Legal ?, Open Carry in PA

[nvrquit]

It would seem that the issue of open carry in Pennsylvania is a bit confused. Some believe that open carry in PA is legal, others that this is "grey area" not well defined and still others strongly believe that such carry is not legal in any way in PA.

One board alluded to these two cases; Ortiz v. Commonwealth, 545 Pa. 279, , 681 A.2d 152, 155 (1996) and Commonwealth v. Hawkins, 547 Pa. 652, 692 A.2d 1068, n4 (1997).

As I'm the curious type, I'll try looking into these cases and any other related history invovlved in open carry in PA. If anyone can throw any meaningful info my way regarding this topic, it would greatly appreciated!

 

[Gray Peterson]

Outside of the City of Philadelphia:

1) Open or Concealed Carry in Vehicles: Not allowed unless you have ANY state's LTCF.

2) Concealed Carry on Foot: Not allowed unless you have a PA LTCF or other recognized states

3) Open Carry on foot: Allowed without LTCF.

Inside the City:

Open Carry on foot is not allowed unless you have a PA LTCF or other recognized permit. 1 and 2 are still the same.

 

[Steve in PA]

Open carry in PA is legal, because it is not illegal.

What that means is there is no law on the books saying you can not open carry. You can't be charged for open carrying because there is nothing to cite you for.

As an Assistant DA said, if its not in the Crimes Code, its not illegal.

 

[Beren]

Unfortunately, "disturbing the peace" is on the books, I think. Can that sort of charge be made to stick of one was otherwise not causing a problem?

 

[Steve in PA]

Disturbing the Peace or Disorderly Conduct has been thrown around alot, but you carrying openly is not a crime, so basically you are doing a legal act.

Because someone gets their panties in a bunch over you carrying does not mean you can be cited for the above.

If someone wanted to walk down the street carrying their compound bow (and not doing anything stupid)......someone can call the PD, but their is nothing I can do. He is not doing anything wrong, and just because you don't like it, doens't mean squat.

 

[nvrquit]

Disturbing the Peace

Steve in PA,

What you say may be absolutely true(and I personally have no background or experience to say otherwise), however some in and out of the constabulatory professions would most likely attempt to cite, or have one carrying open cited anyway. I guess it is just a part of the scenario that you could expect it to occur.

What I'm attempting to look into is the history and cases leading to present day truth; is it truly legal to carry openly in the state of PA and if so where and how.

Considering how many issues there may be out there that have brought us in this state to the current condition, it may take a little while. I've gotta fit it in between everything else that's going on.

Thanks to all that have posted. Let's not beat each other up on this one. Save it for the coming elections!


BTW, for those sceptics out there, I'm no "agent provocateur" posting on the sly. I carry CCW pretty much 24/7(don't ask about the bathroom, it's not pleasant). Remember, VOTE!

 

[Steve in PA]

Citing for DC because someone is carrying openly is really, really stretching it, IMHO.

What would the basis be? Because someone saw the person carrying?

The only section of DC that would fit would be;
(4) creates a hazardous or physically offensive condition by an act which serves no legitimate purpose of the actor.

Now as far as I'm concerned,
a) hazardous condition? Carrying openly is hazardous? To whom?
b) physically offensive condition?
c) no legitimate purpose? Since there is no law against open carry, the act is then legitimate.

Is the person who issues the citation going to testify to all of the above? I wouldn't waste my time with issuing a citation. I'll surely stop and se what your up to, but other than that, unless your doing something else that warrants action on my part, see ya.

As I said, its legal.......because its not illegal. But why do it? I see no reason for open carry, since a PA CCW is so easy to get. I've never seen anyone openly carrying in my 40+ years in PA. Your just asking for unwanted attention if you do.