PA actually passes decent concealed carry legislation

H

HiPowering Along

New member
Just got word through a gun owner's group here in PA that HB 2563 (permitting concealed carry in State Parks) passed the PA Senate by a vote of 47-1. The word is that Guv Rendell is good with the legislation, and intends to sign it.

Takes away one more restriction for concealed carry - until this bill is signed into law, it's against state law to carry concealed in a State Park.

Quote: "If this bill is signed into law then PA Sportsmen and women will be
free of one more onerous government restriction. The essence of this
bill is that Section 6109 of Title 18 is now preeminent over Title 34
when it comes to the right to carry concealed firearms anywhere in
PA.

This legislation was supported by many different groups throughout PA
and my thanks to one and all for your support and phone calls but
please remember that this legislation began as an ACSL initiative and
it continues our leadership in the field of Carrying of a Concealed
Firearm." End quote.

If you're in PA, call the Governor's office and give your support for the bill.
 
R

rick_reno

Moderator
I'll bet the NRA - a group that often gets bashed here and on other forums - had a lot to do with getting this legislation written and passed.
 
G

Greg_Dunn

New member
Sounds like some good stuff, we have been able to carry in State Parks for several years here in TX.

Last year it was also passed that you are presumed traveling if you are in your car and not engaged in criminal activity so you can have a loaded handgun in the car without a CHL (CCW permit).

So what places are off limits still in PA? and do you have State level preemption or can cities pass their own laws with regards to CCW?
 
C

CDH

New member
Last year it was also passed that you are presumed traveling if you are in your car and not engaged in criminal activity so you can have a loaded handgun in the car without a CHL (CCW permit).
Click to expand...

The guys in Texas should be careful of that assumption. The following describes the law better:

"In Texas, a loaded gun in the car is OK as long as you are "traveling," which is defined as driving from one county through another to a third."

From: http://www.chron.com/content/chronicle/nation/guns/part1/gunside1.html

It is NOT "ok" to have a loaded gun in your car without a CCW permit in Texas UNLESS you are legitimately "traveling" as noted in the foregoing quote from one county through another to a third county. If you're going to a local shooting range, the gun needs to be locked and unloaded in another part of the vehicle just as before the "Traveling" law was passed.

I forget the name of which law enforcement leader said it, but he did say that anyone caught with a gun in their car will be arrested and a judge will be allowed to decide if the "traveling" part of the law has been satisfied.

This thing about it being OK to carry a loaded gun in your car in Texas anytime you want without a CCW permit is getting repeated way too often, and some people are going to find out the hard way what the intent of the law REALLY is.
As usual, ignorance of a law is not a good defense.

Carter
 
H

HiPowering Along

New member
So what places are off limits still in PA? and do you have State level preemption or can cities pass their own laws with regards to CCW?
Click to expand...

Courthouses and schools are the only state restricted places that you cannot carry in. The school part of it isn't really clear - the statute doesn't specify that legally licensed CCW holders are exempt from it, but conversely can go the other way. No PA court ruling is available on it that I can find.

And, no, per PA law, Philly/Pittsburgh or any other city, municipality, township, borough or whatever may not make their own restrictions on firearms. First class cities (Pitts, Philly) can restrict firing of said firearms within city limits, but that's about it.

Philadelphia is lobbying for the right to break from current laws and adopt Washington, DC type draconian laws that have as much effect in stopping crime as air brakes do on a turtle. I hope the PA Legislature has enough sense to not allow it, but I'm not betting the farm on that, either.
 
V

Vermont Carry

Moderator
I'll bet the NRA - a group that often gets bashed here and on other forums - had a lot to do with getting this legislation written and passed.
Click to expand...
Oh please. That's as shameless of a plug as trying to twist this thread into an nra bashing thread would be :barf: :barf: :barf:

Just look at the vote dude: 47-1. NRA had effectively nothing to do with that. What happened is that this restriction was no longer defensible, so the antis abandoned this piece of real estate on the battlefield. If you want to believe that the nra's "skill" or something made this happen then you go right ahead. :rolleyes: :rolleyes: If a rabidly anti gun governor is going to sign it, then something tells me the nra didn't magically "convince" him to change his mind. Gimme a break.
 
O

O6nop

New member
CDH - travelling laws changed

"In Texas, a loaded gun in the car is OK as long as you are "traveling," which is defined as driving from one county through another to a third."
Click to expand...
CDH - I looked for some evidence that your statement is true. You may be quoting an old law but I think the first statement by Greg_Dunn is correct, at least for Texas

http://www.gunlaws.com/tgogup3.htm
-----
The definition of "traveling," for the exemption from a charge of illegal carry under 46.15(b)(3), is this:

A person is presumed to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal street gang, as defined by Section 71.01; and
(5) not carrying a handgun in plain view.
-----
This link may also help although it's not too much clearer IMO.
http://www.txdps.state.tx.us/administration/crime_records/chl/Traveling.pdf

The link you showed gave me no feeling of any authority. Plus, there was no date on it so who knows how old the information is.
 
You must log in or register to reply here.
Top