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  • platoonDaddy

    Ultimate Member
    Jun 30, 2011
    4,162
    SouthOfBalto
    Does PA allow the Castle Doctrine to extend to one vehicle?

    There have been at least 140 carjackings in Philadelphia already in 2022 and we are still in the first week of February.

    The Philadelphia Inquirer reported*police put the number of carjackings at 140 on February 3, 2022, and there have been over two days since then for other carjacking crimes to occur in the city.

    Hard to believe average 4 per day

    They got what they voted for

    Elections have consequences
     

    Darkemp

    Ultimate Member
    Aug 18, 2009
    7,811
    Marylandistan
    Does PA allow the Castle Doctrine to extend to one vehicle?

    You don’t need the Castle Doctrine in the case of a carjacking.

    § 505. Use of force in self-protection.

    (a) Use of force justifiable for protection of the person.
    The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.
    (b) Limitations on justifying the necessity for the use of force.
    (1) The use of force is not justifiable under this section:
    (i) To resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful; or
    (ii) To resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:
    (A) The actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest;
    (B) The actor has been unlawfully dispossessed of the property and is making a reentry justified by section 507 of this title (relating to the use of force for the protection of property); or
    (C) The actor believes that such force is necessary to protect himself against death or serious bodily injury.
     

    MaxVO2

    Ultimate Member
    MDS Supporter
    Does PA allow the Castle Doctrine to extend to one vehicle?

    There have been at least 140 carjackings in Philadelphia already in 2022 and we are still in the first week of February.

    The Philadelphia Inquirer reported*police put the number of carjackings at 140 on February 3, 2022, and there have been over two days since then for other carjacking crimes to occur in the city.

    Hard to believe average 4 per day

    They got what they voted for

    Elections have consequences

    *****Dunno about the castle doctrine in Philly, but carjackings are up pretty much everywhere. It's been happening here in MoCo, and quite a bit in the surrounding counties as well. Some have been very violent.

    I'm not a big fan of paying more in taxes but I would *gladly* pay more to have that money go to building more prisons - big prisons, yuge prisons, and throw every car jacker, armed felon, cold blooded murderers, child molestors, the guys pushing people on to subway train tracks, etc.. in them, and keep them there, for a long time, or forever if they are like CornPop and really bad dudes..

    If punishment for serious crime is swift, certain, and severe - perhaps permanently severe for the worst of the worst where there is NO question someone did something horrific - I bet it cuts down on crime.

    Some people are just evil, there is just something not wired right, who knows why - I don't care: lock them up or just go medieval on them if necessary as an example for others perhaps thinking about doing the same thing.

    Yes yes, give them a fair trial, an appeal, and if they lose after careful and considerate study of all of the relevant facts in the case, judged by peers, etc.. Medieval time: Catapult, thrown into the Sun, death by bunga bunga, fed to sharks with lasers on their heads, whatever.

    We've become too soft on crime, and what we have now is I think a reflection on that fact.
     

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    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    50,076
    Does PA allow the Castle Doctrine to extend to one vehicle?

    There have been at least 140 carjackings in Philadelphia already in 2022 and we are still in the first week of February.

    The Philadelphia Inquirer reported*police put the number of carjackings at 140 on February 3, 2022, and there have been over two days since then for other carjacking crimes to occur in the city.

    Hard to believe average 4 per day

    They got what they voted for

    Elections have consequences

    Utah doesn't work in Philly and I don't know if Open Carry(for Pa. residents) works there either. It would be nice to know, either way.

    (I think DC is up there in the car jacking count as well)
     
    Last edited:

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,599
    SoMD / West PA
    In Philly (only) open carry requires a license, same as concealed. Legal for anyone elsewhere in PA to open carry w/o license.

    loaded handgun inside a vehicle is a whole nother story. LTCF is required.

    If you are walking, OC is GTG.
     

    John from MD

    American Patriot
    MDS Supporter
    May 12, 2005
    22,965
    Socialist State of Maryland
    In Philly (only) open carry requires a license, same as concealed. Legal for anyone elsewhere in PA to open carry w/o license.

    I believe the way it is worded is that you have to have a CCW from someplace to open carry. I don't think it restricts you to your home state.

    That said, why would you want to walk around saying "shoot me and and get a free gun"?

    Having a concealed weapon has surprise on your side. ;)
     

    Bullfrog

    Ultimate Member
    Oct 8, 2009
    15,323
    Carroll County
    loaded handgun inside a vehicle is a whole nother story. LTCF is required.

    If you are walking, OC is GTG.

    As I understand it, a carry permit from ANY state is good for CC inside a vehicle, even if not recognized for walking around.


    § 6106. Firearms not to be carried without a license.
    (a) Offense defined.--
    ...
    (b) Exceptions.--The provisions of subsection (a) shall not apply to:
    ...
    (11) Any person while carrying a firearm in any vehicle, which person possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the United States or any other state.
    ...

    https://www.legis.state.pa.us/cfdoc...pt=61&sctn=6&subsctn=0&mobile_choice=suppress
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    50,076
    loaded handgun inside a vehicle is a whole nother story. LTCF is required.

    If you are walking, OC is GTG.

    So, in reading up on this, without an LTCF, you have to have your gun unloaded while in a car, but can open carry(or carry concealed with a reciprocating license) outside the vehicle?

    And within the Philthadelphia city limits, with a LTCF, you can either carry open or concealed or while in a motor vehicle?
     

    alucard0822

    For great Justice
    Oct 29, 2007
    17,711
    PA
    As I understand it, a carry permit from ANY state is good for CC inside a vehicle, even if not recognized for walking around.




    https://www.legis.state.pa.us/cfdoc...pt=61&sctn=6&subsctn=0&mobile_choice=suppress

    This, any state to carry in a car, open carry without a permit outside of philly, reciprocal permit to conceal everywhere or open carry in philly. PA has castle and stand your ground aka no duty to retreat anywhere with liability protection in a good shoot. As a bonus, we can carry SBRs on a LTCF. Normally carry a P365, but had to go to philly during the BLM riots, had a secure parking garage when I got there, so ended up carrying my G19 and 300BO SBR instead.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    50,076
    This is what I've been able to find:

    (15) Any person who possesses a valid and lawfully issued license or permit to carry a firearm which has been issued under the laws of another state, regardless of whether a reciprocity agreement exists between the Commonwealth and the state under section 6109(k), provided:

    (i) The state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109.

    (ii) The Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.

    (16) Any person holding a license in accordance with section 6109(f)(3).

    And this:


    18 Pa.C.S. § 6109: Licenses

    ...
    (e)(1) A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle and shall be issued if, after an investigation not to exceed 45 days, it appears that the applicant is an individual concerning whom no good cause exists to deny the license. A license shall not be issued to any of the following:
    ...
    (ix) A resident of another state who does not possess a current license or permit or similar document to carry a firearm issued by that state if a license is provided for by the laws of that state, as published annually in the Federal Register by the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury under 18 U.S.C. 921(a)(19) (relating to definitions).
    ...


    Does not the last emboldened section, (ix), contradict a Utah permit unless the holder is a resident of Utah? Or does (15) (i) over rule this?
     

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