Transporting my AR to a range in PA

[inkd]

Ha...just reading that you drove through NY made my arse pucker. Yeah...for me, I overkill all the safety stuff with the guns. I have two kids in the house. My are very aware of the safety that goes along with them but I'd much rather be safe than sorry. The only thing that doesn't stay on lock down is the shotgun by my bedside. I put the fear of God in my kids about that one. Overkill is our friend.

Nothin' wrong with it in certain situations, for sure.

 

[Curmudgeon]

madness3120, all the info you are getting here, regarding transporting your rifle(s) looks good. Admittedly I skimmed, and some of this is overkill for PA, but it looks like you will be fine.

Here are citations of law for your situation, just in case. The number one concern is that your rifles remain unloaded at all times while in your vehicle.

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.
(Dec. 7, 1989, P.L.607, No.68, eff. 60 days; June 13, 1995, 1st
Sp.Sess., P.L.1024, No.17, eff. 120 days)
http://www.pa2a.org/wiki.php?wid=24

Source: http://www.legis.state.pa.us

Now, the definition of "loaded"...

18 Pa. C.S. § 6102. Definitions.

"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.
If the magazine is inserted into a pouch, holder, holster or other protective device that provides for a complete and secure enclosure of the ammunition, then the pouch, holder, holster or other protective device shall be deemed to be a separate compartment.

http://www.pa2a.org/wiki.php?wid=58
Source: http://www.legis.state.pa.us

 

[alucard0822]

Long gun transport is covered by game laws in addition to the UFA, although both have practically the same single requirement. Basically the rifle has to be unloaded, ammo or loaded mags/clips in a separate container is sufficient. There are no restrictions on containers, locked or unlocked, accessible or not, it is legal to transport as I do, unloaded rifle laying on the seat, loaded mags in an ammo box. Philly has additional restrictions, and there is a restriction during a declared emergency.

"Loaded." A firearm is loaded if the firing chamber, the non detachable 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.

Sec. 2503. Loaded firearms in vehicles. (a) General rule. - Except as otherwise provided in this title, it is unlawful for any person to have a firearm of any kind in or on or against any conveyance propelled by mechanical power or its attachments at any time whether or not the vehicle or its attachment is in motion unless the firearm is unloaded.
(b) Exceptions. - This section shall not be construed to apply to:
(1) A police officer engaged in the performance of his official duty.
(2) A commission officer engaged in the performance of his duty.
(3) A person carrying a loaded pistol or revolver when in possession of a valid firearms license issued by the chief or head of any police force or the sheriff of a county when the license is issued for protection under 18 Pa.C.S. Ch. 61 Subch. A (relating to Uniform Firearms Act).
(4) Any person as defined in section 2121(c) (relating to killing game or wildlife to protect property) while on lands they control and when not hunting or trapping for game or wildlife.
(5) Any motorboat or other craft having a motor attached or any sailboat if the motor has been completely shut off or the sail furled and its progress therefrom has ceased.
(6) Any political subdivision, its employees or agents, which has a valid deer control permit issued under section 2902(c) (relating to special categories of permits).
The exceptions in paragraphs (1) through (5) of this subsection do not apply when attempting to locate game or wildlife with an artificial light or when exercising any privileges granted by this title which may be exercised only when not in the possession of a firearm.
(c) Penalty. - A violation of this section is a summary offense of the fourth degree if the vehicle is in motion. Otherwise the violation is a summary offense of the fifth degree.

And mirrored mostly by 6106.1

(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.

It is a very common misconception that long gun transport falls under 18 Pa.C.S. § 6106 and it's draconian transport law similar to MD(to/from range, residence, shop etc), it doesn't. The key is the definition of a "firearm" which DOES NOT include non-NFA long guns, a firearm as applied to 6106 is a handgun, AOW, SBR or SBS.

(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.

"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.

 

[dblas]

I think after Oct 1st returning to MD with your now banned firearm will be an issue. At least that is what I got from SB281.

Nope, not an issue, if you own it today, you can still transport it to/from events after Oct 1.

 

[boss281]

Well, the BEST I can do is the rifle under the back seat in my crew cab truck (I have nothing available in the bed), in a LOCKED case, and my ammo in the front passenger wheel well, also in a locked box. My truck is the only thing I'd take to some private ranges I frequent in MD or especially Hap Baker range (that shit hole dirt and gravel road is NOT getting a try in my nice lowered Mustang). For PA I could stick something in the trunk and something in the back seat of the Mustang.

