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| Open Carry Issues & Discussions Discussion regarding open carry in those States where it is legal to do so. This is not a place to debate the virtues of open vs concealed carry. |
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#11 |
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New Member
![]() Join Date: Jul 2009
Location: Dallas, Pennsylvania, United States
Posts: 1
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Open Carry in Pennsylvania
The locations in Pennsylvania where concealed carry is legal, but open carry is illegal will somewhat depend on whether you have a Pennsylvania license to carry a firearm.
In Pennsylvania state parks, 17 Pa. Code § 11.215 prohibits all general carry of firearms (outside of the stated exceptions), but effectively since December 16, 2008, House Bill 1845 amended 18 Pa.C.S. § 6109 by adding ¶ (m.2), which specifically allows law enforcement officers and “licensees” to carry concealed despite any other restrictions. While within a Gun Free School Zone (within 1000 feet of a school), you are not allowed to possess a firearm unless you have a Pennsylvania license to carry a firearm. [18 USC § 922 (q)] Since you have a “CCW” (Pennsylvania license to carry a firearm), this does not affect you. While within a city of the first class, which Philadelphia is the only one in Pennsylvania, you are not allowed to possess a firearm unless you have a Pennsylvania license to carry a firearm or a reciprocal license. [18 Pa.C.S. § 6108] Since you have a “CCW” (Pennsylvania license to carry a firearm), this does not affect you. During and within the location of a declared state of emergency, you are not allowed to possess a firearm unless you have a Pennsylvania license to carry a firearm or a reciprocal license [18 Pa.C.S. § 6107]. Since you have a “CCW” (Pennsylvania license to carry a firearm), this does not affect you. Persons openly carrying a firearm generally cannot get into a vehicle unless they possess a Pennsylvania license to carry a firearm or a carry license from any other state. [18 Pa.C.S. § 6106] There are exceptions to having a carry license for carry in a vehicle for trips in between your home or business and the place of purchase, place of repair, target ranges, etc., but all these specific exceptions require the firearm to be unloaded. It is debatable whether motorcycles and bicycles constitute being “in” a vehicle for legal purposes as no empirical data to prove one way or another has been found so far. Fortunately, again, you have a “CCW” (Pennsylvania license to carry a firearm) so this does not affect you. The other locations that prohibit open carry also prohibit concealed carry, regardless of whether you have a license to carry a firearm, so firearms are just generally prohibited in these locations:
You will likely not end up talking to the police on a daily basis, but you may end up with a few encounters per year. Police officers in Pennsylvania have begun being specifically trained on the legality of open carry since the MPOETC 2009 Mandatory In-Service Training was started, and this training specifically informs them that open carry is generally lawful and does not provide, in and of itself, grounds to stop citizens for investigative questioning. Hopefully, these incidents will gradually decline to the point where they are negligible. |
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#12 | |
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Member
![]() Join Date: Mar 2009
Location: Bensalem, PA
Posts: 114
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Quote:
Most informative, Thanks! ![]() ![]() ![]()
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Guns don't kill people. Gaping wounds in vital organs do. ============ NRA Life Member DPMS AP-4 (.223 AND .308) / DPMS LR-308L Colt M1911A1 / H&K USP45 |
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#13 |
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Assistant Administrator
![]() Join Date: Dec 2004
Location: Off Of The X
Posts: 23,490
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Great posting by JCWohlschlag
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#14 |
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Senior Member
![]() Join Date: Feb 2007
Location: PA
Posts: 1,116
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You might want to check out this site. Pennsylvania Open Carry Gun Laws, Information, Fliers and Forum - paopencarry.org
There is a printable flier that outlines much of PA's carry and gun laws. It's for CC/OC, very informative and helpful.
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"In a republic this rule ought to be observed: that the majority should not have the predominant power." - -- Marcus Tullius Cicero |
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#15 | |
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Senior Member
![]() Join Date: Dec 2004
Location: Pennsylvania
Posts: 832
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Quote:
![]() As previously stated - OC is perfectly legal with a few exceptions. Is it always appropriate? NO Will you ever be confronted by the Police because of it? Probably Does it offer any advantages? You might deploy your weapon slightly faster than if it were concealed. I live in a small PA town - rural county. Without a doubt there is probably a gun of some kind in 75% of the residences. MANY people carry concealed. BUT I HAVE NEVER SEEN SOMEONE HERE OPEN CARRY. ( Not counting hunting , range/private land, inside home or business ) I like to blend in. ![]() YMMV ![]()
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------- -SIG , it's What's for Dinner- know your rights! http://www.handgunlaw.us "If I walk in the woods, I feel much more comfortable carrying a gun. What if you meet a bear in the woods that's going to attack you? You shoot it." {Bernhard Goetz} |
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#16 |
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Member
![]() Join Date: Sep 2008
Location: Jamestown NY
Posts: 28
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is it bad I live literally 5 mins from the PA Line here in NY, have my PA permit and didnt find out OC is legal in PA till like 2 weeks ago. im shamed
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#17 | |
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Member
![]() Join Date: May 2008
Location: brunswick
Posts: 473
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Quote:
have you checked out PA Open Carry |
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#18 |
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Senior Member
![]() Join Date: Mar 2008
Location: State of Guns and Religion
Posts: 835
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I live in south central PA and I have never seen anybody open carry. Aside from the soccer mom over in Lebanon, I never even seen it on the news. However, I'm thinking about trying it to gauge the reaction of the people. Someone once told me on here that if you don't exercise your rights, some pol will come along and assume it is not important to you and try to get rid of it. That has a certain amount of logic which I think is important.
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#19 |
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Senior Member
![]() Join Date: Feb 2007
Location: PA
Posts: 1,116
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I live in NW PA, just south of Erie. I've seen a few here and there OC but it is far from common. There are a fair number of PFOA forum members around here that do and report on that forum. They've held some OC dinners and have been on the local news. The press was fairly positive and I don't recall reading any real negative reports from them.
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"In a republic this rule ought to be observed: that the majority should not have the predominant power." - -- Marcus Tullius Cicero |
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#20 | |
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Member
![]() Join Date: Sep 2008
Location: Jamestown NY
Posts: 28
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Quote:
im about 30 mins east of erie. im gonna have to start spending more time on PFOA |
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