Some convictions for certain offenses prevent a person from owning, possessing, or carrying a firearm in Pennsylvania. You will be subjected to a background check and a waiting period before you can take a gun home, but you can buy a gun and transport it to your home, business, or shooting range so long as it is unloaded. Can You Own a Gun Without a License to Carry? Whether you are licensed or not, any time you travel with a firearm you should make certain you are familiar with the laws of any states or counties that you may travel through to avoid police abuse pretextual arrests. This means that in some cases a person with gun possession in Philadelphia could literally cross a street and be violating the law (assuming you crossed from another county into Philadelphia). Section 6108 prohibits persons from gun possession in Philadelphia upon the public streets or on public property unless they are licensed to carry, or exempt from licensing under law. § 6108, only apply to conduct that occurs within the geographic boundaries of Philadelphia. Philadelphia, for example, is legally referred to as a “city of the first class” and in fact is the only city of the first class in Pennsylvania. Each state has different laws, and even within the same state different laws can apply in different counties, towns, or cities. the Rest of Pennsylvaniaīefore going any further, it is important to note that different laws apply in different places. The best practice if you are determined to carry a loaded firearm on your person is to take the necessary steps to obtain a concealed carry license. However, as with many things in life, just because you can – doesn’t mean you should. Pennsylvania Law is silent as to whether “open carry” is specifically permitted so some people interpret that to mean that it is legal because it is not specifically prohibited. Here is where someone usually says, “so does that mean if I don’t conceal it I can carry a gun out in the open?” This is sometimes referred to as “open carry” and some states allow citizens to carry a firearm in a holster open to the public view. In Pennsylvania, any citizen, at least 21 years old, may apply to the Sheriff of their county, or the Police Chief if you reside in Philadelphia, for a license to carry a firearm “concealed.” § 6106, makes it a felony to carry a firearm concealed on your person, or in a vehicle, without a valid and lawfully issued license. However, if you want to carry a gun concealed on your person or in your car, that requires a license to carry “concealed.” 18 Pa. The simple answer is “it depends.” In Pennsylvania you do not need a license to OWN a gun, and it is lawful to keep a gun inside your home or business for personal protection. Under the exact same chapter of Pennsylvania Law, there are two very different definitions for “firearm” and not knowing the difference can lead to gun charges in Philadelphia. Under section 6105, a “firearm” is any weapon designed to expel a projectile by the action of an explosive, without regard for the length of the barrel or type of gun. § 6105, which prohibits certain people from possessing or owning guns. However, some laws use a much broader definition of “firearm” such as 18 Pa. If someone has gun possession in Philadelphia without a license, it is not a crime unless that particular gun meets the legal definition of a “firearm.” Many rifles do not meet the legal definition of “firearm.” § 6102, defines a “firearm” based on the type of gun, the length of the barrel, and the overall length of the gun itself. The Uniform Firearms Act, specifically 18 Pa. Something that we might simply call a gun, could mean a rifle, pistol, or shotgun, and not every gun necessarily meets the legal definition of a “firearm” under Pennsylvania Law. It may sound like a silly question, but under Pennsylvania Law the answer is not so clear. What Defines a Gun or Firearm in Pennsylvania? Even if you have not been charged with a crime, if you are considering gun ownership, take the time to consult with a Philadelphia criminal defense attorney to avoid any problems. It could even prevent you from ever lawfully possessing a firearm, or obtaining a license to carry in the future. The laws regarding licensing and general gun charges in Pennsylvania can be difficult to navigate, and even a simple misunderstanding about the law can result in serious criminal charges.
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