Omar Bennett
In April 2021, Senator Cris Dush (R-25) filed SB 565, a bill that would have made Pennsylvania the 22nd state to enact constitutional carry, or permitless carry of a concealed firearm. The bill was referred to the Senate Judiciary Committee, but was vetoed by Governor Tom Wolf later that year. The bill would have affirmed the right of every person in Pennsylvania to keep and bear firearms without a permit, and eliminated restrictions on carrying firearms in Philadelphia. While some argue that constitutional carry would endanger people's lives, others point to studies that show no significant change in murder rates in states with constitutional carry.
| Characteristics | Values |
|---|---|
| Current status of constitutional carry in PA | Not passed |
| Bill number | SB 565 |
| Date of introduction | April 16, 2021 |
| Proponents | Senator Cris Dush (R-25), GOA Pennsylvania |
| Opponents | Governor Tom Wolf, Adam Garber (executive director of CeaseFirePA) |
| Current requirements for concealed carry in PA | Valid Pennsylvania License to Carry Firearms (LTCF) or a permit/license from a state with reciprocity with PA |
| Current requirements for open carry in PA | Allowed for anyone 18 or older who is legally allowed to possess a firearm |
| Current exceptions for concealed carry in PA | Law enforcement officers, retired law enforcement officers, security guards, on-duty military, people engaged in target shooting, hunting, fishing, trapping, and dog training (with a valid Sportsman's Firearm Permit) |
| Impact of constitutional carry on crime rates | No significant change in murder rates, lower level of assault and robbery offenses committed with firearms |
Explore related products
What You'll Learn
Open carry laws in Pennsylvania
Open carry is legal in Pennsylvania for anyone over the age of 18 who is legally allowed to possess a firearm. However, there are some important exceptions and limitations to this rule.
Firstly, a Pennsylvania License to Carry Firearms (LTC) or a permit/license from a state with which Pennsylvania has reciprocity is required to open carry in a vehicle and to open carry in Philadelphia. This is because Philadelphia is classified as a ""city of the first class", and open carry is prohibited in such cities without an LTC. Obtaining an LTC requires submitting an application to the sheriff of the county of residence, who then has 45 days to determine eligibility. Individuals with criminal records or certain characteristics that prohibit them from legally holding firearms may be denied authorization. It is worth noting that a License to Carry is not the same as a license to purchase a firearm; individuals must still complete a background check when buying a firearm from a licensed dealer.
Secondly, there are certain places in Pennsylvania that are off-limits for carrying firearms, whether open or concealed. These include schools, courthouses, and state parks (except while in a vehicle). Additionally, a district court ruled that the law banning the carry of firearms in a vehicle without a permit was unconstitutional, and the Pennsylvania Supreme Court has held that sometimes a visible firearm is considered a concealed firearm. This decision has created uncertainty about the definition of open carry.
While open carry is generally permitted in Pennsylvania, there is debate among firearm owners about whether it is advisable. In many urban areas, particularly Philadelphia, openly carrying a firearm may draw unwanted attention from law enforcement, potentially leading to negative repercussions such as questioning, seizure of the LTC, or arrest for charges like disturbing the peace.
Although Pennsylvania does not currently have constitutional carry, there are ongoing discussions and efforts to implement it in the state. Constitutional carry would allow individuals to carry their firearms outside of the home for self-defence, regardless of whether it is open or concealed. However, opinions on this matter vary, with some arguing that it would endanger people's lives and limit reasonable protections, while others see it as a step towards strengthening existing concealed-carry permits in a constitutional way.
Understanding Constitutional Carry: Rules and Regulations
You may want to see also
Concealed carry permits
In the United States, the right to keep and bear arms is protected by the Second Amendment. However, there are laws in place that regulate the possession and carrying of firearms, and these laws vary from state to state.
