本帖最后由 saysay1 于 2014-8-19 18:30 编辑
（警告：本帖信息来自网络，仅供枪友参考，本人对于这些信息的准确性和法律效力不负任何责任）
Carrying Firearms
Do I need a License To Carry Firearms carry a concealed firearm in Pennsylvania?
In Pennsylvania a License To Carry Firearms is required to conceal a firearm, or to carry a firearm in a motor vehicle.
For more information please see our Concealed Carry page which goes further into the issuehttp://www.pafoa.org/law/carrying-firearms/concealed-carry
在宾州，隐藏携带“火器”(fireaims)，或者在车里携带“火器”，是需要许可证LTCF的。(火器定义见后面）
What states honor Pennsylvania's License To Carry Firearms?
For an up-to-date list of the states that honor Pennsylvania's License To Carry Firearms and what states concealed carry permits we honor, please see our Pennsylvania concealed carry permit reciprocity page.http://www.pafoa.org/law/carrying-firearms/concealed-carry/reciprocity
很多州认可宾州的携枪证， 详情见链接
Is my License To Carry Firearms honored in Philadelphia?
Contrary to many rumors that have been floating around for years, a Pennsylvania License To Carry Firearms issued anywhere in the state is good anywhere in the state. Pennsylvania's Uniform Firearms Act provides a pre-emption statute which prevents anyone other than the state legislature from regulating the carry of firearms among other things. At one point in time Philadelphia had attempted to ignore this, but it has long been resolved.
和许多谣言所说的不同， 宾州内任何地方签发的LTCF可在宾州任何地方（包括费城）使用。
Do I need a License To Carry Firearms to openly carry a firearm in Pennsylvania?
In Pennsylvania a License To Carry Firearms is only required to conceal a firearm, or to carry a firearm in a motor vehicle. The law is silent on the act of openly carrying a firearm while not in a vehicle making it de-facto legal. It must be noted however that due to 18 Pa.C.S. § 6108 (Carrying firearms on public streets or public property in Philadelphia) a License To Carry Firearms is required to carry a firearm in any manner on the streets or public property of a "City of the first class" (Philadelphia.)
For more information please see our Open Carry page which goes further into the issue.
http://www.pafoa.org/law/carrying-firearms/open-carry
在宾州，除了在费城，公开持枪（open carry)是不需要LTCF的。费城作为一级城市，在费城open carry需要有持枪许可LTCF.
(尽管open carry完全合法，我们还是不建议这么做，以避免open carry 引起的不必要的麻烦）
"Firearm"
Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.[size=11.818181991577148px]
Firearm 火器的定义：
手枪/左轮(pistol/revolver)： 枪管15" 以下
霰弹枪(shotgun)： 枪管18" 以下
步枪(rifle): 枪管16" 以下
或者整枪长度在26"以下的任何手枪，左轮，步枪，或霰弹枪。
"Loaded"
A firearm is loaded if the firing chamber, the nondetachable magazine or in the case of a revolver, any of the chambers of the cylinder contain ammunition capable of being fired. In the case of a firearm which utilizes a detachable magazine, the term shall mean a magazine suitable for use in said firearm which magazine contains such ammunition and has been inserted in the firearm or is in the same container or, where the container has multiple compartments, the same compartment thereof as the firearm.[size=11.818181991577148px]
Loaded 上膛的定义：
http://reference.pafoa.org/statutes/PA/18/II/G/61/A/6102/definitions/
PA License to Carry Firearms
18 Pa.C.S. § 6106.1: Carrying loaded weapons other than firearms
| (a) General rule.-- Except as provided in Title 34 (relating to game), no person shall carry a loaded pistol, revolver, shotgun or rifle, other than a firearm as defined in section 6102 (relating to definitions), in any vehicle. The provisions of this section shall not apply to persons excepted from the requirement of a license to carry firearms under section 6106(b)(1), (2), (5) or (6) (relating to firearms not to be carried without a license) nor shall the provisions of this section be construed to permit persons to carry firearms in a vehicle where such conduct is prohibited by section 6106. | (b) Penalty.--A person who violates the provisions of this section commits a summary offense.
