Gun Law

Gun law, both Federal and Pennsylvania

“No Guns Allowed” Signs

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Disclaimer: I am not an attorney. Nothing in this content constitutes legal advice. If you are in need of legal advice on this matter, retain a licensed, competent attorney in your relevant jurisdiction.

You are a concealed carry permit holder and you are carrying. You walk up to a convenience store entrance and on the door is a sign reading “No Guns Allowed”. What do you do? Do you enter? Do you go back to your car and leave your gun in your car? Do you leave and go somewhere else? As a law-abiding gun owner and 2nd Amendment patriot, I vote for patronizing another establishment…a business more gun-friendly, but this is your call, not mine.

Under Pennsylvania law, it is not a crime if you continue to enter the establishment, despite their sign. However, if they discover you are carrying, they may ask you to leave, and that is certainly within their right…their rules. If you leave, store your gun in your car and return to the establishment, it probably won’t be a further problem with store personnel. If you remain, you are now committing trespass.

If you decide, on the other hand, to be defiant and argue with store personnel, you may be arrested for defiant trespass.

When establishments, such as convenience stores and restaurants, have “No Guns Allowed” signs on the door, they are inferring to customers that those establishments themselves are providing security, whatever is necessary for the situation. If a violent crime is committed or attempted, they will handle it. But what if they don’t?

If a convenience store has a “No Guns Allowed” sign, the store owners/management are inferring they will handle the correct level of security.

Just because they have a sign on the door that may not absolve them from any further legal action. Let’s suppose you honor their request and leave your gun in your car. While you are in the back of the store shopping for a gallon of milk, you hear a commotion in the front of the store. You turn in that direction and notice a gun-wielding thug has entered the store and has his gun pointed at the clerk. Here’s the kicker. If you had been allowed to carry, you may have been able to stop the attack. But as of now, your only protection is to throw the gallon of milk at the attacker, and hope your aim is that of an MLB pitcher. But alas, because you followed their rules and did not carry your gun into the store, the thug shot the clerk before cleaning out the register.

Do you, as a traumatized customer, have any recourse with the convenience store owner? Perhaps, and this is where a qualified attorney can provide the proper legal advice. It may be construed that the convenience store was negligent in providing ample security, in that just posting a sign on the door may not be enough. But practically speaking, what purpose will you achieve if you go after the convenience store owner civilly? Is it because you were really traumatized watching the clerk get shot when you may have been able to help, or is it to send a message to the gun-fearing liberal store owner that their sign prevented you and other law abiding gun owners from rendering aid to the clerk?

Therefore, the best course of action which provides the least hassle is to patronize another establishment more friendly to law-abiding gun owners.

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Top 10 Things To NOT Do If You Are Arrested

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This post is excerpted from a post by attorney Justin McShane, of The McShane Law Firm. Attorney McShane was co-author of the 1st version of the book “Pennsylvania Gun Law – Armed And Educated”. Disclaimer: I am not an attorney. Nothing in this content constitutes legal advice. If you are in need of legal advice on this matter, retain a licensed, competent attorney in your relevant jurisdiction.

1. Don’t Talk

Do not say a word to the officer. You have a right to remain silent – take advantage of it. The Fifth Amendment gives you the right to SHUT UP, so do so! I cannot stress to you the importance of this rule. Do not talk! Do not attempt to convince the officer of your innocence. Everyone is innocent, no one should be arrested and no one should be in jail and that is all the officer hears all day every day. He/she does not care generally whether you are innocent or guilty and there is nothing that he/she can do at this point. Most times, when people speak to officers they say something that makes their situation far worse. Keep your mouth shut; there will be plenty of time to talk later.

2. Don’t Run

I said above to listen to the officer and follow his/her instructions. If you run, the police can add additional charges such as fleeing and attempting to elude (if in a car) or resisting arrest or escape, if not. But if the case goes to trial, then the Government may be able to get a special Jury instruction which would be read to the Jury called “consciousness of guilt” whereby the Jury is told basically “guilty people run, innocent people don’t”. Also, police become highly suspicious that someone running has a weapon and may be quick to draw their weapon.

