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Open Carry in Schuylkill County, PA - Bad Encounter

thejax

Regular Member
Joined
May 9, 2009
Messages
91
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Philadelphia & Tampa
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So I ventured up to mining country to look for a house I was interested in purchasing.

Being I am going to be looking at a post-foreclosure that, from what I was told from the bank, required a Writ of Possession and a visit from the sheriffs to have the property vacated, I decided to arm myself. I asked the bank prior to fax me the foreclosure papers. I also asked for verbal permission to carry on the premises. They said that if I am legally carrying by the laws of PA then I have permission.

I get out of the car in front of the property. I pop the trunk and take out my handgun from the lockbox and attach my holster to my belt.

I walk around the property and gain access through a lock provided by the bank. The property was clear. All their stuff was still in the house though so I remained vigilante.

Upon exiting the property, I was met by a neighbor who was toting a shotgun. I immediately put my hand on my holster and my thumb of the retention snap. He had his shotgun pointed down in a somewhat safe but easy to lift and point manner. He asked me to identify myself and what I was doing on the property.

I told him my first name and that I am a potential buyer of the property and that I have permission from the bank to be here. I asked if he was an LEO. He said no. He then went on about how the owner still comes back and that no one wants me on this property.

At this point, I identified this encounter as hostile. I told the neighbor that I was planning on leaving after taking some pictures. Yet, if he does not secure his long gun, he will be having a very bad day. He then gets angry and starts yelling at me about how he is right and I am wrong. I then tried my best, calmly, to explain to him that this property has been foreclosed upon. I had the paperwork in my hand to prove it and that I have verbal permission to be on this property and to carry on this property. I asked the neighbor if he had contacted the bank on his own accord and requested to have permission to be on the property. He said he didn't need permission.

At this point, I wanted to continue on my way to my car and get my camera, take some pictures, then be on my way. I told the neighbor these were my intentions and that if he was detaining me and would not allow me to pass, this was going to be a bigger problem.

I showed him that my cell phone was in my left hand. My right hand still on my holster. I said to him that if he doesn't secure his long gun, and its the last time I am asking, I am going to hold down 9 on my phone and click on speaker and I will summon an LEO to make you secure your long gun.

This basically pissed him off. As he started ranting and raving about how I am trying to be a wannabe cop, I tookj my thumb and undid the retention clip. It was like a pin dropped. He heard it the clip break open and he shut right up.

I said to him that I didn't want any trouble but if I have to draw I would. At that point, he finally stood down. He took a few steps back and secured his long gun by unloading it. I told him give me 10 minutes and I would be off and that it would be a win win situation. He said that was fine and walked off the property. I came back with the camera and did what I had to do then left.

I decided that it was not prudent to contact an LEO about it as it was my word against his and well neither one of us actually pointed their gun. But in the end, I don't want to buy the property. That encounter was bulls*** and uncalled for.
 

Grapeshot

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Valhalla
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Statkowski wrote:
And the first person to notify the police and inform them of their version is the winner.
+1

Also would notify the bank for their general info as well as their safety.

Yata hey
 

9026543

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Joined
Apr 1, 2009
Messages
509
Location
Southern MO
imported post

Are you seriously considering purchasing that property with a neighbor like that?

In my humble opinion that isjust asking for more real trouble in the future.
 

Statkowski

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Joined
Sep 27, 2006
Messages
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Location
Cherry Tree (Indiana County), Pennsylvania, USA
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a. He never mentioned anything about having or not having an LTCF. He did, on the other hand, inform the bank he was legal to carry.

b. He did state he wasn't going to purchase the property.

c. Absent any information to the contrary about the neighborhood, what's wrong with having neighbors willing to defend your property with their firearms?
 

Armond Reese

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Oct 30, 2009
Messages
92
Location
Sixburgh, ,
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Statkowski wrote:
a. He never mentioned anything about having or not having an LTCF. He did, on the other hand, inform the bank he was legal to carry.
I merely ask because he wasn't carrying on him in the vehicle, making me think maybe he was only legal on foot, aka no license.
 

MatieA

Regular Member
Joined
Jan 25, 2009
Messages
400
Location
Egbert, Wyoming, USA
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Armond Reese wrote:
So you were carrying a firearm without a license in a vehicle?

The following is copy/pasted from OP:

"I pop the trunk and take out my handgun from the lockbox and attach my holster to my belt."

Now exactly what about that do you think is illegal?
 

Armond Reese

Banned
Joined
Oct 30, 2009
Messages
92
Location
Sixburgh, ,
imported post

MatieA wrote:
Armond Reese wrote:
So you were carrying a firearm without a license in a vehicle?

The following is copy/pasted from OP:

"I pop the trunk and take out my handgun from the lockbox and attach my holster to my belt."

