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

[knight0334]

It is often asked where is it legal or illegal to carry in PA. Below is a guide to where and how you can lawfully carry.

Off-limits places in PA and what makes them off-limits:
1. Court Facilities - PA Title 18, Chapter 9, Subsection 913
2a.*Grounds and buildings of Elementary and Secondary schools(K-12 grades), whether the school is private or public - PA Title 18, Chapter 9, Subsection 912
2b. Within 1000ft of a school unless you have a license/permit issued by the state in which the school is located - US Title 18, Part I, Chapter 44, Subsection 922(q)
3. State Parks and other reserves maintained by the PA DCNR - by regulation 17 PA. CODE, PART I, Subpart B, Subsection 11.215
4. Casinos - by regulation Title 18, Part VII, Chapter 465, Subsection 465a.13
5. Certain Department of State buildings - by regulation (READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania)
6. Places off-limits by Federal Law or regulation, IE: military installations(exceptions for hunting at some bases), Federal Government buildings, National Parks and other historic sights, after the security check point in airports.
7. Any private property where a landowner, tenant or person so authorized to maintain property has asked you to leave because you are carrying - Title 18, Chapter 35, Subsection 3503

If your situation is not one of the above, then you are LEGAL.

Off-limits places apply just the same for open as they do concealed.

*Colleges are not prohibited by law, however the college could levy their own infractions like expelling the person or other civil punishments.

Adobe Acrobat Reader

===============

Private Properties, land owner and tenant rights prevail above all:
1. If the land/facility isn't owned by a municipality, township, county, state or fed government - then it is private property. In fact, even many properties maintained by a municipality of any level in PA is still private property - but the municipality has a lease or right-of-way. Most parcels are surveyed from the center of the road in front of your land - yes, if asked you can rightfully reply that you do own the road.
2. Malls, stores, movie theaters, restaurants, bars, etc are private property - they may ask you to leave if you are carrying a firearm, or the may ask you to leave if you aren't carrying a gun, they may ask you to leave because you weren't wearing a pink tutu with a tactical thigh holster, they may ask you to leave for ANY reason and you must comply.
3. Just because persons may come and go in a place as they please, doesn't make it "public" property. What makes property "public" or "private" is whether the land/real-estate is owned by an individual/company/corporation(private) or by the people as a whole(public).
4. Unless you have an Allodial Title, you do not own your land - you lease it from the government by means of property taxes and hold rights by "Color of Deed".
5. To sum things up, your land is actually public property that is leased by means of taxes in the Fee Simple/Feudal Title system allowing you to claim it as private(Color of Deed). The government then requires right-of-ways from you for roads or other easements.

===============

Open carry:
If you can own a firearm, you may lawfully openly carry it on foot without a license. Except in a City of the First Class(1 million residents), you are required to have a license. Philly is the ONLY First Class city in PA, the next largest city, Pittsburgh, is about 550,000 residents away from being one.

===============

Ages to purchase or own a firearm:

Handguns, Pistols, Revolvers:
1. 21 to buy one from a FFL
2a. 18 if given or purchasing one from a spouse, parent or grandparent. No paperwork necessary
2b. 18 if given or purchasing from any other person who lawfully owns the handgun, BUT it must be transfered through a SHERIFF. FFL's can only use the instant background check for firearms that they have listed in their bound books - and for you to receive it from the FFL you must be 21. Since Sheriffs aren't required to do such - they may use the instant check required by PA law to do the transfer.**

Rifles and Shotguns:
1. 18 to buy from a FFL.


**See ATF Open Letter Below:
http://www.atf.gov/firearms/122905pe...openletter.pdf

==================

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

==================

Castle Doctrine and Stand Your Ground in PA:

Castle Doctrine - one's home(and place of work in PA): PA does have probably 90% of full blown Castle Doctrine as coded statute, and practices it in common law. You have no duty to retreat from your home or place of work, unless you were the aggressor and/or the other person has a lawful right to be there as well. The only thing that PA lacks with true "Castle Doctrine" is the assumption that the person unlawfully entering your home is doing so to do harm. You must believe that you are at immediate risk of serious bodily injury, death, rape or kidnapping before using deadly force. However, there is a provision under the Protection of Property section of law to stop unlawful entries if a felony is committed within a dwelling. And also a PA Supreme Court ruling stating deadly force may be used if all attempts to effect an arrest for a forcible type felony(Kopko v. Miller).

Stand Your Ground - anywhere else in PA: PA lacks this type of provision allowing you to meet force with force anywhere. However, PA does grant one's place of work as a extension to the Castle Doctrine. Any place else you must retreat if you can do so "in complete safety" before using force. If you cannot retreat with complete safety, or are faced with immediate deadly force, risk of serious bodily injury, rape, or kidnapping - you may use deadly force to protect yourself.

Protection of Others: You may use force to protect another if they are in the same situation as you would be required to be in before using deadly force as described in the Stand Your Ground section above. Sort of a "in their shoes" type provision.

Civil Liabilities: This is usually added on with "Stand Your Ground" provisions. PA lacks such protections in our laws and you may face civil lawsuits even if the use of force is justified.

[JayBell]

add updates or corrections in this thread, and FAQ will be updated as necessary.

be SURE of your info before posting, do NOT use this thread as a "ask about more places I can carry."

[Pa. Patriot]

4. Casinos - by regulation

I'm ignorant of this one. Can you cite this please.

[JayBell]

http://www.pafoa.org/forum/concealed...html#post22666 (FYI - Carrying in casinos)

[Pa. Patriot]

Originally Posted by JayBell

http://www.pafoa.org/forum/concealed...html#post22666 (FYI - Carrying in casinos)

Ah, thank you. I could not find it because it is not in the statute (law).
As I suspected it is a private property issue not a "gun law"

[DeltaII5]

4 and 5?

This should be a thread on laws, not regulations. That should be listed with the "private property owners" as those are just regulations and not laws.

ETA:

Cars in the state park is ok.

[Pa. Patriot]

I was thinking along those lines too, Delta.

I DO like that the private property issue is addressed. I was thinking of putting some info like that in the flyer but there was not enough room. It should be common knowledge, since it is not gun specific, but I've seen a lot of Q's regarding private property.

How about this.

Post the restrictions per statute.

Then, below the private property explaination post a list of known private properties restricting firearms.
Casino regulations,
Red Lobster Corp. policy,
etc
etc

[knight0334]

I put the private property info in because of the confusion between private and public lands, also because of questioning about signs and trespass issues.

Most of us here know the laws, however there are plenty of new-comers that don't.

Property laws in regards to off-limits, sign warnings and verbal warnings are closely related to the subject matter of this site.

Amendments and corrections to my original post are encouraged. Having a quick FAQ for new-comers to read before posting may save us from having to respond with the same answer time after time.

[Pa. Patriot]

Originally Posted by knight0334

Property laws in regards to off-limits, sign warnings and verbal warnings are closely related to the subject matter of this site.

Yes, of course. And I agree.

My suggestion is that the statutory restrictions and PP issues be separated in how they are listed, not intertwined.

[JayBell]

actually, just set it up like it is, noting whats LAW, whats REGULATION and whats Property Rights should be sufficient.

we dont need a list of known corporations that restrict carry, really, just the knowledge that they CAN restrict carry.

it's the carriers job to determine which private businesses do this, IMO.