3. Never Resist Arrest

Perhaps the most important thing not to do is touch the police officer at all! Follow what the officer says. Fight your case, not the officer. You will lose a fight against an officer. Many people attempt to bump the officer or swat an officer’s hands away. This often becomes over-reported by the officer and the swatting becomes hitting which falls under the assault statutes and now a minor misdemeanor arrest becomes a FELONY.

4. Don’t Believe the Police – They LIE

It is perfectly legal for the police to lie to get you to make an admission. In fact they are trained to lie to you to get the confession. It is called the Reid Technique where you lie about having witnesses or video tape or fingerprints or DNA. The police frequently separate two friends and tell one the other one “ratted” him/her out (i.e., told on you). Because of the lie, the other friend now rats the first friend out. Police and detectives also state that “it will be easier” to talk now…LIES!!! DON’T BELIEVE THE LIES! It will only be easier for the police to prove their case!

5. No Searching

Do not allow the police to search anywhere! If the police officer asks, they do not have the right to search and must have your consent. If you are asked make sure you proclaim to any witnesses that “You (the police) do not have consent to search.” If they perform the search anyway, that evidence may be thrown out later. Also, if you consent to a search, the officers may find something that you had no idea you or someone else had placed there, i.e., marijuana left by a friend. The 4th Amendment gives you the right to no unreasonable search and seizures. If the police want to search your home or car, have your attorney tell them to get a search warrant.

6. Don’t Look At Places Where You Don’t Want Police to Search

Police are trained to watch you and react to you. They know that you are nervous and scared and many people look to the areas that they don’t want the police to search. Do not react to the search and do not answer any questions. LOOK DOWN AND KEEP YOUR MOUTH SHUT!!!

7. Do Not Talk Smack to the Police

I don’t care if you have been wrongly arrested and the true culprit is standing in front of you. Don’t talk smack! Police hear all day that my dad is the Governor’s Assistant’s Intern and I will have your badge for this! Cops have a lot of discretion in the upcoming charges brought and how it all develops in the system. Police can add charges, change a misdemeanor to a felony, and will even talk to the prosecutor that is ultimately prosecuting you.

8. If Police Come to Your Home, Do not Let Them In and Do Not Step Outside Your Home

If the police are confident you have committed a felony, they are coming in anyway, because they generally don’t need an arrest warrant. Make it clear to the police by stating: “No you may not come in”, or “I am comfortable talking right here”, or “You need a search warrant to enter my home.” If they return, your attorney can arrange for you to turn yourself in should that be necessary and you will spend no time in jail between the hearings.

9. If You Are Outside Your Home and Arrested, Do Not Accept an Offer to Go Back In Your Home for Anything

The officer may say to you, how about you go inside and change, freshen up, talk to your wife, husband, get a jacket, or provide you with any other reason. The police will graciously escort you in and then tear your home apart searching through it. Also, do not let them secure your car. Your car is fine. Remember they are lying to you. They don’t give two hoots if you are really cold or if you need to talk to your wife or husband.

10. Don’t say a word

It’s incredible how many people feel that they can convince the officer, the booking officer or a detective (if your case reaches that stature) that they are not guilty. THESE PEOPLE DON’T MAKE THE DECISIONS. They have no affect on guilty or not guilty. Wait to speak to your lawyer! The courts and juries in particular give enormous weight to “confessions” during this stage. A suspect is almost NEVER released after being arrested.

Follow these ten simple rules religiously and many of your rights will remain intact after being arrested. I don’t care how nervous, scared, high or drunk you are, THESE RULES ARE VERY IMPORTANT, and will help you tremendously in the short and long run.

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Misdemeanor Consequences in Pennsylvania

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Disclaimer: I am not an attorney. Nothing in this content constitutes legal advice. If you are in need of legal advice on this matter, retain a licensed, competent attorney in your relevant jurisdiction.

A misdemeanor conviction has a lot of consequences in PA. Just because it is a misdemeanor in Pennsylvania, doesn’t mean that it is a slap on the wrist. A conviction is like a diamond, it lasts forever. Here is the most comprehensive list of those consequences on the internet. A person convicted of a misdemeanor could:

  1. Lose the right to hold elected office
  2. Be unable to serve on a jury
  3. Lose the opportunity to adopt children or take in foster kids
  4. Lose the right to own firearms for life
  5. Be ineligible to borrow student loans
  6. Be ineligible for a professional license
  7. Possibly be required to register under “Megan’s Law”
  8. Possibly be required to submit to a DNA sample if convicted of certain misdemeanor offenses

So, when folks ask what are Misdemeanor Conviction Consequences in Pennsylvania? There can be a lot. And we will concentrate on the ability to own firearms, since this is a firearms-related web site. If, in the case of owning firearms, any misdemeanor for which the maximum possible sentence is greater than two years will mean you lose your right to own firearms for the rest of your life.

