I live in Pa. I applied for my concealed carry permit and was denied for a misdemeanor possession of a small amount of marijuana charge that involved no violence, distribution of the controlled substance or anything dangerous to any other member of society. Its absolutely ridiculous I m curious to what people think about the idea of open carry. I bought a Smith and Wesson SD 40 ve to protect myself and my family at home, and I feel that I should be able to carry it with me outside the house, and the only legal way that I am able to carry it is open. I m seriously considering open carry. Any thoughts on if its worth getting harassed by police and possibly asked to leave certain establishments, in order to protect myself, my family and innocent people if absolutely necessary?
open carry/concealed carry dilemma
- Thread starter JJD0527
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SgtLumpy
Member
We seem to entertain open vs conceiled carry threads about once a week. They sometimes end in thread lockdown for the heated disagreement.
Carry how you feel comfortable. Don't carry into places that you know will be problematic. Try not to be the "only one" who feels safer carrying openly. Carry to be safe, not to make a political statement.
I do both, conceiled and open. And sometimes about halfway inbetween. It's legal either way here in AZ, with or without a permit.
Challenge your CCW denial if you feel it worthwhile and can afford the legal bills.
Sgt Lumpy
Carry how you feel comfortable. Don't carry into places that you know will be problematic. Try not to be the "only one" who feels safer carrying openly. Carry to be safe, not to make a political statement.
I do both, conceiled and open. And sometimes about halfway inbetween. It's legal either way here in AZ, with or without a permit.
Challenge your CCW denial if you feel it worthwhile and can afford the legal bills.
Sgt Lumpy
If you do decide to open carry in Pennsylvania, be aware that a permit is needed to open carry in the city of philadelphia and you must have a permit to open carry in a vehicle.
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I just think that its stupid...that I am legally allowed to purchase firearms, however I am not allowed to conceal carry. It doesn't make any sense to me. Yes I broke a law and I m not denying that but they should look more closely at my record and see that I have never attempted to hurt anyone or rob any businesses. Honestly I would prefer to conceal carry, unfortunately legally I can't. I m am aware of the laws concerning open carry (I' have read them many times)....I m still a little confused, however about transporting the firearm in my vehicle. I m pretty sure I can transport it as long as it is unloaded and in the trunk which is ironic because if I driving down the highway and some crazy person decides to pick me out and randomly shoot at me and my family, I have no defense except police and who knows how long it will take them to show up. Does anyone know the laws for transporting a handgun for sure?
Not to be a jerk but actions have consequences. You made a decision to risk the consequences of breaking the law when you sold the weed.
As for open carrying this is speculation but if someone calls you in for MWAG and the cops that show up run your record your prior conviction could cause you some hassles with the cops.
My advice is to consult a lawyer and see if there is any way to have the conviction expunged from your record.
venomballistics
Member
I'd like to add that your point of view seems to be one of those types very prone to digging holes.
Understand at times like these, that what you feel is of no consequence and the solutions are found in facts alone
smoke, I was not arrested for selling weed. I was arrested for possession of a small amount of marijuana that I possessed for recreational use only. I was the only person involved in the arrest. Unless I tried or did hurt someone or committed a robbery, my right to carry a weapon on me to protect myself or others should not be taken away from me
I let my mind wander a little on that one and this is what I came up with.
There's a guy I know that has been convicted of misdemeanors in two different states. Yet this person was still able to get a West Virginia carry permit because in West Virginia only felonies count against you.
Now if you were to get a non-resident West Virginia carry permit would it reciprocate with Pennsylvania? I know that West Virginia resident permits reciprocate with Penn.
Just a thought.
There's a guy I know that has been convicted of misdemeanors in two different states. Yet this person was still able to get a West Virginia carry permit because in West Virginia only felonies count against you.
Now if you were to get a non-resident West Virginia carry permit would it reciprocate with Pennsylvania? I know that West Virginia resident permits reciprocate with Penn.
Just a thought.
+1 on this advice. If the conviction cannot be expunged, perhaps there is a way to still get a permit since it is a non-violent offense. And as snubbyfan said, check into getting a non-resident permit from another state that PA has reciprocity with.
I don't understand what you are trying to communicate here were you addressing me or adding to my comment? Could you restate please?
