Carrying without a license, New Sentencing Rules

[MHellrazor83]

My carry permit was wrongfully revocted for leaving the firearm locked in the trunk of my car while I walked to talk to the police who were on the my girls house. i wasn't going to walk up to cops with a loaded gun with no holster. I just bought the gun maybe two weeks prior. I just came from the gun range and left the gun in my gun bag.

[WhiteFeather]

This bill is very similar to SB 1171.

http://www.legis.state.pa.us/cfdocs/...type=B&BN=1171

SENATE BILL
No. 1171 Session of 2007


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INTRODUCED BY FUMO, TARTAGLIONE, STACK, KITCHEN, A. WILLIAMS,
HUGHES AND WASHINGTON, NOVEMBER 27, 2007


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REFERRED TO JUDICIARY, NOVEMBER 27, 2007


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AN ACT

1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the offense of
3 carrying a firearm without a license.

4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6106(a) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 6106. Firearms not to be carried without a license.
9 (a) Offense defined.--
10 (1) Except as provided in paragraph (2), any person who
11 carries a firearm in any vehicle or any person who carries a
12 firearm concealed on or about his person, except in his place
13 of abode or fixed place of business, without a valid and
14 lawfully issued license under this chapter commits a felony
15 of the third degree[.]and shall, upon conviction, serve a
16 mandatory minimum one-year sentence.
17 (2) A person who is otherwise eligible to possess a
18 valid license under this chapter but carries a firearm in any


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1 vehicle or any person who carries a firearm concealed on or
2 about his person, except in his place of abode or fixed place
3 of business, without a valid and lawfully issued license and
4 has not committed any other criminal violation commits a
5 misdemeanor of the first degree[.]and shall, upon conviction,
6 serve a mandatory minimum one-year sentence.
7 * * *
8 Section 2. This act shall take effect in 60 days.

[MrUgly]

Originally Posted by MHellrazor83

My carry permit was wrongfully revocted for leaving the firearm locked in the trunk of my car while I walked to talk to the police who were on the my girls house. i wasn't going to walk up to cops with a loaded gun with no holster. I just bought the gun maybe two weeks prior. I just came from the gun range and left the gun in my gun bag.

Wrongfully revoked or not, it was taken from you. So assuming that you have a notarized note from Ed Rendell saying you will get it back, you *DID NOT* have one when you were stopped. The State pulled your license. I won't go into whether it was right or wrong, but they did. So in the eyes of the law, you were wrong.

The hazy area as I understand it is if you have a valid LtCF and it's at home in your other pants, or somewhere you aren't. This was not your situation as you describe it. Looking at both threads, here is the time line I see:

Prior to June 2006 = You get a valid PA LtCF YAY you!
June 6th, 2006 = You are arrested for making Terroristic Threats, the charges are later dropped or you are found innocent.
Mid-Late June 2006 = County Sheriff revokes your LtCF,
July 2006 - December 2007 = You do not file an appeal to have your LtCF restored, nor do you apply for a permit after one year.
Dec. 30, 2007 = You are stopped by police investigating report of a crime. They search you and find a concealed handgun. You do not have a valid PA LtCF at this time.

Operating under the assumption you do not have a CCP for any state that PA has reciprocity with, I stand by my assertion that you were illegally carrying a firearm. I'm not saying you were wrong, I'm saying it was illegal. Right and wrong have very little in common with the law at times.

Go find a lawyer.

Going to cross-post this in your other thread.

[Archiver]

Originally Posted by phillychoppin

I'm thinking that having a LTCF and having it on you are 2 different things, no? I mean that I think this law pertains to people who do not have a LTCF. I can't imagine that not having it with you would be the same as not having it.

Or maybe I'm naive?

PC

When I lived in Northampton County the sheriff's office TOLD me that Even if it was lost/stolen or even stolen by a Police officer I still had RIGHT to carry since the Sheriff considered my having one even if not on my person! (I also carry a duplicate with in car just in case)


Naive? Most citizens are...its really not up to YOU or the LAW anyway. It comes down to whether or not an OFFICER or his/her chief is pro-citizen carry. If you left it home will they arrest you or just verify it? Are they well versed in the LAW or will they throw you in jail and wait for arraignment? Is the judge an anti? Does he legislate from bench? You very easily could find yourself charged with illegal possession of firearm, in county jail awaiting your preliminary hearing for WEEKS! Who will pay your legal bills? Cops who wrongly arrested you? NOPE! They were merely acting on the side of caution...to heck with your civil rights!
Thats why police NEED to be held personally criminaly and civilly liable for their MISTAKES...unintentional or not!