Firearms

One of the major misdemeanor conviction consequences in Pennsylvania surrounds firearm rights.

Under 18 Pa. C.S.A. 6105 those with a conviction for a misdemeanor of the first degree may not possess a firearm for the rest of their lives. Under section (b) of that statute, the law spells out the many offenses that are disqualifying. While many of these are felonies, some of the crimes are or can be misdemeanors.

Further, section (c) of this statute prohibits gun ownership for any offenses under the drug and cosmetic act, including misdemeanors, which carry a possible prison sentence of more than two years. Three DUI convictions in a 5-year period will also result in a prohibition on purchasing or transferring firearms. There are a lot of asshole drivers out there for which you need to have your wits about you. Don’t be one of them and drive drunk. It’ll f*ck you up more than you can imagine.

If a court sentences you for any violation of Act 64 (The Pennsylvania Drug laws) including paraphernalia charges, you will not be able to have a License to Carry a Firearm in PA. So in other words, any misdemeanor drug conviction in Pennsylvania carries with it a lifetime ban on a concealed carry license (properly known as a PA License to Carry a Firearm). So if you are going to exercise your Second Amendment right, do yourself a favor and stop living a drug-fueled lifestyle.

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Castle Doctrine

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This post is excerpted from the blog “Pennsylvania Law Abiding Gun Owner’s Blog“. Disclaimer: I am not an attorney. Nothing in this content constitutes legal advice. If you are in need of legal advice on this matter, retain a licensed, competent attorney in your relevant jurisdiction.

The Castle Doctrine stems from the principle “A Man’s Home Is His Castle”, and that an individual has a right to be safe in his or her home. Many states have different versions of the Castle Doctrine, and some allow the use of deadly force in more scenarios than others. Pennsylvania’s Castle Doctrine is quite extensive and permits the use of deadly force to defend yourself in a number of scenarios. Under Pennsylvania law, if you shoot someone,

First, if you’re not the initial aggressor, there is NO duty to retreat at home. In other words, if you are to use deadly force in self-defense at home, you will not lose your affirmative defense just because you didn’t sneak out your back door. In some states, if you can sneak out the back door safely, you must do so instead of using your firearm. Does this protection afforded to intruders encourage criminal activity? In Pennsylvania, we don’t have to worry about it.

Additionally, if you’re not the initial aggressor, there is generally no duty to retreat when you are at work. However, before you can use deadly force against a co-worker, you do have a duty to retreat if it can be done with complete safety. You can use your imagination as to why the legislature felt it necessary to include that exception. An interesting twist on deadly force against a co-worker at work would arise if a co-worker took another co-worker hostage. Imagine our “friend” Chris the Criminal, having taken a job in corporate America, losing his mind after the copy machine jammed one too many times. He grabs Cindy and places a knife against her throat, going on a wild rant about everything he hates about the world. If Larry the law abiding gun owner is behind Chris, he might be able to retreat with complete safety, for example, if there is an open door right behind him. However, Larry can use deadly force because Cindy is entitled to use deadly force. Cindy can’t retreat with complete safety. Chris has already shouted at Cindy “Make one move and you’ll be cold before you hit the floor!” In this instance, (1) if Larry was in the same situation of the third party under attack (Cindy), Larry would have the legal right to use the force he is going to use (deadly force); (2) Cindy would be legally justified in using deadly force to protect herself, and (3) Larry believes his intervention is necessary to protect Cindy. As a result, Larry is entitled to use deadly force to protect Cindy. This is a pretty clear cut example, but it illustrates the principle well.

