The right of the citizens to bear arms in

defense of themselves and the State

shall not be questioned.

— Pennsylvania Constitution

Article I, Section 21

Your Pennsylvania

Gun Rights

FAQ Flyer

A publication explaining your

Second Amendment right to openly carry a

handgun in Pennsylvania

All laws and interpretations noted here are provided only for your

convenience. Statements made in this document are for informational

purposes only and should not be considered legal advice.

You are responsible to know and understand the law before you carry a

firearm.

Duplication and distribution of this document is permitted and encouraged.

Edition 7/7/14

Places Where Firearms are Prohibited

Any private property where a landowner, tenant or person so authorized to maintain property has asked you to leave be-cause you are carrying, or where the property owner or ten-ant has placed signs or placards denoting that guns are for-bidden. {Criminal Trespass 18 Pa.C.S. § 3503}

Primary and secondary schools (K-12 grades) There is an affirmative defense for "other lawful purposes" however there is no case law determination of what that includes. To be safe, its wiser to assume it does not include our carrying "rights". {18 Pa.C.S. § 912}

Within 1000ft of a school unless you have a carry license issued by the state in which the school is located {18 USC § 922(q)}

ANY Federal facility including, but not limited to Federal Gov-ernment Buildings such as Post Offices, National Cemeteries, secure areas in airports {18 USC § 930, 38 CFR 1.218(13)}

ANY Court facility {18 Pa.C.S. § 913}, but they must provide a place to check your firearm {18 Pa.C.S. § 913(e)}

Detention facilities, correctional institutions, or mental hospi-tals {18 Pa.C.S. § 5122}

Certain Department of State buildings {49 Pa. Code § 61.3.}

Philadelphia public streets or public property, unless you hold a valid LTCF or (for nonresidents only) reciprocal li-cense (applies to OC and CC) {18 Pa.C.S. § 6108. }

Casinos (as private property) {by PA Gaming Control Board regulation 58 Pa. Code § 465a.13}

Selected Statutes & Laws Pertaining to Firearms

18 Pa.C.S. § 6106. Firearms not to be carried without a li-cense.

18 Pa.C.S. § 6107. Prohibited conduct during emergency.

18 Pa.C.S. § 6108. Carrying firearms on public streets or pub-lic property in Philadelphia.

18 Pa.C.S. § 6109. Licenses.

18 Pa.C.S. § 6120. Limitation on the regulation of firearms and ammunition {“preemption”}

18 Pa.C.S. § 912. Possession of weapon on school property.

18 Pa.C.S. § 913. Possession of firearm or other dangerous weapon in court facility.

18 Pa.C.S. § 3503. Criminal Trespass.

18 Pa.C.S. § 5122. Weapons or implements for escape.

{detention facility, correctional institution or mental hospital}

18 Pa.C.S. § 6111.4. {Prohibition of} Registration of firearms.

18 USC § 922. Firearms: Unlawful acts.

18 USC § 926A. Interstate transportation of firearms.

18 USC § 930. Possession of firearms and dangerous weap-ons in Federal facilities.

38 CFR 1.218. Security and law enforcement at VA {veterans affairs} facilities.

49 Pa. Code § 61.3. Use of Public Areas Outside the Capitol Complex.

58 Pa. Code § 465a.13. Possession of weapons within a li-censed {gaming control board} facility.

Pennsylvania Uniform Firearms Act (UFA):

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.061..HTM

US Code: http://uscode.house.gov

Code of Federal Regulations: http://www.ecfr.gov/

PA Code: http://www.pacode.com

Please follow the links to see the full text of the laws referenced above. **{Italics indicate the author’s clarifications.}

Share this flyer! The PDF of this file is located at

the following short URL:

http://goo.gl/tFe3YE

Features of the PDF include

hyperlinks to the law citations

listed above.

Useful Resources and Links:

Pennsylvania Firearm Owners Association

www.pafoa.org

Up-to-date law references and helpful interpretations

www.OpenCarry.org

A national open carry website

National Rifle Association

www.NRA.org

Firearms Owners Against Crime

www.foac-pac.org

Our voice in Harrisburg.

2nd Amendment friendly

Reciprocity information

www.handgunlaw.us

www.attorneygeneral.gov

American Gun Owners Alliance

www.amgoa.org

Legislation information and laws

www.CorneredCat.com

A woman’s guide to carrying

Where can I find the statute that states I can openly carry my handgun?

You won’t. There is none. Laws do not tell people what they can do; Laws tell people what they cannot do. If there is no law prohibiting you from doing something, then it is legal. There is no Pennsylvania law that prohib-its a person from openly carrying a firearm in public, aside from some specific circumstances (see below). Therefore, it is de-facto legal.

There are also two PA supreme court cases that specifi-cally state that a person may carry a firearm openly:

Ortiz v. Commonwealth , Commonwealth v. Hawkins

Do I need a license to openly carry a handgun?