 

[kbarrett220]

I'm not sure if it made it through on SB281 oe not. But I definitely remember that it would be illegal to transport a banned weapon out of State then try to return with it beginning October 1st. Anyone have any idea if that went through. You're OK for now but, that may not fly after 1 October

 

[Pinecone]

FOPA doesn't apply once you stop in a state for the night. You can (should be able to) stop for food and gas.

If you are going TO another state, you need to meet the laws of that state.

FOPA is for the transport through a state, where you are transporting from one state to another, both of which it is legal to own/possess/transport the firearm.

 

[dblas]

I'm not sure if it made it through on SB281 oe not. But I definitely remember that it would be illegal to transport a banned weapon out of State then try to return with it beginning October 1st. Anyone have any idea if that went through. You're OK for now but, that may not fly after 1 October

That part got removed in the final version.

 

[Benanov]

If your flight should land in NY. even as an unscheduled stop, there are complications which could result in serious legal problems for you. As the laws are complicated and irrational, I can't offer an explanation for this, so I just note the warning.

If this is a possible scenario for you, someone will probably chime in with the details.

NJ too.

 

[inkd]

NJ too.

Not sure about that?

 

[Daiuy]

Try the Traveler's Guide

I recently purchased the 2013 "Traveler's Guide to the Firearms Laws of the Fifty States" by J. Scott Kappas. I think I read about it in the latest American Rifleman magazine. They have the order information or do a web search. It is pretty informative and says long guns can be carried in the passenger compartment but should be unloaded.

 

[Sticky]

That part got removed in the final version.

Correct.. as long as your gun is legal now, or before 10/1, you can take and bring it back... that was one of my worries, but I can now relax... lol

 

[Sticky]

madness3120, all the info you are getting here, regarding transporting your rifle(s) looks good. Admittedly I skimmed, and some of this is overkill for PA, but it looks like you will be fine.

Here are citations of law for your situation, just in case. The number one concern is that your rifles remain unloaded at all times while in your vehicle.


Now, the definition of "loaded"...

So.... in PA, I can take my AR (unloaded, of course), zipped into one side of my Tac case and in the other side (separate compartment) I can load up some mags, my bipod, sling, etc... and stick that in the backseat (SUV, no trunk) and be good to go... Not sure MD is quite the same...

 

[madness3120]

I would put it in the 3rd row ( or as far in the back as possible) and cover it with something.
But if you get stop would the officer think your trying to hide or conceal the rifle by you covering it?

 

[Pinecone]

NJ has been arresting people for touching their gun case on the baggage carousel when their ongoing flight got canceled. These should be some interesting cases, especially once they get to Federal court.

NY used to be fine as long as you picked up the case and left the state. Not sure about these day.

 

[Benanov]

NJ has been arresting people for touching their gun case on the baggage carousel when their ongoing flight got canceled. These should be some interesting cases, especially once they get to Federal court.

NY used to be fine as long as you picked up the case and left the state. Not sure about these day.

In the meantime, stay out of the armpit of America. Let other poor saps that had the misfortune to travel through NJ deal with the fallout.

 

[jonnyl]

Note that for long guns especially FOPA is more restrictive that either Maryland or PA. You don't HAVE to use FOPA rules if the states you're traveling through are less restrictive. FOPA give you an option for getting through states like NY, NJ, etc. that it would otherwise be impossible to get through.

Overkill is a great strategy and can save some headaches. It's just good to know where the line of the law is.

 

[deercrazy82]

I have a question I am currently a MD resident and recently moved to PA to work. If I change my residence to PA ie get a PA liscence and tags then a couple years later decide to move back to MD what does that mean as far as bringing my firearms back to MD after oct 1st? I purchased everything in MD that I currently own. Second question is if I purchase firearms that are on the list in PA once I change my liscence over could I bring them back to MD if purchased after OCT 1st?

 

[swinokur]

FOPA doesn't apply here. You are not driving through a state. Comply with MD law while in MD and PA law while in PA. FOPA is designed to protect travelers going through states that have more restrictive gun laws than either your origin or destination states.

 

[swinokur]

I have a question I am currently a MD resident and recently moved to PA to work. If I change my residence to PA ie get a PA liscence and tags then a couple years later decide to move back to MD what does that mean as far as bringing my firearms back to MD after oct 1st? I purchased everything in MD that I currently own. Second question is if I purchase firearms that are on the list in PA once I change my liscence over could I bring them back to MD if purchased after OCT 1st?

If you owned the firearm before Oct 1, you must register it with MSP if you move back. You have 90 days to do this.

You may NOT bring a regulated firearm into MD if it was purtchased in PA after Oct. 1

IANAL