The protections afforded by Pennsylvania’s Castle Doctrine through presumptions are set forth in PA ST 18 Pa.C.S. § 505(b)(2.1). As written above, these protections are relatively extensive. As such, for the purposes of this statute, your “castle” includes your dwelling, your residence, or your car if you are in it. With respect to vehicles, you or a family member must be in it. If the vehicle is unoccupied, the Castle Doctrine does not apply, because the vehicle is then considered property. However, if you have your toddler strapped into their car seat while you momentarily exit your car to drop an envelope in a mail box, you have Castle Doctrine presumption if a carjacker attempts to jack your car with your child in it. (There is a high probability the carjacker may face an additional charge of kidnapping.)

Notice how the statute uses the terms “dwelling” and “residence.” What does this mean? Basically, the Castle doctrine applies to more than just a house. A dwelling is “any building or structure, including any attached porch, deck or patio, though moveable or temporary, or a portion thereof, which is for the time being the home or place of lodging of the actor.”

This definition seems to include anywhere you would lay your head. Places such as apartments, trailers and hotel rooms have been specifically deemed covered under the Castle Doctrine and includes more than just inside. It includes any attached porch, deck or patio too. It also include rented cabins at state parks, and tents set up along the Appalachian Trail, as an example. Does this extend to a detached work shed? Generally not, unless it is designed for lodging, such as having a cot inside in case your wife got mad at you and told you to go sleep in the shed. If you are working on a wood project in your shed and decide to sleep on a cot inside it, rather than track sawdust into your home, an argument could be made that your shed is a place of lodging. What about motor homes? While the motor home is in motion, it is considered a vehicle. When it is parked for overnight lodging, it is considered a home.

A residence is defined as “a dwelling in which a person resides, either temporarily or permanently, or visits as an invited guest.” Consequently, Pennsylvania’s Castle Doctrine affords these protections even if you are not in your permanent home, and are just visiting. So in this case, if you are asked by a friend to house-sit while they are away, because they have given you permission to be in their house, you are therefore, afforded Castle Doctrine protection.

When you are in these locations, and certain circumstances are present, there is a presumption that you have a reasonable belief that deadly force is necessary to protect yourself against death, serious bodily injury, kidnapping, or sexual intercourse by force. If you recall, that is the very definition of when deadly force is permitted. Therefore, under the following scenarios, the law will presume that use of deadly force was reasonable:

  1. Somebody is in the process of unlawfully and forcefully entering your dwelling, residence or car (provided you’re in the car);
  2. Somebody has unlawfully and forcefully entered your dwelling, residence or car (provided you’re in the car); or
  3. Somebody is or is attempting to unlawfully and forcefully remove you or somebody else —against the will of the individual being removed— from your dwelling, residence or car (If they’re removing you or trying to, it’s safe to say you’re in the car).

In scenarios one and two, somebody is breaking in, or has already broken into your dwelling, residence, or car (if you’re in the car). In scenario one, picture somebody breaking the door down, breaking windows to get in, or in the case of a car, forcing their way through the door or window. In scenario two, they’re already in. This is the late night intruder who you find downstairs after hearing some noise, the burglar you wake up to bedside, or the carjacker who forced their way into the back seat when you stopped at a red light.

Scenario three is a bit different, because there is no “breaking in” involved. This might come into play in a nightmare scenario: somebody who is initially in your home with permission attempts to take you from your home.

Some notable exceptions to this presumption will likely seem fairly obvious to law abiding gun owners, such as the exceptions involving criminal activity (you have to have clean hands before using The Castle Doctrine) and using force against known police officers. The other two, while likely not an issue for responsible law abiding gun owners are perhaps less obvious exceptions. The first part of this paragraph means, in other words, you can’t be inside a meth lab, shoot someone, and claim Castle Doctrine protection. The second part means you cannot shoot police officers entering your dwelling in the performance of their duties (i.e. they are presenting you with a search warrant) and claim Castle Doctrine protection.

If the “intruder” is a resident or has a legal right to be in the home or car, the presumption doesn’t apply, so you lack this heightened protection. This applies to landlords & tenants (the statute specifically mentions “owner[s] or lessee[s]”), roommates, and members of the family unit. This does not mean that you can’t use deadly force against these people if they attempt to kill you, it just means the law will not afford you the presumption that they were doing so. With regards to landlords, if they enter your rental property and attempt to evict you with a “writ of eviction”, you cannot claim Castle Doctrine protection. If, on the other hand, they use a master key to enter your apartment and attempt to evict you without a writ, you can defend your home and claim Castle Doctrine protection.

