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Learner's permit driver with guns in vehicle
#1
question 
Is it okay for my stepson to be driving us to the range while holding a PA learner's permit/junior license. Obviously I would be in the car with him, but I just didn't know if there are any restrictions on young drivers with weapons in the vehicle. Maybe someone could point me on where to look.
Thanks in advance.
If you're not outraged, you're not paying attention!
chkrdflg, proud member of pa2a.org since Sep 2012.
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#2
chkrdflg;23835 Wrote:Is it okay for my stepson to be driving us to the range while holding a PA learner's permit/junior license. Obviously I would be in the car with him, but I just didn't know if there are any restrictions on young drivers with weapons in the vehicle. Maybe someone could point me on where to look.
Thanks in advance.

call PennDot and ask them. Then post here what they told you.
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#3
chkrdflg;23835 Wrote:Is it okay for my stepson to be driving us to the range while holding a PA learner's permit/junior license. Obviously I would be in the car with him, but I just didn't know if there are any restrictions on young drivers with weapons in the vehicle. Maybe someone could point me on where to look.
Thanks in advance.

as mentioned, check with pendot but my basic understanding is driver is responsible for what is in the car. kind of like having an open alcohol container in a passengers hand can get the driver in a boat load of trouble. a gun stored in the truck can potentially cause a problem.
FrankG, proud to be a member of pa2a.org since Sep 2012.
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#4
Why call PennDOT? They don't make laws regarding firearms, the legislature does. It's much like calling the police to ask them. If you're not comfortable with reading and comprehending the statutes for yourself, and you want a reliable answer, ask an attorney.
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#5
Why would it matter? So long as the firearms are yours and not his and you are the there at all times so he doesn't have constructive possession there should never be any problems. Furthermore i believe the statute allows exemptions specifically for immediate family members driving a vehicle that belongs to the gun owner even if the gun owner isn't present. Maybe someone can post that specific law. In general, you'll be fine so long as you stay with the car and if you happen to not be with the car at worse you'll be having to prove the firearms are yours and the vehicle is yours (which i hope it is) and that you meet the exemption.

Oh and penn dot wouldn't have a clue. Call gunlawyer phil kline.
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#6
Do you guys need to ask a lawyer or maybe the housing authority if its ok to have a gun in the house too?
"Fighting for peace is like screwing for virginity"

goofin, proud to be a member of pa2a.org since Sep 2012.
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#7
goofin;23886 Wrote:Do you guys need to ask a lawyer or maybe the housing authority if its ok to have a gun in the house too?

^This.

Penndot is as qualified to answer that question as your average PPD officer.
"As I lay rubber down the street I pray for traction I can keep, but if I spin and begin to slide, please dear God, protect my sweet ride."
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#8
ExcelToExcel;23879 Wrote:Why would it matter? So long as the firearms are yours and not his and you are the there at all times so he doesn't have constructive possession there should never be any problems. Furthermore i believe the statute allows exemptions specifically for immediate family members driving a vehicle that belongs to the gun owner even if the gun owner isn't present. Maybe someone can post that specific law. In general, you'll be fine so long as you stay with the car and if you happen to not be with the car at worse you'll be having to prove the firearms are yours and the vehicle is yours (which i hope it is) and that you meet the exemption.

Oh and penn dot wouldn't have a clue. Call gunlawyer phil kline.
The statute you are thinking of is 6106(b)(13):
Any person who is otherwise eligible to possess a firearm under this chapter and who is
operating a motor vehicle which is registered in the person's name or the name of a spouse or parent
and which contains a firearm for which a valid license has been issued pursuant to section 6109 to
the spouse or parent owning the firearm.


In order for this to be applicable, the stepson would have to be otherwise eligible to possess a firearm under title 18 chapter 61. It is also implied that he would have to be in the vehicle without the parent, though an argument could be made otherwise, I don't believe it would hold water. So it doesn't apply here.

6110.1 is the statute that would govern this, assuming the stepson is under 18:

(a) Firearm.--Except as provided in subsection (b), a person under 18 years of age shall not
possess or transport a firearm anywhere in this Commonwealth.
(b) Exception.--Subsection (a) shall not apply to a person under 18 years of age:
(1) who is under the supervision of a parent, grandparent, legal guardian or an adult acting with
the expressed consent of the minor's custodial parent or legal guardian and the minor is engaged in
lawful activity, including safety training, lawful target shooting, engaging in an organized competition
involving the use of a firearm or the firearm is unloaded and the minor is transporting it for a lawful
purpose; or
(2) who is lawfully hunting or trapping in accordance with 34 Pa.C.S. (relating to game).
Responsibility of adult.--Any person who knowingly and intentionally delivers or provides to the
minor a firearm in violation of subsection (a) commits a felony of the third degree.
(d) Forfeiture.--Any firearm in the possession of a person under 18 years of age in violation of this
section shall be promptly seized by the arresting law enforcement officer and upon conviction or
adjudication of delinquency shall be forfeited or, if stolen, returned to the lawful owner.


So, as long as:

A.) The stepparent is with him, or

B.) Has given him permission to transport it to the range and it is unloaded, then
C.) There is no problem

If the stepparent is carrying it legally with a valid license, then it should not matter at all. The above would come into play only on the hard to imagine chance some LEO decided that they were charging you for something, whether or not you are actually committing a crime.

Hope that helps.
headcase, bitch-slapping gun myth perpetuators since 2006.
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#9
Thanks for everyone's input and help. I thought it would be okay, but became unsure when thinking of dealing with PennDot as well as the the regular gun statutes.
If you're not outraged, you're not paying attention!
chkrdflg, proud member of pa2a.org since Sep 2012.
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#10
chkrdflg;28310 Wrote:Thanks for everyone's input and help. I thought it would be okay, but became unsure when thinking of dealing with PennDot as well as the the regular gun statutes.

Penn dot doesn't give a shit. It's the cops you have to worry about Smile
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