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kirk2022

Supreme Court ruling on NH non res permit?

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Yes get your Florida -- previously you needed a ccw from any state to be eligible for a NH non res

 

 

Just so I have this straight....are people getting a CCW for Fl so that can get a CCW for NH so they can CCW in PA? This is what it's come to.  At that point, it's a lot simpler to go get a badge.

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I've got three permits, one of which I don't actually need. A friend of mine has five. In case you haven't noticed, their are small changes in reciprocity arrangements from time to time. PA having recently going through a large set of punitive ones. If you want to carry in PA, and NH is the best way for you, and you need FL to get NH, do it. FL is a great license. This is the way the country works at the current time. Not just PA, but everywhere. Anybody that carries while traveling has FL, Utah, or Arizona. People that spend time in the Northeast or Northwest get state specific licenses on top of it.

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Just so I have this straight....are people getting a CCW for Fl so that can get a CCW for NH so they can CCW in PA? This is what it's come to.  At that point, it's a lot simpler to go get a badge.

 

 

 

I didn't --  I got florida for NH --  I don't really care about PA -- When I go to PA I'm on family owned private property at my destination and I carry regardless of what permit I have - Guns stay under FOPA while driving until I get to my destination

 

Now I'm pretty sure that anyone can open carry in PA -- and if you have a CCW from any state you can open carry in your car in PA -- this may be bad info -- I haven't confirmed it but I could have sworn I read about it recently

 

If you do this please confirm for yourself

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You are correct. However, don't get out of the car in public in Philly without a reciprocal license.

 

§6106. Firearms not to be carried without a license.

 

 

 

(a) Offense defined.--

 

* (1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.

* (2) A person who is otherwise eligible to possess a [FN1] valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.

*

 

* (b) Exceptions.--The provisions of subsection (a) shall not apply to:

 

* (1) Constables, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions, or other law-enforcement officers.

* (2) Members of the army, navy, marine corps, air force or coast guard of the United States or of the National Guard or organized reserves when on duty.

* (3) The regularly enrolled members of any organization duly organized to purchase or receive such firearms from the United States or from this Commonwealth.

* (4) Any persons engaged in target shooting with a firearm, if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the firearm is not loaded.

* (5) Officers or employees of the United States duly authorized to carry a concealed firearm.

* (6) Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property in the discharge of such duties.

* (7) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person, having in his possession, using or carrying a firearm in the usual or ordinary course of such business.

* (8) Any person while carrying a firearm which is not loaded and is in a secure wrapper from the place of purchase to his home or place of business, or to a place of repair, sale or appraisal or back to his home or place of business, or in moving from one place of abode or business to another or from his home to a vacation or recreational home or dwelling or back, or to recover stolen property under section 6111.1(b)(4) (relating to Pennsylvania State Police), or to a place of instruction intended to teach the safe handling, use or maintenance of firearms or back or to a location to which the person has been directed to relinquish firearms under 23 Pa.C.S. § 6108 (relating to relief) or back upon return of the relinquished firearm or to a licensed dealer's place of business for relinquishment pursuant to 23 Pa.C.S § 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or back upon return of the relinquished firearm or to a location for safekeeping pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment to third party for safekeeping) or back upon return of the relinquished firearm.

* (9) Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing as permitted by such license, or are going to the places where they desire to hunt, take furbearers or fish or returning from such places.

* (10) Persons training dogs, if such persons are actually training dogs during the regular training season.

* (11) Any person while carrying a firearm in any vehicle, which person possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the United States or any other state.

* (12) A person who has a lawfully issued license to carry a firearm pursuant to section 6109 (relating to licenses) and that said license expired within six months prior to the date of arrest and that the individual is otherwise eligible for renewal of the license.

* (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.

* (14) A person lawfully engaged in the interstate transportation of a firearm as defined under 18 U.S.C § 921(a)(3) (relating to definitions) in compliance with 18 U.S.C. § 926A (relating to interstate transportation of firearms).

* (15) Any person who possesses a valid and lawfully issued license or permit to carry a firearm which has been issued under the laws of another state, regardless of whether a reciprocity agreement exists between the Commonwealth and the state under section 6109(k), provided:

* (i) The state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109.

* (ii) The Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.

* (16) Any person holding a license in accordance with section 6109(f)(3).

*

 

* © Sportsman's firearm permit.—

 

* (1) Before any exception shall be granted under paragraph (b)(9) or (10) of this section to any person 18 years of age or older licensed to hunt, trap or fish or who has been issued a permit relating to hunting dogs, such person shall, at the time of securing his hunting, furtaking or fishing license or any time after such license has been issued, secure a sportsman's firearm permit from the county treasurer. The sportsman's firearm permit shall be issued immediately and be valid throughout this Commonwealth for a period of five years from the date of issue for any legal firearm, when carried in conjunction with a valid hunting, furtaking or fishing license or permit relating to hunting dogs. The sportsman's firearm permit shall be in triplicate on a form to be furnished by the Pennsylvania State Police. The original permit shall be delivered to the person, and the first copy thereof, within seven days, shall be forwarded to the Commissioner of the Pennsylvania State Police by the county treasurer. The second copy shall be retained by the county treasurer for a period of two years from the date of expiration. The county treasurer shall be entitled to collect a fee of not more than $6 for each such permit issued, which shall include the cost of any official form. The Pennsylvania State Police may recover from the county treasurer the cost of any such form, but may not charge more than $1 for each official permit form furnished to the county treasurer.

