embellish this interpretation.
The state will need to get a Judge to buy that the mask the state just mandated us all to wear is in fact ” criminal tooling”… this might present a challenge, especially if the judge is compling with the mandate..
Prince Law Offices Blog 
does this create another legal challenge to mandated mask wearing under 2a / 14 a..?
For states that have such a prohibition that is …
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Any thoughts on the new mask mandate that came out today? Would love to hear your take
LikeLiked by 1 person
Why is it that handgun registration exists in PA, contrary to state law? (PA CS 6111.4). I heard it was challenged and PA supreme court upheld the registration. This needs to be challenged again. Handgun registration, and the database that the state police maintains is clearly a violation of our 2A rights, PA constitution, and of state law. What can be done about this infringement? Thank you for all you do.
LikeLiked by 1 person
The Pennsylvania Title 18 Section 907 (d)(1) Anything specially made or specially adapted for criminal use.
(2) Anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have.
The State can easily interpret that a mask could be made specifically or adapted for criminal use. As law enforcement are not obligated to know the laws which they enforce, they can make any decision they want at a time of detainment or arrest. Regardless of the validity of a charge or even lawfulness, it is a decision made by the DA on prosecuting and they certainly can embellish this interpretation.
LikeLiked by 1 person
The state will need to get a Judge to buy that the mask the state just mandated us all to wear is in fact ” criminal tooling”… this might present a challenge, especially if the judge is compling with the mandate..
LikeLiked by 1 person