pa2a.org


Share Thread:  
Carrying in Vehicles... what's legal?
#1
question 
Ok, so I've read the transportation laws, I've read tons of interpretations of the laws, and I've heard know-it-alls spout off things I know aren't true. Maybe some of you who have sifted through the haze can help me out.

I have a friend who just bought his first pistol. He does NOT have his carry permit yet. He wants to drive his pistol to my house in his pickup truck (mentioned because he does not have a trunk like a car) so that I can show him how to disassemble, clean, reassemble, and operate it. Can he legally transport his pistol to my house and back home? If so, what are the stipulations?




Now on to a different scenario. To preface the following, I AM an LCTF holder and the answers I'm looking for only apply to me as a license holder.

1) I'm heading to the range. I have an SKS with 3 detachable magazines. I have one magazine inserted IN THE RIFLE (with NO round in the chamber) and 2 magazines IN THE SAME CASE with the gun. Legal or not? What about if all 3 mags are IN THE SAME CASE but none of the mags are inserted in the gun?

2) I want to keep a shotgun in my truck. It's NOT a short-barrel but it does have a pistol grip (doubt that matters anyway, not NFA or anything along those lines). I have 5 rounds in the magazine tube, but NONE in the chamber. The gun must be pumped to be made ready to fire. Legal or not?
Reply
#2
pinhead1979;161709 Wrote:Ok, so I've read the transportation laws, I've read tons of interpretations of the laws, and I've heard know-it-alls spout off things I know aren't true. Maybe some of you who have sifted through the haze can help me out.

I have a friend who just bought his first pistol. He does NOT have his carry permit yet. He wants to drive his pistol to my house in his pickup truck (mentioned because he does not have a trunk like a car) so that I can show him how to disassemble, clean, reassemble, and operate it. Can he legally transport his pistol to my house and back home? If so, what are the stipulations?

He may not transport it to your place without a license, he can only transport it to one of the excepted locations defined in the UFA.




Quote:1) I'm heading to the range. I have an SKS with 3 detachable magazines. I have one magazine inserted IN THE RIFLE (with NO round in the chamber) and 2 magazines IN THE SAME CASE with the gun. Legal or not? What about if all 3 mags are IN THE SAME CASE but none of the mags are inserted in the gun?

Regardless if you have a round in the chamber or not, a loaded magazine inserted into the long gun means the gun is loaded. This includes shotguns with rounds in the tube. A long gun cannot be loaded in a vehicles even if you have an LTCF.

Quote:2) I want to keep a shotgun in my truck. It's NOT a short-barrel but it does have a pistol grip (doubt that matters anyway, not NFA or anything along those lines). I have 5 rounds in the magazine tube, but NONE in the chamber. The gun must be pumped to be made ready to fire. Legal or not?

Not legal, because it's a long gun, cannot be loaded. If I recall, you could actually carry an SBS, or SBR loaded in your vehicle, because neither one of them meets the definition of "firearm" as defined in the UFA.

If I'm wrong on that, I'm sure someone will correct me.
Reply
#3
Ok so basically a non-licensed carrier can only transport a pistol to a range, gun shop, or gunsmith. Okay. What if the non-licensed person transporting the pistol was stopping at someone's house before they went to a gun range? Wouldn't that constitute a lawful transport?

As for the long guns, I had a feeling, by what I read previously, that the shotgun and rifle transport must be done with no ammo in the gun itself at all. Can the mags/ammo even be in the same case?
Reply
#4
pinhead1979 Wrote:Ok so basically a non-licensed carrier can only transport a pistol to a range, gun shop, or gunsmith. Okay. What if the non-licensed person transporting the pistol was stopping at someone's house before they went to a gun range? Wouldn't that constitute a lawful transport?

Nope. No stops permitted. The law doesn't provide for them.

pinhead1979 Wrote:As for the long guns, I had a feeling, by what I read previously, that the shotgun and rifle transport must be done with no ammo in the gun itself at all. Can the mags/ammo even be in the same case?

Yeah they can be in the same case. Just not in the rifle/shotgun.

Also, since it was asked. Yes, SBRs and SBSs are considered firearms under the UFA and can be carried loaded in you vehicle, provided you have a LTCF.
"There is no hunting like the hunting of man. And those who have hunted armed men long enough and liked it, never care for anything else thereafter."
-Ernest Hemingway
Reply
#5
Ok one more... suppose the non-licensed guy dissasembled the pistol and left the frame at home. The serial number is on the frame. I can't imagine bringing the slide and barrel would be considered transportig a firearm. We are removing the LCI and the magazine disconnect safety in the slide and technically don't need the frame.
Reply
#6
Correct. The frame is what is considered the firearm. You can do whatever you want with the parts.
"There is no hunting like the hunting of man. And those who have hunted armed men long enough and liked it, never care for anything else thereafter."
-Ernest Hemingway
Reply
#7
Excellent. Thanks guys, I appreciate the input. Rep has been sent to both of you.
Reply
#8
Actually, let me throw this one last thought in here... what about open carry guys who don't have permits, how do they transport? I always thought they just unload and leave the gun in the trunk while driving?

Sorry to be a pain in the ass, I'm just trying to understand this mess.
Reply
#9
Without a license to carry ( either Sportsman or regular LTCF ) you cannot transport in a vehicle PERIOD... The ONLY exception is when you initially purchase that firearm or the other exceptions listed previously. That weapon ( without a license) is considered for HOME protection and that is all...I would suggest that YOU go to HIS house to show him the safety factors and dis-assembly and re-assembly of that weapon. That was everyone is within the law....
You want to take my guns away ???? SCREW YOU ............
Reply
#10
pinhead1979;161717 Wrote:Actually, let me throw this one last thought in here... what about open carry guys who don't have permits, how do they transport? I always thought they just unload and leave the gun in the trunk while driving?

Sorry to be a pain in the ass, I'm just trying to understand this mess.


I think the point of the unlicensed open carry is that you can carry it around your property or neighborhood but you aren't intended to travel with it.


So why can't your friend go get a permit? Depending on where he lives, it can take as little as an hour.....
Error 396: Signature cannot be found.
Reply






Possibly Related Threads...
Thread Author Replies Views Last Post
  Are Tazors, stunguns, etc., legal in PA? rodlxix 20 26,775 01-17-2017, 12:28 PM
Last Post: Dannytheman
  Hosting Kids for a Party, And Carrying jahwarrior72 19 2,442 11-18-2015, 07:26 AM
Last Post: Camper
  The sordid case of the budding legal philanthropist, Hobson McKown. (updates) MDJschool 67 10,211 12-09-2013, 10:50 AM
Last Post: MDJschool
  No buying/shooting/carrying firearms by Philly Police Cadets Philadelphia Patriot 12 2,549 10-18-2013, 03:27 PM
Last Post: Laplace
  Group of Women Harassed By Police For Carrying Mr_Gixxer 21 2,847 09-27-2013, 11:30 PM
Last Post: Emoticon



Users browsing this thread: 1 Guest(s)

Software by MyBB, © 2002-2015 MyBB Group.
Template by Modogodo Design.