The right of the citizens to bear arms in

defense of themselves and the State

shall not be questioned.
Pennsylvania Constitution
Article I, Section 21
Your Pennsylvania
Gun Rights
FAQ Flyer
A publication explaining your
Second Amendment right to openly carry a
handgun in Pennsylvania
All laws and interpretations noted here are provided only for your
convenience. Statements made in this document are for informational
purposes only and should not be considered legal advice.
You are responsible to know and understand the law before you carry a
firearm.

Duplication and distribution of this document is permitted and encouraged.
Edition 7/7/14
Places Where Firearms are Prohibited
Any private property where a landowner, tenant or person so
authorized to maintain property has asked you to leave be-
cause you are carrying, or where the property owner or ten-
ant has placed signs or placards denoting that guns are for-
bidden. {Criminal Trespass 18 Pa.C.S. 3503}
Primary and secondary schools (K-12 grades) There is an
affirmative defense for "other lawful purposes" however there
is no case law determination of what that includes. To be safe,
its wiser to assume it does not include our carrying "rights".
{18 Pa.C.S. 912}
Within 1000ft of a school unless you have a carry license
issued by the state in which the school is located {18 USC
922(q)}
ANY Federal facility including, but not limited to Federal Gov-
ernment Buildings such as Post Offices, National Cemeteries,
secure areas in airports {18 USC 930, 38 CFR 1.218(13)}
ANY Court facility {18 Pa.C.S. 913}, but they must provide a
place to check your firearm {18 Pa.C.S. 913(e)}
Detention facilities, correctional institutions, or mental hospi-
tals {18 Pa.C.S. 5122}
Certain Department of State buildings {49 Pa. Code 61.3.}
Philadelphia public streets or public property, unless you
hold a valid LTCF or (for nonresidents only) reciprocal li-
cense (applies to OC and CC) {18 Pa.C.S. 6108. }
Casinos (as private property) {by PA Gaming Control Board
regulation 58 Pa. Code 465a.13}
Selected Statutes & Laws Pertaining to Firearms
18 Pa.C.S. 6106. Firearms not to be carried without a li-
cense.
18 Pa.C.S. 6107. Prohibited conduct during emergency.
18 Pa.C.S. 6108. Carrying frearms on public streets or pub-
lic property in Philadelphia.
18 Pa.C.S. 6109. Licenses.
18 Pa.C.S. 6120. Limitaton on the regulaton of frearms
and ammuniton {preempton}
18 Pa.C.S. 912. Possession of weapon on school property.
18 Pa.C.S. 913. Possession of frearm or other dangerous
weapon in court facility.
18 Pa.C.S. 3503. Criminal Trespass.
18 Pa.C.S. 5122. Weapons or implements for escape.
{detenton facility, correctonal insttuton or mental hospital}
18 Pa.C.S. 6111.4. {Prohibiton of} Registraton of frearms.
18 USC 922. Firearms: Unlawful acts.
18 USC 926A. Interstate transportaton of frearms.
18 USC 930. Possession of frearms and dangerous weap-
ons in Federal facilites.
38 CFR 1.218. Security and law enforcement at VA {veterans
afairs} facilites.
49 Pa. Code 61.3. Use of Public Areas Outside the Capitol
Complex.
58 Pa. Code 465a.13. Possession of weapons within a li-
censed {gaming control board} facility.

Pennsylvania Uniform Firearms Act (UFA):
http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.061..HTM
US Code: http://uscode.house.gov
Code of Federal Regulations: http://www.ecfr.gov/
PA Code: http://www.pacode.com