长枪（PA 火器定义之外的枪：16寸枪管以上的步枪和18寸枪管以上的霰弹枪）：
1）无论有或者没有LTCF， 都不可以在车内携带上膛长枪。
2) 可以合法拥有长枪的人可以在车内携带没有上膛的长枪
3）法律上来讲，随身公开或者隐藏携带上膛或者未上膛的长枪是合法的，但强烈不建议隐藏携带（不管你是否有LTCF）。
关于上膛的定义参加前面的段落Loaded |
关于哪些地方不可携枪http://forum.pafoa.org/concealed-open-carry-121/7582-read-first-where-you-can-cannot-carry-weapons-state-pennsylvania.html
The purpose of a PA LTCF issued under 6109 is to provide an exemption to the prohibition of carrying concealed on or abouts one's person, or in a vehicle, under 6106. It also allows you to carry any type of firearm(long guns and handguns) during a state of emergency. The license also provides for the privilege of carrying openly or concealed on the streets in a City of the First Class(Philly).
Off-limits places in PA and what makes them off-limits:
1. Court Facilities - PA Title 18, Chapter 9, Subsection 913
2a.*Grounds and buildings of Elementary and Secondary schools(K-12 grades), whether the school is private or public. There is an affirmative defense for "other lawful purposes" however there is no case law determining on what that includes. To be safe, its wiser to assume it does not include our carrying "rights". - PA Title 18, Chapter 9, Subsection 912
2b. Within 1000ft of a school unless you have a license/permit issued by the state in which the school is located - US Title 18, Part I, Chapter 44, Subsection 922(q)
3. Casinos - by regulation Title 58, Part VII, Chapter 465, Subsection 465a.13
4. Certain Department of State buildings - by regulation
5. ****Places off-limits by Federal Law or regulation, IE: military installations(exceptions for hunting at some bases), Federal Government buildings, after the security check point in airports,etc.
6. Any private property where a landowner, tenant or person so authorized to maintain property has asked you to leave because you are carrying, or where the propertyowner or tenant has placed signs or placards denoting that guns are forbidden - Title 18, Chapter 35, Subsection 3503
7. Detention facilities, correctional institutes, or mental hospitals - Title 18, Chapter 51, Subsection 5122
If you do not see the place in question in the list above - then its NOT off-limits in Pennsylvania. Yes, you may legally carry in a bar, tavern, club, or church in PA.
Concealed Carry is legal in State Parks if you have a LTCF. 18 6109 (m.3) should nullify the Open Carry regulation, however that has yet to be determined.
Off-limits places apply just the same for open as they do concealed.
*Colleges are not prohibited by law, however the college could levy their own infractions like expelling the person or other civil punishments.
****The Federal Parks and Reserves are legal again. New law went into effect 02/22/10. Federal buildings in Fed. Parks and Reserves are still off-limits. While in a Federal Park, you follow the laws of the state in which it is located.
WARNING: 大学校园携枪容易惹上麻烦！最好不要带枪到大学校园！这是一个在CT大学校园携枪被捕的案例：
http://news.yahoo.com/conn-man-guns-campus-car-charged-220807025.html
Banks 属于private property
There is no law against carrying in a bank. However, the bank being private property can ask you to leave if they find out you are carrying.
Two federal laws restrict the possession of firearms in or near schools: 1) the Gun-Free School Zones Act; and 2) the Gun-Free Schools Act. The Gun-Free School Zones Act The Gun-Free School Zones Act (GFSZA) prohibits any person from knowingly possessing a firearm that has moved in or otherwise affects interstate or foreign commerce at a place the individual knows, or has reasonable cause to believe, is a school zone.30 The GFSZA defines “school zone” as: 1) in, or on the grounds of, a public, parochial or private school; or 2) within a distance of 1,000 feet from the grounds of a public, parochial or private school.31 The federal prohibition against possessing a gun in a school zone does not apply, however: - To people licensed by the state or locality to possess the gun.32 This exception applies to many people licensed to possess firearms or to carry concealed firearms; see our summaries on Licensing Gun Owners or Purchasers andCarrying Concealed Weaponsfor more information about these licensing requirements.