Another exception involves custody disputes. The presumption does not apply if a parent, grandparent or other person with lawful custody attempts to remove a child from your home. Children are precious, and most parents would do anything in their power to protect them. However, while custody disputes are undoubtedly unfortunate, the law removes the presumption in efforts to avoid them being settled with deadly force.

While there are many situations in which deadly force is justified outside your home or car, Pennsylvania provides its citizens paramount protections in these locations. Understanding these protections will help you protect your status as a law abiding gun owner in the grievous even that deadly force is necessary in self-defense.

Another thing you need to keep in mind with regard to locations or places that fall under Castle Doctrine protections is jury psychology. Juries can be sympathetic to you defending yourself or your loved ones if the attack happens inside your home. However, juries have also been found to not be as sympathetic to locations or places outside the four walls of your home. Many juries believe that if something is going on outside your home and you go outside to investigate, you are “looking for trouble”, despite your actions being normal. You hear a commotion in the barn on your property, so you grab your gun and go out to investigate. Some juries don’t take so kindly on you doing your own investigative work, believing that you should have called the police to do that investigation.

What does a presumption of reasonableness mean?

It means that if you fall under the circumstances of The Castle Doctrine, then the prosecuting agency has a much tougher time convicting you. However, all of the protections of self-defense and The Castle Doctrine can be quickly overcome by your statement. Say for example someone comes into your house unlawfully and you know that the person is all alone. The person is actively carrying your big screen TV with both hands clearly occupied. You see this and you shoot. This is not justified self-defense or justified Castle Doctrine. This is a crime.

In summary, while most gun laws are designed against you, Castle Doctrine law starts ON YOUR SIDE. However, its protections can quickly evaporate with evidence. The previous example of a burglar holding your big screen TV in both hands. Clearly, the burglar is not a life-threatening intruder. If evidence shows that both his hands were occupied holding your TV, how could he reach for a firearm and threaten you? So Castle Doctrine is not a “get out of jail free” card. It just starts with the law in your corner. What this means is that you cannot be the initial aggressor and use your home as your personal Thunderdome.

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Stand Your Ground

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This post is excerpted from the blog “Pennsylvania Law Abiding Gun Owner’s Blog”. Disclaimer: I am not an attorney. Nothing in this content constitutes legal advice. If you are in need of legal advice on this matter, retain a licensed, competent attorney in your relevant jurisdiction.

This law has been highly controversial across the nation, and perhaps for no reason at all. Some people who do not like it call it the “Make My Day” law. Highly publicized cases which invited scrutiny of Stand Your Ground laws were ultimately decided on very traditional justification principles rather than the legislative protections of Stand Your Ground.

Pennsylvania’s Stand Your Ground provision is not as extensive as one might have read in the press or on blogs. While it alleviates the general duty to retreat under some circumstances, it does not do any more than that.

If you are attacked in a place where you would normally have a duty to retreat, provided certain criteria are met, you “[have] the right to stand [your] ground and use force, including deadly force.”

In order for this to apply, you:

  1. Must have a right to be in the place where you are attacked, and
  2. You must reasonably believe deadly force is immediately necessary to protect yourself from death, serious bodily injury, kidnapping, or sexual intercourse by force or threat (for the sake of argument, let’s call that “rape”).
  3. Most importantly, this law only applies if the attacker “displays or otherwise uses” a firearm, a replica of a firearm, or any other weapon readily or apparently capable of lethal use.

Unless you are being attacked by someone who has what appears to be some kind of deadly weapon, Stand Your Ground will never come into play. Stand Your Ground protections are also not afforded to those engaged in criminal activity, those who are in illegal possession of a firearm, or when force is used against a known law enforcement officer. So you cannot be in a meth lab, shoot someone, and claim Stand Your Ground. It also means you cannot shoot a police officer knocking on your door with a warrant in hand and claim Stand Your Ground.

If you’ll notice, the reasons for which deadly force may be used are not any more extensive than provided by Pennsylvania’s general justification laws. The law merely removes the duty to retreat in select situations.

