Friday, February 04, 2011

False notions about gun laws in PA

I AM NOT A LAWYER - JUST SOMEONE WHO IS PASSIONATE ABOUT THE 2nd AMENDMENT!

1. "It is illegal to carry at a bar/while drinking."

False. PA has no laws on the books concerning carrying + alcohol. Some say that it is not wise to drink and carry, but if you're comfortable doing so, I say go for it. If you're the type of guy (or gal) who gets rowdy and belligerent while drinking, it might be a good idea to leave the gun at home.

2. "It is illegal to carry into a bank."

False. There are no federal or state laws that prohibit a person from carrying a firearm into a bank. However, banks (and other places of business) can prohibit firearms from their facilities. The worst they can do is ask you to leave. If you don't, you could be charged with trespassing. If they have giant a"NO GUN" sign on the front doors, you COULD be guilty of a trespassing the second you walk through the doors (this is currently a gray area legally).

3. "You have to conceal your gun once you get a license to carry firearms (LTCF)."

False. Concealed carry is one of the many "perks" that a LTCF grants you. It also allows you to do many other things such as carry a loaded firearm in a vehicle, carry during a state of emergency, have firearms loaned to you, etc. It is important to note that the only way you can legally transport a firearm WITHOUT a LTCF is if you are going to or from an exempted destination (range, gun shop, etc.) and if the firearm is UNLOADED. With a LTCF, you can go where ever you want and the firearm can be loaded. For long arms such as shotguns and rifles, you do not need a LTCF to transport them, regardless of your destination. But with or without a LTCF, they have to be unloaded.

Many people choose to "open carry," a mode of carry that does not require a LTCF (unless you're in Philadelphia). The reason you need a LTCF to open carry in Philadelphia is due to the Uniform Firearms Act found in the state's constitution. The UFA states that in a city of over 1 million residents (Philadelphia), a person needs to have a license to carry in any manner. It is important to note that Philadelphia (or any other city, township, or municipality) are not allowed to make their own laws regulating the carrying and ownership of firearms.

4. "You need a special license to carry in Philadelphia."

False. A license from ANY county is good through out the commonwealth. Again, because of the preemption offered by the Uniform Firearms Act in the state constitution, Philadelphia CANNOT make their own gun laws (even though they still try).

5. "You have to register your firearms."

False. There is no firearm registration in PA. The UFA states that any attempts at creating a registry are ILLEGAL. There is however a record of sales database that the state police often use as an illegal "registry." Unlike other states, hand guns cannot be sold between two private citizens without the buyer going through a background check. The seller will "transfer" the hand gun to a business or individual with a Federal Firearm License. The buyer will then have to pay a small fee to have the FFL dealer "transfer" the gun to the buyer after a background check. This usually takes 20-30 minutes. It is important to note that transfers between spouses and parents/children do NOT need to go through a FFL.

6. "If your shirt accidentally rides up while you're conceal carrying, you could be charged with brandishing."

False. There is no brandishing law in PA. You can go from concealed to open carry, to anywhere in between. Hell, you could even duct tape it to your forehead.

7. "It is illegal to carry at a college/university."

False. It may be against the student code of conduct, but it is not illegal. Be prepared to face the consequences (expulsion) if you are a student caught carrying on campus. Carrying at a K-12 school is another legally gray area. The UFA states that it is illegal to carry at a K-12 school, but individuals carrying for "any other lawful purpose" are exempt from the law. Isn't self defense considered a lawful purpose? If you're going to carry at a school, make sure you have a lot of money and a lawyer on speed dial.

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