Unfortunately even if I agree with you on this point (and I do) that call isn't yours or mine to make. You are where you are because of choices you made, the only thing to do is go forward as best you can
JJEH
Member
I don't know the laws over there. But if from the two options open carry would be the only one you can legally exercise, then it's a no brainer to me.
Just educate yourself first and then do it. Don't break the law again...
Just educate yourself first and then do it. Don't break the law again...
venomballistics
Member
adding to your contribution .. its not directed towards you.
Its easy to find a law one feels is flawed, and get bent out of shape over it. We face a whole lot of this in the 2A fight.
It is usually best to get these things changed through the system such as through rulings of constitutionality, as was the case in Illinois. Facts worked where fury would have likely failed.
the emotionally driven methods tend to revolve around civil disobedience. It can work if the thing protested is so repulsive so as to spark the outrage of massive segments of the population .... lacking the requisite numbers to effect a change with these methods, an anemic group simply stands to add further complications to their lives, leading to further outrage, establishing a vicious cycle.
The op is upset ... he did the deed, and the price for it seems disproportionate from his point of view.
thing is .. most of the space he used expressing his issue seems to revolve around his outrage.
If this ratio of fact and emotion are also applied to his methods of dealing with his issue, its far more likely he will find himself chilling out in prison after he REALLY gets ticked off, than it is that he'll actually find resolution.
He should read and understand the law.
In most cases, if you are legal to purchase a gun, the permit is a given. In his case it may be the laws he lives by are a little more strict, The system blocked him with a false positive, or he slipped through NICS when he got his guns.
The first two might be corrected by having the issue expunged and or the denial re evaluated.
But understand that the third one in the list may come to light in the process. Do weigh that risk carefully
I would imagine an appeal would probably successful with an explanation that you do not current use illegal drugs. I'd guess that was the concern of the issuing authority. Also you didn't mention how long has it's been since the conviction, if it was recent then that concern is relevant. YMMV but I'd try an appeal first, well that and get your record expunged though that may not be possible depending on how long it's been since the conviction, if that doesn't work then get an out of state permit.
speedyquad
Member
where at in pa?
pa is a shall issue state unless:
The issuing officer shall, within 45 days, issue the license unless good cause exists to deny. The state code lists several factors which preclude issuance of a license, including, but not limited to:
(1) being of a character and reputation that the applicant is likely to act in a manner dangerous to public safety;
(2) currently charged with or convicted of certain crimes;
(3) being a habitual drunkard or abuser of controlled substances;
(4) being of unsound mind or having been involuntarily committed to a mental institution; or
(5) having been dishonorably discharged from the Armed Forces.
as you well know...i would guess that they consider you falling into 3 of the 5 categories...people clean up their act, but it may be too late for that...
although not lawyers, Pennsylvania Firearm Owners Association is a very knowledgeable site for pa gun laws...
pa is a shall issue state unless:
The issuing officer shall, within 45 days, issue the license unless good cause exists to deny. The state code lists several factors which preclude issuance of a license, including, but not limited to:
(1) being of a character and reputation that the applicant is likely to act in a manner dangerous to public safety;
(2) currently charged with or convicted of certain crimes;
(3) being a habitual drunkard or abuser of controlled substances;
(4) being of unsound mind or having been involuntarily committed to a mental institution; or
(5) having been dishonorably discharged from the Armed Forces.
as you well know...i would guess that they consider you falling into 3 of the 5 categories...people clean up their act, but it may be too late for that...
although not lawyers, Pennsylvania Firearm Owners Association is a very knowledgeable site for pa gun laws...
Kensterfly
Member
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Re: (3) being a habitual drunkard or abuser of controlled substances....
Texas has an exclusion if, in the past ten years, you have two convictions for DUI.
Texas has an exclusion if, in the past ten years, you have two convictions for DUI.
i would do what the SGT said and challange it it does not hurt to ask again and they will look into it. it does not hurt to ask again it is your right and u will find out the real truth hopefully to your beneyfit and it wont cost you
LoboGunLeather
US Veteran
Move to Colorado. Our state legislature recently voted to allow welfare recipients to use their EBT cards at ATM's located in pot shops, so I doubt seriously that an old misdemeanor possession charge would be held against you.
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