- If the firearm is unloaded and “in a locked container, or a locked firearms rack that is on a motor vehicle.”33
- If the firearm is possessed for use in a program approved by a school, or in accordance with a contract entered into between a school and the individual or an employer of the individual.34
The Gun-Free Schools Act The original Gun-Free Schools Act (GFSA) was enacted in 1994 as a response to increasing levels of gun violence in schools.35 Unlike the GFSZA, which applies to any person possessing a firearm in the defined prohibited areas, the GFSA focuses on student behavior, penalizing students in an attempt to deter them from bringing firearms to school or possessing them at school.36 The current GFSA, effective January 8, 2002, requires that states receiving certain federal funds have laws requiring local educational agencies to adopt a policy that expels students for a minimum period of one year for bringing a firearm to school or possessing a firearm at school.37 “School” is defined as “any setting that is under the control and supervision of the local educational agency for the purpose of student activities approved and authorized by the local educational agency.”38 The GFSA allows states to permit the chief administering officer of a local educational agency to modify an expulsion for a student, in writing, on a case-by-case basis.39 A state may also allow a local educational agency that has expelled a student from the student’s regular school setting to provide an alternative educational setting.40 The GFSA also requires that, in order to receive federal funds, each local educational agency must annually provide: - An assurance that the local educational agency is in compliance with the state expulsion law; and
- A description of the circumstances surrounding any expulsions imposed under the state expulsion law.41
Local educational agencies must refer any student who brings a firearm to a school served by the agency to the criminal justice or juvenile delinquency system.42 In this provision, “school” is defined more narrowly to mean “a school that provides elementary or secondary education” pursuant the laws of the state.43 Finally, the GFSA provides narrow exceptions to these prohibitions, permitting firearm possession where the gun is lawfully stored inside a locked vehicle on school property, or where the gun is possessed for an activity approved and authorized by the local educational agency, if the agency has adopted appropriate safeguards to ensure student safety.44 To date, the GFSA has not been challenged. =======================================
补充一个比较好的PA handgunlaw 链接：
http://www.handgunlaw.us/states/pennsylvania.pdf
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天气转暖了，大家会去公园游玩，BBQ， 这个很有用：
Carry In State Parks/State & National Forests/WMA/Road Side Rest Areas
Carry Allowed in these Areas:
State Parks: YES (CC only)http://www.dcnr.state.pa.us/stateparks/recreation/hunting/
State/National Forests: YES
WMA’s: YES
Road Side Rest Areas: YES
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Castle Doctrine and Stand Your Ground in PA:
Castle Doctrine - one's home(and place of work in PA): PA does have probably 90% of full blown Castle Doctrine as coded statute, and practices it in common law. You have no duty to retreat from your home or place of work, unless you were the initial aggressor and/or the other person has a lawful right to be there as well. The only thing that PA lacks with true "Castle Doctrine" is the assumption that the person unlawfully entering your home is doing so to do harm. You must believe that you are at immediate risk of serious bodily injury, death, rape or kidnapping before using deadly force. However, there is a provision under the Protection of Property section of law to stop unlawful entries if a felony is committed within a dwelling. And also a PA Supreme Court ruling stating deadly force may be used if all attempts to effect an arrest for a forcible type felony fail(Commonwealth v. Chermansky 1968, reaffirmed in Kopko v. Miller 2005).
As of August 29, 2011 an unlawful entry into your home or occupied vehicle now bears presumption that the intruder is there to cause harm.
Stand Your Ground - anywhere else in PA: PA lacks this type of provision allowing you to meet force with force anywhere. However, PA does grant one's place of work as a extension to the Castle Doctrine. Any place else you must retreat if you can do so "in complete safety" before using force. If you cannot retreat with complete safety, or are faced with immediate deadly force, risk of serious bodily injury, rape, or kidnapping - you may use deadly force to protect yourself.
As of August 29, 2011 you no longer have a duty to retreat from any place you are lawfully present. You may meet force with force if you believe you are facing death, serious bodily injury, rape, or kidnapping so long as you aren't in the commission of a crime.
Protection of Others: You may use force to protect another if they are in the same situation as you would be required to be in before using deadly force as described in the Stand Your Ground section above. Sort of a "in their shoes" type provision.
Civil Liabilities: This is usually added on with "Stand Your Ground" provisions. PA lacks such protections in our laws and you may face civil lawsuits even if the use of force is justified.
As of August 29, 2011 no civil action may be brought against you for a lawful and justified use of force against another person.
Dog Attacks: It is legal to kill a dog that is pursuing or attacking a pet, a domesticated animal, or human. - Title 3, Chapter 8, Article V, Subsection 459-501. It is also legal to kill any dog that is chasing or attacking big game(turkey, bear, elk, deer) - Title 34, Chapter 23, Subchapter E, Section 2385
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http://forum.pafoa.org/concealed ... e-pennsylvania.html
Penalties for Gun Carry ViolationsIn Pennsylvania, it is a third degree felony to carry a concealed weapon without a permit. Penalties include a fine of up to $15,000, up to seven years in prison, or both. (18 Penn. Rev. Stat. and Con. Stats. § 1101.) It is a second degree felony for a person prohibited from carrying a weapon to do so. Penalties include a fine of up to $25,000, up to ten years in prison, or both. (18 Penn. Stat. and Con. Stat. § 6105.) It is a misdemeanor in the first degree to carry a firearm into a court facility. Penalties include a fine of up to $10,000, up to five years in prison, or both. (18 Penn. Rev. Stat. and Con. Stats. § 913.)
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发表于 2013-11-16 18:39
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