READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania

[Archer4Life]

So for my application,carrying my handgun while bowhunting, I do not need any kind of permit to carry my pistol lawfully?

[emsjeep]

Can't carry in state and national parks, when hunting you cannot carry, to my understanding, anything but a revolver and your long gun/bow, with a valid hunting permit. I don't remember where I got that from, somewhere on here though...

[P-11 shooter]

Originally Posted by Archer4Life

So for my application,carrying my handgun while bowhunting, I do not need any kind of permit to carry my pistol lawfully?

If you have a valid LTCF you can carry your pistol while bowhuntng. You MAY NOT use it to dispach game.

[knight0334]

Originally Posted by Archer4Life

So for my application,carrying my handgun while bowhunting, I do not need any kind of permit to carry my pistol lawfully?

Game laws apply too when it comes to carrying while hunting. If you're gonna bow hunt, you will need a LTCF to have a gun with you.

[Pro2A]

What about daycare's? I keep getting fuzzy answers about this one. Also PA has another aspect of the "castle doctrine" law.

"Title 18, §507. Use of Force for the Protection of Property.

(a) Use of force justifiable for protection of property. —The use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary:

(1) to prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible movable property, if such land or movable property is, or is believed by the actor to be, in his possession or in the possession of another person for whose protection he acts"

[knight0334]

Originally Posted by Pro2A

What about daycare's? I keep getting fuzzy answers about this one. Also PA has another aspect of the "castle doctrine" law.

"Title 18, §507. Use of Force for the Protection of Property.

(a) Use of force justifiable for protection of property. —The use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary:

(1) to prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible movable property, if such land or movable property is, or is believed by the actor to be, in his possession or in the possession of another person for whose protection he acts"

What I saw about daycares was regulation, but I didn't look any further into it to see if it was a professional regulation(applying to those workers) or an overall regulation. ..Never had time to get back to look at it again.

With the part of §507 that you quoted, you have to note that is says "force", not "deadly force". There is a legal difference in PA. For deadly force to be justified, other factors have to be involved further down in the text of that law which in part is basic principals of Castle Doctrine.

[snoman]

"Before you ask, NO loaded long guns can be carried or transported in a vehicle - whether you are licensed or not."

Can you go into more detail on the legal definition of 'loaded'.

To my mind, 'loaded' means a round in the chamber. An empty chamber with a loaded (and seated) mag we called 'half-loaded'. Who knows what the government would define it as? Will the loaded magazine laying on the front seat of my car make the empty rifle in the trunk a loaded gun?

- Dave

[knight0334]

Originally Posted by snoman

"Before you ask, NO loaded long guns can be carried or transported in a vehicle - whether you are licensed or not."

Can you go into more detail on the legal definition of 'loaded'.

To my mind, 'loaded' means a round in the chamber. An empty chamber with a loaded (and seated) mag we called 'half-loaded'. Who knows what the government would define it as? Will the loaded magazine laying on the front seat of my car make the empty rifle in the trunk a loaded gun?

- Dave

The ammo cannot be in the gun in any form, whether it be in the chamber, in a nondetachable mag, in any of the chambers of a revolver, or in the case of a detachable magazine - if the mag is loaded, it cannot be inserted in the gun.

The ammo and the firearm must be in separate containers.


An empty rifle/shotgun in the trunk, and the ammo or loaded mags up front with you would be legal.

Just keep ammo separate, dont let the ammo/loaded mags touch the gun.


http://members.aol.com/StatutesP7/18PA6102.html

§ 6102. Definitions

"Loaded."
A firearm is loaded if the firing chamber, the nondetachable magazine or, in the case of a revolver, any of the chambers of the cylinder contain ammunition capable of being fired. In the case of a firearm which utilizes a detachable magazine, the term shall mean a magazine suitable for use in said firearm which magazine contains such ammunition and has been inserted in the firearm or is in the same container or, where the container has multiple compartments, the same compartment thereof as the firearm.

[snoman]

Thanks, Knight! I'm actually copying these laws, printing them out and carrying them with me!

[LittleRedToyota]

Originally Posted by knight0334

What I saw about daycares was regulation, but I didn't look any further into it to see if it was a professional regulation(applying to those workers) or an overall regulation. ..Never had time to get back to look at it again.

whatever it is considered...and to whomever it applies...it does not define carrying in a daycare center as a crime and does not prescribe any sort of penalty to the carrier for doing so.

further, the section of law (http://www.pacode.com/secure/data/05...ap3270toc.html) that discusses firearms in daycare centers, etc. has as its stated purpose:

§ 3270.2. Purpose.

The purpose of this chapter is to provide standards to aid in protecting the health, safety and rights of children and to reduce risks to children in child day care centers. This chapter identifies the minimum level of compliance necessary to obtain the Department’s certificate of compliance.

so, basically, this entire section of code is about whether or not the facility can get a certificate of compliance. and violations of it just mean the facility cannot get a certificate of compliance.

of interest is the fact that the courts seem to have decided that at least some facilities don't even need a certificate of compliance anyway...

Certificate of Compliance Not Required

Department of Public Welfare did not have authority under section of the Public Welfare Code to promulgate regulations that require a nonprofit religious day care center to obtain a Certificate of Compliance in order to operate. St. Elizabeth’s Child Care Center v. Department of Public Welfare, 895 A.2d 1280 (Pa. Cmwlth. 2006).

of course, from the standpoint of the carrier, there is the whole trespassing issue (which i personally think is a non-issue...as there is likely not a posted "notice against trespassing", but, as gunlawyer has pointed out, this issue has never really been resovled in court).