Now exactly what about that do you think is illegal?
Because if he doesn't have a LTCF or a license to carry from another state, that still isn't a legal way to transport a handgun in a vehicle unless you're going to the range, gunsmith, or hunting, or returning from the above, here in PA.
 

david.ross

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May 24, 2008
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1,241
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Pittsburgh, PA, USA
imported post

I'd like to add there was nothing unlawful about the neighbor toting his long gun long as the weapon is pointing in a safe direction. There are no laws in PA which make open carry of a long gun unlawful while on foot.

Armond is correct, vehicle transport is unlawful without a LTCF or a license from any other state when not in a city of first class unless the person falls within one of the exceptions.
 

MatieA

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Egbert, Wyoming, USA
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It sounds to me that he was covered under the Federal firearms transportation act, by having it in the trucnk in a locked box. Therefore it stands to reason that he did nothing illegal.
 

Armond Reese

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Sixburgh, ,
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MatieA wrote:
It sounds to me that he was covered under the Federal firearms transportation act, by having it in the trucnk in a locked box. Therefore it stands to reason that he did nothing illegal.
You are absolutely dead wrong on that one, as he wouldn't be legal to step out of his vehicle, strap his gun on, OC, then put it back in the trunk when he was done and drive again in PA. It has to be 100% legal on both ends for that to apply.
 

Citizen

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Nov 15, 2006
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Fairfax Co., VA
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Penalty Flags!

For Reese and Roo.

For making statements about the PA law on carrying in a car with/without an LTCF withoutcites or quotes.

Forum Rule #7:

If you state a rule of law, it is incumbant upon you to try to cite, as best you can, to authority. Citing to authority, using links when avaiable,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
 

Citizen

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Joined
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Location
Fairfax Co., VA
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Armond Reese wrote:
Citizen wrote:
Penalty Flags!

For Reese and Roo.

For making statements about the PA law on carrying in a car with/without an LTCF withoutcites or quotes.

Forum Rule #7:

If you state a rule of law, it is incumbant upon you to try to cite, as best you can, to authority. Citing to authority, using links when avaiable,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
QFT
 

IanB

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Joined
Jul 18, 2006
Messages
1,896
Location
Northern VA
imported post

Armond Reese wrote:
Citizen wrote:
Penalty Flags!

For Reese and Roo.

For making statements about the PA law on carrying in a car with/without an LTCF withoutcites or quotes.

Forum Rule #7:

If you state a rule of law, it is incumbant upon you to try to cite, as best you can, to authority. Citing to authority, using links when avaiable,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.


Mr. Reese, in addition to Citizen pointing out Forum Rule #7 I'd also like to direct your attention to Forum Rule #3:

Keep the profanity to a minimum - and then, after you find yourselves using it, go back after you have reflected and edit it out, especially those F-Bombs! Though this area of the web site is a bit of free speech area, the threads necessarily reflect upon the open carry movement as the press and general public do read our postings. Please go back and search your posts and edit out those F-bombs, thanks!

Looking at your user info, you've been here a little over a month so I'll help you out by linking you to the complete list of forum rules so you can become better acquainted: http://opencarry.mywowbb.com/forum1/1.html

Regards, NSL
 

gnbrotz

Campaign Veteran
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May 30, 2007
Messages
247
Location
Chambersburg, Pennsylvania, USA
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MatieA wrote:
It sounds to me that he was covered under the Federal firearms transportation act, by having it in the trucnk in a locked box. Therefore it stands to reason that he did nothing illegal.
Matie, that only applies to "interstate" travel, meaning that your trip starts in one state and ends in another (and may or may not pass through other states along the way). Also, in order to be relevant, you must be permitted to lawfully possess the firearm in both the originating state as well as the destination.

That means I cannot leave PA and travel into MD and be covered by federal law, as it is unlawful for me to possess a handgun in MD. If I pass through MD and end my trip in WV or VA, I am covered, because I can lawfully possess a handgun in either of those states.

"Intrastate" travel (meaning you remain in one state) is not covered under federal transport regulations, and as already noted, PA law does prohibit "carry in a vehicle" unless traveling directly between specifically enumerated destinations/activities (See Pa Title 18, §6106)
 

Armond Reese

Banned
Joined
Oct 30, 2009
Messages
92
Location
Sixburgh, ,
imported post

nakedshoplifter wrote:
Armond Reese wrote:
Citizen wrote:
Penalty Flags!

For Reese and Roo.

For making statements about the PA law on carrying in a car with/without an LTCF withoutcites or quotes.

Forum Rule #7:

If you state a rule of law, it is incumbant upon you to try to cite, as best you can, to authority. Citing to authority, using links when avaiable,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.


Mr. Reese, in addition to Citizen pointing out Forum Rule #7 I'd also like to direct your attention to Forum Rule #3:

Keep the profanity to a minimum - and then, after you find yourselves using it, go back after you have reflected and edit it out, especially those F-Bombs! Though this area of the web site is a bit of free speech area, the threads necessarily reflect upon the open carry movement as the press and general public do read our postings. Please go back and search your posts and edit out those F-bombs, thanks!