It comes down to this: Larry the law abiding gun owner, while going about his daily routine in public, generally has a duty to retreat before using his firearm, but only if it is possible to do so in complete safety. Suppose Chris the Criminal, who is wielding a knife, approaches Larry on the street. Chris’ arm is in the ready stabbing position as often depicted in horror movies. Larry is in fear of imminent death, and reasonably so. Can Larry retreat in complete safety? Well, perhaps. If Larry is a collegiate sprinter, maybe he can take off and Chris will never catch him. But under Stand Your Ground, the law doesn’t make folks like Larry take that chance.

Since Stand Your Ground has been publicized as taking us back to the days of the old west, and law abiding gun owners must ignore this misconception and understand the true meaning of the law. In reality, Stand Your Ground is very narrow in scope, and will only protect you if all of the requirements above are met.

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Stopped For A Traffic Violation

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Disclaimer: I am not an attorney. Nothing in this content constitutes legal advice. If you are in need of legal advice on this matter, retain a licensed, competent attorney in your relevant jurisdiction.

You’re driving along your merry way, fat, dumb and happy. You suddenly see flashing red and blue lights in your rear view mirror. Oh crap! I’m carrying! What do I do?

First of all, don’t panic, that is, assuming you have a concealed carry permit. It is perfectly legal to carry concealed in your vehicle.

Second, the officer(s) will pull up behind you and begin to run your car’s license plate. At this point, the only thing they know is who the car is registered to, be it your vehicle or someone else’s vehicle.

While they are working their computer, do yourself a favor and undertake some preliminary actions so your encounter with law enforcement will go as smoothly as possible.

First, if you are a right-handed shooter with your firearm on your right hip, and your wallet containing your driver’s license is in your back pocket, you will need to unbuckle the seat belt in order to reach your hand around and get out your wallet. If the officer is standing at your driver’s side door, it will be difficult to remove the seatbelt and NOT have the officer see your holster, or that you may possibly be printing. So do yourself a favor, do what you can to get out your wallet while the officer is still in the patrol car. You know you will be asked for your license and registration anyway, so why not pre-empt those questions. But be careful if you need to unbuckle your seat belt to do so. Some officers will cite you for not wearing a seat belt.

Second, give the officer(s) every advantage possible that you are not a threat to them. Turn off the engine. Turn off the radio. Open ALL the windows. If it is dark, turn on the dome light. Place your hands on the steering wheel at the 10:00 and 2:00 positions, and wait. If someone is in the front passenger seat, have them put their hands on the dashboard. Use your kids buckled in their car seat to your advantage. If there are kids in the car with you, the probability of you being a wanted fugitive is probably very low. At this point, you are simply a parent who drove a little too fast or blew a stop sign.

Third, as the officer(s) approach(es) you and ask for your license and registration, it is up to you if you disclose that you have a concealed gun. Again, in Pennsylvania, there is no duty to inform the officer(s). The officer will take your license and run it to see if you have anything which is a red flag to them, such as outstanding warrants. Included in the results will be your concealed carry permit number, because your permit is tied to your driver’s license number. So, at this point, once the officer(s) run your driver’s license they know you have a concealed carry permit. What they don’t know is whether or not you have your gun on you right now.

Now, keep in mind that you do NOT have to inform the officer(s) that you have a permit. They already know that. However, if asked, you must produce it. It will be up to you whether or not to inform the officer(s) that you are actually carrying at that moment. But, keep in mind, if they see your firearm, they have every legal right to ask you for your concealed carry permit, and undoubtedly will. If you do not have your permit on you, your situation just went from perhaps a simple ticket to something more extreme. Remember, if you carry, your permit better be with you. The officer(s) will, beyond a shadow of a doubt, ask you not to touch your firearm.  So…HANDS OFF IT!

If you decide to inform the officer(s) that you are carrying, use something along the following phrases:

  • “officer, I have a concealed carry permit and I am carrying, how do you want to handle this?”, or
  • “officer, I have a concealed carry permit and I am carrying, what do you want me to do?”

Either of these statements imply you are being cooperative and are willing to follow the officer(s)’ commands, not giving them any trouble. Put the decision on what to do back at the officer(s).

The officer will instruct you to what they want you to do. Under no circumstances, reach for your firearm. Most conceal carry holders are law-abiding citizens and the police know that. But that doesn’t mean you can take your act of cooperation for granted. Some officers simply don’t like guns in the hands of civilians.

