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OpenCarry.org - Discussion Forum > Stories From The States > Pennsylvania > The Dickson Dozen Strike Back! (law suit filed)





The Dickson Dozen Strike Back! (law suit filed)
 Moderated by: jpierce  
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gnbrotz
Activist Member
 

Joined: Wed May 30th, 2007
Location: Chambersburg, Pennsylvania USA
Posts: 233
Status:  Offline
 Posted: Thu Mar 19th, 2009 10:10 am
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ne1 wrote: Also, it is not a crime when the person receiving the firearm is not a "prohibited person".

IAW, if you loan a firearm to someone without a LTCF, you had best know that person very well. 

This is simply not correct, and very dangerous legal advice.

Under current P
a. law, it is absolutely prohibited to loan a firearm to someone (outside of the exceptions of ยง6115), even if they are not a 'prohibited person'.

Last edited on Thu Mar 19th, 2009 10:14 am by gnbrotz

ne1
Regular Member


Joined: Fri Jul 14th, 2006
Location: USA
Posts: 450
Status:  Offline
 Posted: Fri Mar 20th, 2009 05:31 am
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(1) Subsection (a) shall not apply if any of the following apply: 
      
      (ii) The person who receives the firearm is exempt from licensing.

 

IANAL but if a person is carrying openly, then the whole section on licensing is inapplicable ( except in Philadelphia, in a vehicle, or during a proclaimed emergency).

Pa. Patriot
State Researcher


Joined: Fri May 4th, 2007
Location: Just A "wannabe" In Mtn. Top, Pennsylvania USA
Posts: 1432
Status:  Offline
 Posted: Fri Mar 20th, 2009 10:40 pm
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ne1 wrote

IANAL but if a person is carrying openly, then the whole section on licensing is inapplicable ( except in Philadelphia, in a vehicle, or during a proclaimed emergency).

The section of the UFA on loads is 18Pa.C.S.6115
http://paopencarry.org/uniform-firearms-act#6115

It is NOT part of the licensing section (6109).  As the rest of the UFA it is a restriction in and of itself, regardless of licensing. 

It is unlawful to "lend" a firearm (by 18Pa.C.S.6102 definition which is a handgun or SBR/SBS)  to anyone.  Exceptions include LTCF holders.


Pointman
Regular Member


Joined: Mon Feb 18th, 2008
Location: Milwaukee, Wisconsin USA
Posts: 1404
Status:  Offline
 Posted: Tue Mar 24th, 2009 03:57 am
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Whatever happened to "shall not be infringed?"

ne1
Regular Member


Joined: Fri Jul 14th, 2006
Location: USA
Posts: 450
Status:  Offline
 Posted: Thu Mar 26th, 2009 08:08 am
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Pointman wrote: Whatever happened to "shall not be infringed?"
I agree. While the technicalities of convoluted statutes are debated, all too often the relevant section of our supreme law (Article I, Section 21 of the Pa. Constitution) is disregarded. 


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