Please follow the links to see the full text of the laws referenced above.
**{Italics indicate the authors clarifcatons.}
Share this fyer! The PDF of this fle is located at
the following short URL:
htp://goo.gl/tFe3YE
Features of the PDF include
hyperlinks to the law citatons
listed above.
Useful Resources and Links:
Pennsylvania Firearm Owners Association
www.pafoa.org
Up-to-date law references and helpful interpretations
www.OpenCarry.org
A national open carry
website
National Rifle Association
www.NRA.org
Firearms Owners
Against Crime
www.foac-pac.org
Our voice in Harrisburg.
2nd Amendment friendly
Reciprocity information
www.handgunlaw.us
www.attorneygeneral.gov
American Gun Owners
Alliance
www.amgoa.org
Legislation information
and laws
www.CorneredCat.com
A womans guide to
carrying
Where can I find the statute that states I
can openly carry my handgun?
You wont. There is none. Laws do not tell people what
they can do; Laws tell people what they cannot do. If
there is no law prohibiting you from doing something,
then it is legal. There is no Pennsylvania law that prohib-
its a person from openly carrying a firearm in public,
aside from some specific circumstances (see below).
Therefore, it is de-facto legal.
There are also two PA supreme court cases that specifi-
cally state that a person may carry a firearm openly:
Ortiz v. Commonwealth , Commonwealth v. Hawkins
Do I need a license to openly carry a
handgun?
No, in most cases. In Pennsylvania, persons who are not
prohibited by law from owning firearms may openly
carry a handgun in plain sight with no license except in
vehicles
1
, cities of the first class (Philadelphia), during a
state of emergency, or where prohibited specifically by
statute. {18 Pa.C.S. 6106, 6107, 6108} These circum-
stances require a PA License to Carry Firearms (LTCF)
or (for nonresidents only) a carry license from a recipro-
cal
1
state. . As of 2013, PA residents must have a PA
LTCF; carrying on another states license is not permit-
ted for residents. {Commonwealth v. McKown}
1
Transporting a loaded firearm in a vehicle requires a valid PA
LTCF or (for nonresidents only) a carry license from ANY state.
Im not a Pennsylvania resident. Can I still
open carry?
Yes, nonresidents can open carry. See the exceptions in
Do I need a license to openly carry a handgun?, above.
Can I carry in restaurants that serve
alcohol?
Carrying a firearm in establishments that sell or serve
alcohol is not prohibited by law in Pennsylvania, but
may be prohibited by the management of the establish-
ment.
Could there be a local law that prohibits
carry?
Cities, towns, and municipalities are prohibited by PA
law from enacting laws prohibiting concealed or open
carry. {18 Pa.C.S. 6120}
Wont the police hassle me if I am carrying
my gun openly in public?
The United States Supreme Court {Terry v. Ohio} has ruled
that peaceably carrying an unconcealed firearm is not in
itself grounds for a police officer to stop or question you. A
police officer has to have a reasonable suspicion that the
person has committed, is committing, or is about to com-
mit a crime before questioning or detaining you.
Moreover, PA police officers have specifically been trained
by the Municipal Police Officers' Education and Training
Commission (MPOETC) in how to interact with open carri-
ers, per their training manual. {MPOETC 2009 Inservice
Legal Update Course 09-201, article IX, obtained with a
Right to Know request)
Unfortunately, this is not to say that you will never be
stopped and questioned. Even with the law and police
training on your side, your mileage may vary.
Can I be charged with Brandishing or
Disturbing the Peace?
There is no brandishing or disturbing the peace law in
PA. A person who shows or indicates that they have a gun
with the intent to intimidate another person can be
charged with Disorderly Conduct or various forms of as-
sault, including Terroristic Threats. Mere open carry of a
handgun, in a holster, lacking any other threatening be-
havior or verbal threat by the person carrying does not
meet the statutory conditions of Disorderly Conduct or
Terroristic Threats since open carry is a legitimate exer-
cise of a Pennsylvanian's rights; such conduct is not by
itself threatening, nor does it cause a hazardous or physi-
cally offensive condition that serves no legitimate purpose
of the actor as is required by the statute.
Can I carry concealed without a license?
You can carry a handgun concealed, without a li-
cense, only in your abode and fixed place of business. {18
Pa.C.S. 6106} In order to carry a handgun concealed in
public, you must possess a valid PA License to Carry Fire-
arms (LTCF) or (nonresidents only) a license from a recip-
rocal state. {18 Pa.C.S. 6106}
Do I have to register my handgun?
No. There is no gun registry in Pennsylvania. In fact,
it is illegal to establish a registry in PA. {18Pa.C.S.
6111.4.} The PA State Police record of sales database is
commonly mistaken for a registry.
What about while driving?
As a PA resident, you must possess a PA License
to Carry Firearms (LTCF) in order to have a loaded
handgun in or on any vehicle. For nonresidents, a carry
license from ANY other state is allowed. {18 Pa.C.S.
6106, definition of vehicle 1 Pa.C.S 1991}
Without an appropriate license, handguns may only be
transported unloaded to and from specific activities and
locations, such as the place of purchase, repair, range,
hunting location, etc. For a complete list and comprehen-
sive limitations please see 18 Pa.C.S. 6106(b) and (e).
This statute does not apply to long guns. Long guns
MUST be unloaded (clear chamber and no magazine in
weapon), and for magazine fed weapons any loaded
magazines must be in a separate container in order to
be transported in vehicles within PA.
As a side note, in PA there is no law requiring you to
inform an officer that you are carrying in the event you
are pulled over.
Transporting outside of PA: Federal law allows for trans-
portation of firearms through states that restrict or pro-
hibit possession or firearms ONLY when both of the
following is true: 1) The firearm is unloaded, and nei-
ther the firearm nor any ammunition is readily accessi-
ble or is directly accessible to the driver/passengers. 2)
The firearm is legal to possess and carry in BOTH the
originating state and the destination state of the trip.
{18 USC 926A}
How do I obtain a License to Carry Fire-
arms?
Licenses to Carry Firearms (LTCFs) for PA residents (21
years of age or older) are issued by the county sheriff of
the jurisdiction in which the applicant resides. Nonresi-
dent PA licenses are issued by select county sheriff of-
fices. {18 Pa.C.S. 6109}
I have a concealed carry permit. Doesnt
that mean I have to conceal my handgun?
Actually, in Pennsylvania it is called a License to Carry
Firearms (LTCF). The word concealed does not ap-
pear on your card. There is no stipulation in law that a
PA LTCF holder must carry concealed. An LTCF allows
(but does not require) you to carry concealed, in a vehi-
cle, within 1000 ft of a school zone, and during a state of
emergency. Furthermore, lawful open carry of a firearm
is NOT grounds for revocation of a PA LTCF.