If you are stupid enough to store your firearm in the glove-box where your registration is, you must inform the officer that both your firearm and your registration are in the glove-box and you cannot get the registration without opening the glove-box. If this is the situation, ask the officer how the situation should be handled. If not, and you open the glove-box, exposing your firearm, the officer(s) may draw on you.

Your goal is to get off with either no ticket, or a reduced charge ticket, perhaps something that is not a moving violation, which add points to your driving record. Your goal is not to end up in the back seat of the patrol car. So just be a cooperative, law abiding (except for the speeding thing) concealed carry gun owner.

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Duty To Inform

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Disclaimer: I am not an attorney. Nothing in this content constitutes legal advice. If you are in need of legal advice on this matter, retain a licensed, competent attorney in your relevant jurisdiction.

“Duty To Inform” is a law whereby if a concealed carry permit holder is stopped by the police for a traffic violation, the driver must inform the officer(s) if they have a firearm in the vehicle and if so, where it is located within the vehicle.

Pennsylvania is NOT a Duty To Inform state. Therefore, Pennsylvanians do NOT have to inform the officer(s) if they have a firearm in the vehicle.  Repeat, Pennsylvanians do NOT have into inform the officer(s).

The following states DO have Duty to Inform laws on their books. So, if you are traveling through any of these states, know the firearms laws of these states relative to Duty To Inform:

  • Alaska (Alaska Stat. Ann § 11.61.220)
  • Arkansas (Ark. Admin. Code 130.00.8-3-2(b)
  • Louisiana (La Stat. Ann. § 40.1379.3(1)(2))
  • Maine (permit holders must respond only if asked, non-resident permit holders have an affirmative duty to inform)
  • Michigan (MCL 28.425f(3))
  • Nebraska (Neb. Rev. Stat. § 69-2440)
  • North Carolina (N.C. Gen. Stat. Ann. § 14-415.11)
  • Oklahoma (Okla. Stat. Ann tit 21. § 1290.8)
  • South Carolina (§ 23-31-215)
  • Texas (must provide permit when asked for ID § 411.205)
  • Washington, DC (Title 7)

Before you make any attempt at traveling through these states, know the concealed carry reciprocity laws of your home state and the state you are desiring to travel through.  Here in Pennsylvania, for example, if you are a snowbird traveling to Florida for the winter and you drive down I-95, the states of Delaware, Maryland and South Carolina do not recognize your Pennsylvania carry permit. In such cases, before crossing those state lines, you must remove your firearm from your vehicle’s passenger compartment and lock it in a secure area of your vehicle, such as the trunk, the bed of your truck or in the storage compartment of your SUV. Ammo must be separate from the firearm. After you cross those state lines, you can again put your firearm in the passenger compartment. Yes, a pain in the ass to store your firearm before crossing the Mason-Dixon line or the North Carolina / South Carolina line, but it’s something you just have to deal with if you want to conceal carry.

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Concealed Carry Reciprocity

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Disclaimer: I am not an attorney. Nothing in this content constitutes legal advice. If you are in need of legal advice on this matter, retain a licensed, competent attorney in your relevant jurisdiction.

You have a concealed carry permit of your home state of Pennsylvania. You want to travel to another state AND conceal carry while doing so.

You want to go elk hunting in Idaho or visit the woke mouse in Florida. Can you conceal carry legally in order to do so? In order to safely concealed carry on your trip, you need to know which states honor Pennsylvania’s concealed carry permit. Below is a map identifying which states honor or reciprocate with Pennsylvania and which states do not. This particular map was chosen because it is very simple to understand…green means “go” and red means “stop”.

Not surprisingly, except for very pro-second Amendment South Carolina, those states which do not honor Pennsylvania’s concealed carry permit are those which are politically “blue” states such as Soviet New York, the People’s Republic of New Jersey and Commiefornia. When a state, such as New Jersey does not honor Pennsylvania’s concealed carry laws, it is because that state’s gun laws are stricter compared to Pennsylvania’s more gun-friendly laws. (Delaware would honor Pennsylvania’s concealed carry permits except that Delaware permit holders must attend a certification class. Pennsylvania does not require a permit class, therefore Delaware does not honor Pennsylvania’s permits.)