No, in most cases. In Pennsylvania, persons who are not prohibited by law from owning firearms may openly carry a handgun in plain sight with no license except in vehicles 1, cities of the first class (Philadelphia), during a state of emergency, or where prohibited specifically by statute. {18 Pa.C.S. § 6106, § 6107, § 6108} These circum-stances require a PA License to Carry Firearms (LTCF) or (for nonresidents only) a carry license from a recipro-cal1 state. . As of 2013, PA residents must have a PA LTCF; carrying on another state’s license is not permit-ted for residents. {Commonwealth v. McKown}

1 Transporting a loaded firearm in a vehicle requires a valid PA LTCF or (for nonresidents only) a carry license from ANY state.

I’m not a Pennsylvania resident. Can I still open carry?

Yes, nonresidents can open carry. See the exceptions in “Do I need a license to openly carry a handgun?”, above.

Can I carry in restaurants that serve alcohol?

Carrying a firearm in establishments that sell or serve alcohol is not prohibited by law in Pennsylvania, but may be prohibited by the management of the establish-ment.

Could there be a local law that prohibits carry?

Cities, towns, and municipalities are prohibited by PA law from enacting laws prohibiting concealed or open carry. {18 Pa.C.S. § 6120}

Won’t the police hassle me if I am carrying my gun openly in public?

The United States Supreme Court {Terry v. Ohio} has ruled that peaceably carrying an unconcealed firearm is not in itself grounds for a police officer to stop or question you. A police officer has to have a reasonable suspicion that the person “has committed, is committing, or is about to com-mit a crime” before questioning or detaining you.

Moreover, PA police officers have specifically been trained by the Municipal Police Officers' Education and Training Commission (MPOETC) in how to interact with open carri-ers, per their training manual. {MPOETC 2009 Inservice Legal Update Course 09-201, article IX, obtained with a Right to Know request)

Unfortunately, this is not to say that you will never be stopped and questioned. Even with the law and police training on your side, your mileage may vary.

Can I be charged with “Brandishing” or “Disturbing the Peace”?

There is no “brandishing” or “disturbing the peace” law in PA. A person who shows or indicates that they have a gun with the intent to intimidate another person can be charged with Disorderly Conduct or various forms of as-sault, including Terroristic Threats. Mere open carry of a handgun, in a holster, lacking any other threatening be-havior or verbal threat by the person carrying does not meet the statutory conditions of Disorderly Conduct or Terroristic Threats since open carry is a legitimate exer-cise of a Pennsylvanian's rights; such conduct is not by itself threatening, nor does it “cause a hazardous or physi-cally offensive condition that serves no legitimate purpose of the actor” as is required by the statute.

Can I carry concealed without a license?

You can carry a handgun concealed, without a li-cense, only in your abode and fixed place of business. {18 Pa.C.S. § 6106} In order to carry a handgun concealed in public, you must possess a valid PA License to Carry Fire-arms (LTCF) or (nonresidents only) a license from a recip-rocal state. {18 Pa.C.S. § 6106}

Do I have to register my handgun?

No. There is no gun registry in Pennsylvania. In fact, it is illegal to establish a registry in PA. {18Pa.C.S. § 6111.4.} The PA State Police “record of sales” database is commonly mistaken for a registry.

What about while driving?

As a PA resident, you must possess a PA License to Carry Firearms (LTCF) in order to have a loaded handgun in or on any vehicle. For nonresidents, a carry license from ANY other state is allowed. {18 Pa.C.S. § 6106, definition of “vehicle” 1 Pa.C.S § 1991}

Without an appropriate license, handguns may only be transported unloaded to and from specific activities and locations, such as the place of purchase, repair, range, hunting location, etc. For a complete list and comprehen-sive limitations please see 18 Pa.C.S. §6106(b) and (e).

This statute does not apply to long guns. Long guns MUST be unloaded (clear chamber and no magazine in weapon), and for magazine fed weapons any loaded magazines must be in a separate container in order to be transported in vehicles within PA.

As a side note, in PA there is no law requiring you to inform an officer that you are carrying in the event you are pulled over.

Transporting outside of PA: Federal law allows for trans-portation of firearms through states that restrict or pro-hibit possession or firearms ONLY when both of the following is true: 1) The firearm is unloaded, and nei-ther the firearm nor any ammunition is readily accessi-ble or is directly accessible to the driver/passengers. 2) The firearm is legal to “possess and carry” in BOTH the originating state and the destination state of the trip. {18 USC § 926A}

How do I obtain a License to Carry Fire-arms?

Licenses to Carry Firearms (LTCFs) for PA residents (21 years of age or older) are issued by the county sheriff of the jurisdiction in which the applicant resides. Nonresi-dent PA licenses are issued by select county sheriff of-fices. {18 Pa.C.S. § 6109}

I have a concealed carry permit. Doesn’t that mean I have to conceal my handgun?

Actually, in Pennsylvania it is called a License to Carry Firearms (LTCF). The word “concealed” does not ap-pear on your card. There is no stipulation in law that a PA LTCF holder must carry concealed. An LTCF allows (but does not require) you to carry concealed, in a vehi-cle, within 1000 ft of a school zone, and during a state of emergency. Furthermore, lawful open carry of a firearm is NOT grounds for revocation of a PA LTCF.