In Pennsylvania, it is a misdemeanor of the first degree to carry a firearm in a vehicle or concealed on one's body without a valid license, except in one's home or fixed place of business, if no other criminal violation was committed and the individual is otherwise eligible to possess a license. To lawfully carry a concealed firearm in Pennsylvania, an individual must possess a valid Pennsylvania License to Carry Firearms (LTCF) or maintain residency in, and possess a valid license/permit to carry a firearm from a state with which Pennsylvania has a current reciprocity agreement. Pennsylvania may issue a License to Carry Firearms to out-of-state residents who possess a valid concealed carry permit or license from their home state, although some Pennsylvania county sheriffs will not issue nonresident licenses to carry. A license to carry firearms in Pennsylvania is valid for five years from the date of issue and applies to any legal firearm carried in conjunction with a valid hunting, furtaking, or fishing license, or permit relating to hunting dogs. It is important to note that a Sportsman's Firearm Permit, which can be obtained by individuals who are licensed to hunt, trap, or fish, is not a license to carry a firearm concealed.
Open carry is legal in Pennsylvania for anyone 18 or older who is legally allowed to possess a firearm. However, there are certain areas where firearms are prohibited, including schools and courthouses. Additionally, the Pennsylvania Supreme Court's decision in Commonwealth of Pennsylvania v. Darren Montgomery has created uncertainty about the definition of open carry, as it held that sometimes a visible firearm is considered a concealed firearm.
In April 2021, Senator Cris Dush (R-25) filed SB 565, a bill that would have made Pennsylvania a "constitutional carry" state, allowing individuals to carry a concealed firearm without a permit. However, Governor Tom Wolf vetoed this bill in December 2021. The bill would have eliminated the requirement for a permit to carry a concealed firearm and removed restrictions on carrying firearms on public streets or public property in Philadelphia. Proponents of the bill argue that it would affirm the constitutional right of Pennsylvanians to keep and bear arms without restrictions. On the other hand, opponents of the bill, such as Adam Garber of CeaseFirePA, argue that it would endanger people's lives and limit reasonable protections.
Indiana Senate: Constitutional Carry Vote Imminent
You may want to see also
The impact of constitutional carry on crime rates
Research on the impact of constitutional carry laws on crime rates has yielded mixed results. Some studies suggest that states with constitutional carry laws have experienced a decrease in violent crime rates. For example, New Hampshire saw a significant decline in violent crime rates after the implementation of permitless carry legislation, dropping from 199.8 per 100,000 people to 125.6 per 100,000. Tennessee, Missouri, and Maine also witnessed substantial decreases in violent crime rates following similar legislation.
Additionally, a study by Lott and Mustard in 1997 concluded that states with "shall-issue" laws, where permits are granted to applicants who meet certain qualifications, saw significant reductions in violent crime, murder, rape, and assault rates. This "more guns, less crime" conclusion sparked controversy and prompted further research into the complex relationship between gun policies and crime rates.
However, the impact of constitutional carry laws on homicide rates is uncertain. While some studies suggest a negative relationship, indicating a slight decrease in homicide rates, the results are not always statistically significant. For instance, a study by Hamill et al. in 2019 found no significant shifts in homicide rates when states liberalized their concealed carry laws. Similarly, Smith and Petrocelli's 2018 study on handgun-related crime in Tucson, Arizona, did not find a notable impact of permitless carry on crime rates.
It is worth noting that the research on liberalized carry laws is not without controversy, and the interpretation of data can vary. As of March 2024, 29 states in the US have implemented permitless carry laws, impacting approximately 46.8% of Americans. The complex nature of crime data and the multitude of factors influencing crime rates make it challenging to isolate the direct impact of constitutional carry laws.
Missouri Constitutional Carry: Honored in Colorado?
