Articles Posted in Pennsylvania – Gun Trust Lawyer

Pennsylvania: Right to Bear Arms
The citizens of Pennsylvania have a constitutional right to bear arms.  It is found in Article I; Section 21: Right to Bear Arms and states:

“The Right of the citizens to bear arms in defense of themselves and the State shall not be questioned”

    18 PA.C.S. § 6102 deals with defining terms used in the PA Uniform Firearms Act of 1995 (PA UFA). It should be noted that this section is not all inclusive and that particular provisions may have their own definitions.
    “The following words and phrases, when used in this sub-chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:” (18 PA.C.S. § 6102).

1.    “COMMISSIONER.” The Commissioner of the Pennsylvania State Police.
2.    “COMMONWEALTH PHOTO IMAGING NETWORK.” The computer network administered by the Commonwealth and used to record and store digital photographs of an individual’s face and any scars, marks, tattoos or other unique features of the individual.
3.    “CONVICTION.” A conviction, a finding of guilty or the entering of a plea of guilty or nolo contendere, whether or not judgment of sentence has been imposed, as determined by the law of the jurisdiction in which the prosecution was held. The term does not include a conviction which has been expunged or overturned or for which an individual has been pardoned unless the pardon expressly provides that the individual may not possess or transport firearms.
4.    “COUNTY TREASURER.” The county treasurer or, in home rule or optional plan counties, the person whose duties encompass those of a county treasurer.
5.    “CRIME PUNISHABLE BY IMPRISONMENT EXCEEDING ONE YEAR.”
        a. The term does not include any of the following:
1.    Federal or State offenses pertaining to antitrust, unfair trade practices, restraint on trade or regulation of business.
2.    State offenses classified as misdemeanors and punishable by a term of imprisonment not to exceed two years”
6.    “FIREARM.” Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.
7.    “FUND.” The Firearm Ownership Fund established in section 6111.3 (relating to Firearm Ownership Fund).
8.    “LAW ENFORCEMENT OFFICER.” Any person employed by any police department or organization of the Commonwealth or political subdivision thereof who is empowered to effect an arrest with or without warrant and who is authorized to carry a firearm in the performance of that person’s duties.
9.    “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.
10.    “PENNSYLVANIA SHERIFFS’ ASSOCIATION.” The State association of sheriffs authorized by the act of June 14, 1923 (P.L. 774, No. 305), entitled “An act authorizing the sheriffs of the several counties of this Commonwealth to organize themselves into a State Association, for the purpose of holding annual meetings, to secure more uniformity and cooperation in the conduct of their offices, and providing for the payment of certain expenses in connection with such meetings by the various counties.”
11.    “SAFEKEEPING PERMIT.” As defined in 23 PA.C.S. § 6102 (relating to definitions).
12.    “SHERIFF.”
    a. Except as provided in paragraph (b), the sheriff of the county.
    b. In a city of the first class, the chief or head of the police department.
13.    “STATE.” When used in reference to different parts of the United States, includes the District of Columbia, the Commonwealth of Puerto Rico and territories and possessions of the United States.

Depending on the type of firearm, either long gun or handgun, the laws regarding transportation differ. (18 PA.C.S. § 6106).

A long gun includes rifles, shotguns, and may include NFA firearms, depending on whether the barrel and overall length classifies it as a long rifle or handgun. All long guns must be unloaded, prior to transport; meaning that the chamber must be clear and all magazines removed.  Ammunition must be stored in a separate container and cannot be loaded in the magazines.

A handgun must also be unloaded, prior to transport, unless the individual possesses a valid PA License to Carry Firearms (LTCF) or other similar license issued by another state, which PA honors. For more information see the article on Pennsylvania Concealed Gun Reciprocity.  Moreover, handguns may only be transported to and from specific activities and locations. Some examples of “to and From” are the place of purchase, repair, range, hunting location, or other places listed in 18 PA.C.S. § 6106. 

To carry a handgun concealed in public, an individual must possess a valid Pennsylvania License to Carry Firearms (LTCF, 18 PA.C.S. § 6106) or an equivalent license issued by a state that Pennsylvania honors (See www.attorneygeneral.gov for up to date reciprocity agreements).

An individual may carry a concealed handgun, without a LTCF:

1. in one’s home,
2. fixed place of business, and
3. on private property where permission has been given

(18 PA.C.S. § 6106).

Moreover, an individual cannot carry a handgun in a vehicle without a valid Pennsylvania LTCF or an equivalent license issued by a state that Pennsylvania honors (18 PA.C.S. § 6106). Nevertheless, an individual with a LTCF is NOT required to carry concealed; he/she may carry openly, including in cities of the first class, such as Philadelphia.

Pennsylvania’s Attorney General, Tom Corbett, has been instrumental in enacting new reciprocity agreements between Pennsylvania and other states. For the most up to date information, an individual should check the Attorney General’s website. On the Pennsylvania Attorney General’s site, an individual can download copies of each reciprocity agreement. Follow the following links for a map of US reciprocity agreements, a Map of Pennsylvania Reciprocity agreements.

Currently, an individual with a Pennsylvania LTCF may conceal carry in Alaska, Arkansas, Arizona, Georgia, Idaho, Indiana, Kentucky, Louisiana, Missouri, Montana, North Carolina, Oklahoma, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, and Wyoming.

If you are a Pennsylvania resident the following states will also honor your LTCT Colorado, Florida, Michigan, New Hampshire, West Virginia Open Carry may or may not be legal in the above states.