Carry Permit Limitations

January 11, 2016

Note: The state of Philadelphia had established an ordinance to prohibit firearms in city parks. Until the court approves the ordinance, individuals must not carry their firearms in Philadelphia City Parks.

Title 18, Section 913. Possession of firearm or other dangerous weapon in court facility.
”Offense” is defined as an act of:
a. possessing a firearm or any deadly weapon in a court facility (Considered as misdemeanor of the third degree)
b. possessing a firearm or any deadly weapon in a court facility with the intention of using the firearm in a crime (Considered as misdemeanor of the first degree)

Court facilities must be posted with “No Gun” signs in their buildings’ public entrance and any individual should not be convicted with an offense if there are no such signs posted on the facilities. Court facilities of counties shall have lockers or other facilities that can provide for the temporary checking of firearms by individuals who are carrying. Receipts should be issued for checking the firearms. The location of the facility shall be posted along “No Gun” signs at public entrances.

Title 18 § 912. Possession of Weapon on School Property.
• ”Weapon” refers to knife, cutting tool, firearm, shotgun, rifle, or other instrument that can inflict bodily injuries.
• “Offense” is defined as possessing a weapon in the establishments used by elementary and secondary public schools, elementary and secondary parochial schools, and elementary and secondary private schools registered to the Department of Education.
• “Defense” means possessing a firearm in educational institutions for a school activity authorized by the school or other lawful purposes.

Title 18 Subchapter B. § 5122. Weapons or Implements for Escape.
A first degree misdemeanor is committed if an individual unlawfully possesses a firearm in a detention facility, mental hospital or correctional institution, or if an individual provides a weapon or other tools that can be used for escaping for the inmates.

Note: Pennsylvania law does not clearly define a “mental hospital.” There are hospitals with a mental ward, and it is very confusing if a firearm will not be allowed in the mental ward only or in the whole hospital.

Title 61 § 5902. (e) Weapons in Detention Centers.
Selling or providing an inmate with a weapon or any tool that can be used for escape or carrying a firearm or dangerous weapon in any correctional institution in Pennsylvania is not allowed by the law.

PA Admin Code Title 49 Chapter 61.
Use of Public Areas Outside the Capitol Complex—Statement of Policy

§ 61.1. Additional Jurisdiction Over Properties.
The offices of Bureau of Professional and Occupational Affairs, Department of State, Bureau of Enforcement and Investigation and State Athletic Commission are considered as public areas.

§ 61.2. Office Hours
Such offices are open for the public from 8 am to 5 pm, except for weekends and holidays. These offices shall post the hours when they are open to the public. Without notice, the facilities may be closed after the proclamation of a state of emergency or a situation that puts the public in danger.

§ 61.3. Firearms and Weapons.
The law prohibits possession of firearms and other dangerous weapons while on the premises of the Department. Exceptions apply to the federal officers who are carrying firearms as part of their official duty.

Title 34 § 2525. Individuals who possess PA carry permits or carry permits from the states honored by Pennsylvania are allowed to carry their firearms during hunting.