Concealed Carry and Act 746

Discussion in 'Campfire' started by SUPERMAG, Jun 19, 2013.


    SUPERMAG Well-Known Member

    Alright, who's got an opinion on the supposed "constitutional carry" bill that passed (Act 746). I've been "schooled" so to speak, on how that, when this goes into effect, you can carry a handgun without a license. I've read thru it multiple times, and I just can't see it.

    The floor is now open.......
  2. Buckrub

    Buckrub Well-Known Member

    You can IF you are on a journey, which is now defined as leaving your county. Don't see much else Act 746 does other than that.

  3. bmccullough1

    bmccullough1 Well-Known Member

    I agree except that someone is going to get to be the guinea pig to see how the courts are going to interpret. I heard you had volunteered to be the 1st!!;)

  4. Buckrub

    Buckrub Well-Known Member

    I can't. I don't have any small weapons. Just small hands.
  5. Please point out where the act forbids the carry of a weapon with the new language.
  6. sricen

    sricen Super Member<br>2014-15 Bow Hunting Contest Winner

    Spoke to my local Sheriff and he said you can open carry in the car, but when you get out at the gas station you better cover it up or put it up.

    SUPERMAG Well-Known Member

    In the pdf file I have, it states in Section 1, Paragraph E:

    "It is permissible to carry a handgun under this section IF at the time of the act of possessing a handgun or firearm:" and goes on to list the times when its "allowed".

    Section 2 defines carrying a weapon. This is where some people think that its become "decriminalized" to carry a handgun. This is the section that they added "to attempt to unlawfully" employ the handgun, knife, or club as a weapon against a person.

    Then it defines the "weapons", and a "journey". It also goes on to repeat Sec. 1, Paragraph E, and also repeats the times when carrying a handgun is allowed.

    I'll try to upload the pdf file I'm pulling this from. It can be found at
  8. And you still haven't pointed out where the new act forbids legal carry of a weapon.

    It tells you where you can over and over.....but they removed the language that forbid carry of a weapon that could be used against a person.
  9. The act says nothing along those lines.

    SUPERMAG Well-Known Member

    I didn't it say it forbid carry. But it does tell you WHEN you can carry. So, common sense leads me to believe, that if it expressly tells you when it is permissible to carry a handgun, the other times, it would not be.
  11. alexanderg23

    alexanderg23 Well-Known Member

    A person commits the offense of carrying a weapon if he or she
    possesses a handgun, knife, or club on or about his or her person, in a
    vehicle occupied by him or her, or otherwise readily available for use with a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against a person.

    boom end of subject, journey has nothing to do with it. Constitutional Carry

    SUPERMAG Well-Known Member

    So this will makes your CHL null and void?

    If this is the 'end of subject', why did they go to the trouble of telling you when you could carry? Why didn't they strike that paragraph altogether?

    I'm not trying to play devils advocate here, but I am trying to figure out the contradicting sections of the Act. One section says you can carry as long as you don't "unlawfully" employ it against someone. Then the next section, immediately following the definitions of the 'weapons', it tells you when it's permissible to carry a handgun.
  13. As usual, the act is written in smoke and mirrors font! Open to interpretation by various and sundry law officers and prosecuters, according to their individual opinions. When some "John Wayne complex" toting city marshal decides that he can make a name for himself by arresting an otherwise law-abiding citizen for carrying, we will have to get the Supreme Court to tell us what the legislature REALLY meant.
    What we need is for the AG to explain, in plain English, what the act says. Until then, I am going to continue the way I have for over 10 years.
  14. So a prosecutor is going to charge you with carrying without permission? That is weak at best..... and one part of the law doesn't necessarily impact another.

    Laws generally are not implied.
  15. They snuck this through the legislature.
  16. farmdub

    farmdub Well-Known Member

    What I read is you can't "unlawfully" carry. So as long as you don't plan to shoot someone you can carry?
  17. bmccullough1

    bmccullough1 Well-Known Member

    Your CCL is still valid and you need it for when you travel out of state to a state with reciprosity and when you are not leaving the county you live in.

  18. angus

    angus Well-Known Member

    I understand what the law says. I also understand what the head of the State Police says , supported actively by our governer and implicitly by our AG. Anyone who wants to test the law can, and then, "they will be promptly arrested by the State Police".

    And note the police will not be out any money, using our tax moneys to prosecute the unfortunate person in question. But whoever is arrested will be out both money and time unless they find a "Pro Bono" defense lawyer.And they may well be found guilty in that one might assume that the state will do all they can to take the case to a "friendly" (make that anti gun) judge.

    But that said, I do hope some brave soul is actually willing to test it on day one. I will be rooting for them!, and if nec., will gladly contribute a bit to their defense fund. The ONLY way this will be sorted out is in the courts, regardless of what we feel the law actually says. It might not be right...but its true.
  19. Cache_Swamp

    Cache_Swamp Well-Known Member

    I think you should still take the class to get concealed or open carry but it should be a free class and free permit. Having to pay to protect yourself seams to a little dumb
  20. Hill Farm Hunter

    Hill Farm Hunter Well-Known Member

    My understanding is the first section lists when you can and the second section means you can't do what the first section says you can if your intent is to use the weapon illegally. It does NOT mean open carry.