As you can see on this map, except for Ohio and a bit of West Virginia, Pennsylvania is surrounded by liberal gun-fearing states. If you want to drive from Pennsylvania to Florida, there are two routes of travel which provide the least hassle if you want to carry along your route. You can either go into Ohio, then south through West Virginia, or travel south on I-81. This route takes you through that tiny section of Maryland near where the eastern end of West Virginia, Maryland and Pennsylvania all converge. This section of I-81 is only about 13 to 17 miles of travel within Maryland. You will have to stop prior to crossing the Mason-Dixon line and store your firearm and ammo in the trunk. Then after you cross into Virginia, you can retrieve you firearm from the trunk. Then further south, instead of continuing on I-95 through South Carolina, deviate further west and travel down I-85 through Chattanooga and Atlanta. Out of the way, yes, but you won’t have to store your firearm in the trunk. Bottom line, is that once you know the reciprocity agreements, you can plan your route accordingly.

My personal advice is to stay the f*ck out of Soviet New York and the People’s Republic of New Jersey with your gun! Period! Let’s say you decide to not heed this warning and carry into New Jersey. You lock your gun in the trunk, and since ammo must be in a separate compartment from the gun, place a box of hollow points under the passenger seat. Then, traffic suddenly stops and you rear-end the car in front of you, forcing the box of hollow points to slide out from under the passenger seat. You are not aware this happened because you are more concerned about contacting your auto insurance agent. A police officer then approaches you to check your condition, and notices that box of hollow points on the floor. Since hollow points are completely illegal in New Jersey outside the home, you will be spending 18 months in the gray bar hotel for EVERY round in the box.  If it is a 25-round box, you will be showering with your new best friend, Bubba, for the next 25 years. So, heed my advice and stay the f*ck out of New Jersey.

Another scenario. Let’s say you are flying direct from Miami to Philadelphia. You call the airline and get their rules on how to transport a firearm. You pack your firearm in accordance with guidelines of both your airline and TSA and everything is good. During the flight, a snowstorm socks in Philadelphia and the plane is rerouted to O’Hare in Chicago, requiring an overnight stay. At the luggage carousel in O’Hare, if you pick up that bag containing your firearm, you are committing a felony in Illinois. Leave the bag on the carousel. When the baggage claim agent wants to know why your bag is the only one still on the carousel, tell them there are firearms in there and you are not touching it. Let O’Hare’s TSA agents deal with it. The airline will deliver your bag to your final destination after the storm clears.

If you want to travel into states which do not honor Pennsylvania’s permit laws, my best advice is to get non-resident conceal carry permits from those states which have reciprocity agreements with the state that bans Pennsylvania’s permit holders. As mentioned above, in order for me to travel into Delaware, I need a non-resident concealed permit from a state which has an agreement with Delaware. Fortunately, a few of them do, and are available to Pennsylvanians. Among them are Utah, Arizona and Florida.

Utah is probably the best. I have a Utah non-resident permit. Now I can safely conceal carry from my home in Pennsylvania into, or through, Delaware. If you want to travel from Pennsylvania to New Mexico, you need an Arizona non-resident permit. But New Mexico is the only state an Arizona permit opens up for Pennsylvanians.

To get a Utah or Arizona non-resident permit, you need to attend a class. This can be accomplished very easily by taking a class offered by a company called Legal Heat. They have the nationwide contract with all Cabela’s stores. Every Cabela’s location has a meeting room where these classes are held. The classes are about 4 hours long. These states require passport photos and fingerprint cards, which the instructor takes care of for every attendee. You walk out of the class with your application filled out, your photos and your fingerprint cards. You do the rest at home. For example, Arizona requires payment to be via money order, cashier’s check or certified check. But before you can apply, you must have a carry permit in your home state.

One thing to keep in mind with regards to Utah. If you commit a crime in your home state, say DUI, Utah will know about it within 24 hours. Every night at midnight, Utah polls the NCIC, the national crime database. If you suddenly appear in that database because you got busted for being drunk…and stupid, you will be receiving a letter from the state of Utah telling you your permit has been suspended pending the outcome of your DUI case.

Below is the same information conveyed on the map, but in tabular form.

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