You may want to see also
Explore related products
The Supreme Court's concealed carry ruling
The Supreme Court's ruling on concealed carry permits has brought to light the differences in gun laws across the United States. The Court's decision, written by Justice Clarence Thomas, struck down New York's handgun-licensing law, which required individuals to show a special need to defend themselves to obtain a permit to carry a handgun in public. The Court's ruling, based on an extensive review of historical sources, concluded that there was no tradition of a broad prohibition on carrying commonly used guns in public for self-defence. This decision has widened the interpretation of Second Amendment rights, and states with similar laws are now re-evaluating their positions to protect both gun rights and public safety.
The ruling has brought to light the differing opinions on gun control. Adam Garber, executive director of CeaseFirePA, stated that the ruling will "endanger people's lives and limit reasonable protections." On the other hand, supporters of the ruling argue for constitutional carry, allowing individuals to carry firearms outside the home for self-defence, whether open or concealed. The ruling has also provided a pathway to strengthen existing gun safety laws, with Justice Kavanaugh concurring that the ruling does not invalidate licensing requirements such as background checks and firearms training.
Pennsylvania's gun laws have been impacted by this ruling, with the state's Supreme Court decision in Commonwealth of Pennsylvania v. Darren Montgomery creating uncertainty about the definition of open carry. While open carry is legal in Pennsylvania for those over 18 who can legally possess a firearm, the ruling has blurred the lines between open and concealed carry. Pennsylvania's License to Carry Firearms (LTC) is valid for five years and allows individuals to carry a firearm in conjunction with a valid hunting or fishing license. The state also has reciprocity agreements with other states, recognising their permits.
The Supreme Court's ruling has significant implications for gun laws across the nation. It has brought into question the regulations and requirements for obtaining a concealed carry permit, and states are now navigating the balance between upholding Second Amendment rights and ensuring public safety. The decision has opened the door for challenges to other gun laws and has sparked discussions about the impact on public health, with concerns about potential increases in gun violence.
Missouri's Constitutional Carry: What You Need to Know
You may want to see also
The impact of constitutional carry on gun safety laws
Pennsylvania is generally an open-carry state, meaning individuals over 18 who are legally allowed to own a firearm can openly carry one without a permit. However, there are some exceptions to this rule. For example, a concealed carry license (LTCF) is required to carry a firearm in Philadelphia. Open carry is also not allowed in certain places such as schools, courthouses, and federal buildings.
Pennsylvania law does not require applicants for a License to Carry Firearms (LTC) to undergo firearms safety training or demonstrate knowledge of firearms safety. However, the USCCA recommends that anyone who chooses to carry a concealed firearm obtain as much training as possible to be a responsibly armed American.
On the other hand, opponents of constitutional carry argue that it would endanger people's lives and limit reasonable protections. They point out that the ruling does not bar states from imposing licensing requirements like background checks and firearms training. In fact, Pennsylvania already has some gun safety laws in place, such as background checks on all handgun sales and a law to keep guns out of the hands of domestic abusers.
While there are arguments on both sides, the impact of constitutional carry on gun safety laws in Pennsylvania is difficult to predict. It is important to note that any changes to gun safety laws should be carefully considered to ensure the safety of the public while also respecting the rights of citizens to bear arms.
Constitutional Carry in North Carolina: What's the Latest?
You may want to see also
Frequently asked questions
In April 2021, Senator Cris Dush (R-25) introduced SB 565, a bill that would have made Pennsylvania the 22nd state to enact constitutional carry, or permitless carry of a concealed firearm. However, in December 2021, Governor Tom Wolf vetoed the bill.
If SB 565 had passed, it would have affirmed the constitutional right of every person in Pennsylvania to keep and bear firearms without a permit. This includes the right to carry firearms openly or concealed, loaded or unloaded. The bill would have also eliminated restrictions on carrying firearms on public streets or public property in Philadelphia.
In Pennsylvania, open carry is legal for anyone 18 or older who is legally allowed to possess a firearm. To carry a firearm in a vehicle or in Philadelphia, a Pennsylvania License to Carry Firearms (LTC) or a permit/license from a state with reciprocity agreements with Pennsylvania is required.