* (2) Any person who sells or attempts to sell a sportsman's firearm permit for a fee in excess of that amount fixed under this subsection commits a summary offense.

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I read that link - from how I read it stay the hell out of Philadelphia if you are open carrying (first class city LOL) and gauge your neighborhood if you want to open carry.

 

As a non-resident, I read that link again and it seems that non-residents of PA can carry openly unless I am mistaken?  The non-resident permits are issued for people to carry concealed in PA ?

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Open Carry in PA - Keep in mind, you can only have a handgun in a car, even unloaded in the trunk, if you have a permit from ANY state or are going to the range, etc. One of our two crappy gun laws. We are working on it, but it may be a few years.

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Wait, I'm confused.... this is straight from the NH non-res CC application...

 

A non-resident pistol license will not be issued unless you supply:

 A copy (front&back) of your valid concealed carry license issued by the state, county, or town in which you reside.

 

 

So how the hell does anyone from NJ get one? Or is that stipulation of getting one what they were brought to court over?

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Open Carry in PA - Keep in mind, you can only have a handgun in a car, even unloaded in the trunk, if you have a permit from ANY state or are going to the range, etc. One of our two crappy gun laws. We are working on it, but it may be a few years.

 

If someone decided to go to a Walmart in PA, can they get their firearm from the trunk and holster the weapon before they go in?

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I could be wrong but technically you would not be covered under the NJ exemption cause you are not transporting your gun directly to and from a range. As far as PA goes:

 

§6106. Firearms not to be carried without a license. 

(a) Offense defined.— 
(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree. 
(2) A person who is otherwise eligible to possess a valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree. 

(b) Exceptions.—The provisions of subsection (a) shall not apply to: 



(4) Any persons engaged in target shooting with rifle, pistol, or revolver, if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the cartridges or shells are carried in a separate container and the rifle, pistol or revolver is unloaded..

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If someone decided to go to a Walmart in PA, can they get their firearm from the trunk and holster the weapon before they go in?

If you have no carry permit, you cannot take a handgun to a walmart in PA by vehicle. Not even unloaded in the trunk. To and from range, etc. only. You could walk there from a range with it on your hip.

 

If you have a permit from ANY state, you can carry loaded on your hip in the car. Stay out of Philly without a license actually recognized.

 

As far as "unwanted attention" and "gauging the neighborhood" is concerned, complete nonsense. The only place people occasionally have issues is Philly, where the STATE laws are a little different (city gun laws are not enforceable). I have open carried for 8 years all over the eastern half of the state. Mostly in areas where the license plates are up to 20% NJ/NY and the clientele is soccer moms (I shop during the day). 99.5% of people don't notice, about .2% from Jersey give you a confused look and go on with their life, and about .3% come up to you and either thank you or ask questions. Nobody has said a word to me in months and nobody has ever given me a hard time. We sued the police in 2008 and by 2009 they started annual training informing police they could not stop a person or request ID for carrying a gun openly (outside of Philly). Every cop in PA has this training annually. I've had scores of cops notice my gun all over the eastern half of PA and none have said a word to me, although one gave me a head nod. I think they watch Youtube and think we are probably A-holes and decide they don't want to bother talking to us.

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"If you have no carry permit, you cannot take a handgun to a walmart in PA by vehicle. "

 

Mipa, Wouldnt Fopa apply here?

Legal at the start of your journey (your home in NJ)

Transported according to Fopa, trunked etc.

Legal at the end of your journey ( open carrying in PA wal mart)

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You are not allowed to have a handgun in a car, even unloaded in the trunk, unless you are going to the range, etc. Unless you have a permit from ANY state. Walmart is not a listed exception.

 

those rules apply to YOU as a PA resident traveling within the state, but not to ME as an interstate traveler..

my travel falls under FOPA rules

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those rules apply to YOU as a PA resident traveling within the state, but not to ME as an interstate traveler..

my travel falls under FOPA rules

No, it doesn't. The people that wrote the law have said it doesn't. It only covers intervening states, not origin or destination. A diminishing minority of people on this forum believe it does. Nobody else anywhere does. Not even Maryland, where they have similar issues.

 

If I want to go to a Walmart in PA without a permit, can I cross the border into NJ and then come back and be legal because I crossed a border? They discussed this when they were writing FOPA.

 

You wanna take your chances, go ahead. I doubt a PA cop will give you any crap. But if he watches you walking to your car with a gun, with Jersey plates, and decides to pull you over, you are going to jail. "But I'm from Jersey" aint gonna cut it. You may or may not get off later. It's unlikely to have that problem, but that is the risk you are considering.

 

In Jersey you will have the gun in your trunk (also illegal). In PA you will have the gun exposed on your hip. Why not just get a permit from some state to cover the more exposed portion of your trip?

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We are saying if you have NJ fdic and a NH NR how could you be illegal in any state?

 

If you have bother you are basically covered in every portion under state or fopA law?

not sure what you just asked/said there.

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Basically FOPA only covers you when traveling between states where you have carry rights in the beginning and ending destination states. In the states between them you must keep the guns unloaded and locked. Some areas don't follow FOPA (NYC).

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