Looking at your user info, you've been here a little over a month so I'll help you out by linking you to the complete list of forum rules so you can become better acquainted: http://opencarry.mywowbb.com/forum1/1.html

Regards, NSL
It's a shame there's no rule against backseat moderating because damn.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
imported post

Armond Reese wrote:
nakedshoplifter wrote:
Armond Reese wrote:
Citizen wrote:
Penalty Flags!

For Reese and Roo.

For making statements about the PA law on carrying in a car with/without an LTCF withoutcites or quotes.

Forum Rule #7:

If you state a rule of law, it is incumbant upon you to try to cite, as best you can, to authority. Citing to authority, using links when avaiable,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.


Mr. Reese, in addition to Citizen pointing out Forum Rule #7 I'd also like to direct your attention to Forum Rule #3:

Keep the profanity to a minimum - and then, after you find yourselves using it, go back after you have reflected and edit it out, especially those F-Bombs! Though this area of the web site is a bit of free speech area, the threads necessarily reflect upon the open carry movement as the press and general public do read our postings. Please go back and search your posts and edit out those F-bombs, thanks!

Looking at your user info, you've been here a little over a month so I'll help you out by linking you to the complete list of forum rules so you can become better acquainted: http://opencarry.mywowbb.com/forum1/1.html

Regards, NSL
It's a shame there's no rule against backseat moderating because damn.
There is not only no rule against it - it is actively encouraged as it reduces moderator's overload.

That and we are cognizant that this forum is read by politicians, journalists as well as gunnys, wives and children. We are in the public eye; therefore, those that cannot/do not abide by the rules may find their stay here brief.

Yata hey
 

MatieA

Regular Member
Joined
Jan 25, 2009
Messages
400
Location
Egbert, Wyoming, USA
imported post

gnbrotz wrote:
MatieA wrote:
It sounds to me that he was covered under the Federal firearms transportation act, by having it in the trucnk in a locked box. Therefore it stands to reason that he did nothing illegal.
Matie, that only applies to "interstate" travel, meaning that your trip starts in one state and ends in another (and may or may not pass through other states along the way). Also, in order to be relevant, you must be permitted to lawfully possess the firearm in both the originating state as well as the destination.

That means I cannot leave PA and travel into MD and be covered by federal law, as it is unlawful for me to possess a handgun in MD. If I pass through MD and end my trip in WV or VA, I am covered, because I can lawfully possess a handgun in either of those states.

"Intrastate" travel (meaning you remain in one state) is not covered under federal transport regulations, and as already noted, PA law does prohibit "carry in a vehicle" unless traveling directly between specifically enumerated destinations/activities (See Pa Title 18, §6106)

Well, I am going to concede to your point althoughI will say in my defensethat I had ass-u-me d that the OP had traveled from Jersey to PA which would have made my point valid ( Ibelieved). I have been wrong before and I'm sure it will happen again.



Be Safe!

:lol:
 

Armond Reese

Banned
Joined
Oct 30, 2009
Messages
92
Location
Sixburgh, ,
imported post

Grapeshot wrote:
Armond Reese wrote:
nakedshoplifter wrote:
Armond Reese wrote:
Citizen wrote:
Penalty Flags!

For Reese and Roo.

For making statements about the PA law on carrying in a car with/without an LTCF withoutcites or quotes.

Forum Rule #7:

If you state a rule of law, it is incumbant upon you to try to cite, as best you can, to authority. Citing to authority, using links when avaiable,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.


Mr. Reese, in addition to Citizen pointing out Forum Rule #7 I'd also like to direct your attention to Forum Rule #3:

Keep the profanity to a minimum - and then, after you find yourselves using it, go back after you have reflected and edit it out, especially those F-Bombs! Though this area of the web site is a bit of free speech area, the threads necessarily reflect upon the open carry movement as the press and general public do read our postings. Please go back and search your posts and edit out those F-bombs, thanks!

Looking at your user info, you've been here a little over a month so I'll help you out by linking you to the complete list of forum rules so you can become better acquainted: http://opencarry.mywowbb.com/forum1/1.html

Regards, NSL
It's a shame there's no rule against backseat moderating because damn.
There is not only no rule against it - it is actively encouraged as it reduces moderator's overload.

That and we are cognizant that this forum is read by politicians, journalists as well as gunnys, wives and children. We are in the public eye; therefore, those that cannot/do not abide by the rules may find their stay here brief.

Yata hey
Individuals speak for themselves. Anyone who can't see that is an idiot.

On top of that, the internet isn't a "nice place," so "children" should always be supervised while using it. Failure to do so is on the parent, not on the internet.
 
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