If you are a licensed, responsible gun owner, a simple drive can still raise complicated legal issues. A routine traffic stop could quickly lead to misunderstandings with law enforcement or, in some extreme cases, arrests. It is your right to own a gun, but it’s your responsibility to transport it safely in your vehicles. That means you need to know how to store your firearm, how your carry license applies, and if there are ever any exceptions.

Even the most careful gun owner could still get in trouble with the law if there’s a misunderstanding. If you’ve been arrested or charged for carrying a gun in your car, contact a firearms defense lawyer in Chester County to start your defense.

Call (610) 436-1410.

What Are the Carry Rules to Have Firearms in a Vehicle?

Pennsylvania firearms laws can determine how you should carry your gun in your car.

Can I Carry with a Valid LTCF?

If you have a valid license to carry firearms, you may carry a handgun in your vehicle. If stopped by the police, you need to provide proof of that license if an officer requests it. If you don’t produce proof, it will increase your odds of an arrest. You can present your license at your initial hearing – otherwise, police can presume you do not have a valid license.

The LTCF does not override all other laws. There are still location-based restrictions and special Philadelphia rules you need to follow.

What if I Don’t have an LTCF?

Under Pennsylvania law, carrying a firearm in any vehicle or concealed on your person is a crime unless you have a valid license. The default charge is a third-degree felony. If you were otherwise eligible for a license and committed no other criminal violation, prosecutors may file a first-degree misdemeanor instead.

There are narrow exceptions to these situations. The statute contains specific exceptions that allow an unloaded firearm in your vehicle for limited purposes, such as going directly to or from a range, a place of purchase or repair, moving between residences, hunting or fishing with the appropriate license, or certain interstate travel scenarios. When you rely on an exception, keep the gun unloaded with ammunition separate, and go directly to your lawful destination without detours. You must be able to show evidence that you qualify for the exception if an officer lawfully demands it.

What if I’m Transporting Long Guns?

Long guns must be unloaded in a vehicle. Pennsylvania’s Game Code makes it unlawful to have any loaded firearm in or on a motor vehicle, with limited exceptions. This is separate from the Uniform Firearms Act and applies to rifles and shotguns.

What About Special rules in Philadelphia Or During Emergencies?

If you’re traveling through Philadelphia, no one may carry a firearm, rifle, or shotgun on public streets or public property unless licensed or covered by a statutory exception. This rule applies even to open carry. If you commute into or through Philadelphia, be sure your LTCF is valid and handy.

If there is a declared state or local emergency, open carry on public streets or property is restricted unless you are licensed or meet another listed condition.

How Do I Transport My Gun Correctly?

Use this checklist to reduce risk during a drive:

Confirm your status

Make sure your LTCF is current. If you are traveling under a statutory exception instead, know exactly which exception applies to your trip and be prepared to show documentation if asked.

Unload the firearm

Remove the magazine and any ammunition. Clear the chamber and visually check the breach or cylinder. Do not rely on “I thought it was empty.”

Separate and secure ammunition

Place ammunition in a separate container. Do not keep a loaded magazine inserted. Avoid locations where ammunition is readily accessible to the driver if you are relying on an exception.

Use a case

Keep the firearm in a case, preferably locked, and store it in the trunk or as far from the driver as feasible if your vehicle does not have a separate trunk.

Drive directly when using an exception

If you do not have an LTCF and are relying on a statutory exception, go straight to your destination and then straight home. Even “quick” stops for food can take you outside the exception. Keep receipts or range confirmations in the case to document your purpose.

How do I Interact with Law Enforcement?

You are required to produce your license upon lawful demand if you are carrying concealed or in a vehicle with an LTCF. Be polite, keep your hands visible, and do not handle the firearm during the stop.

What Common Mistakes Lead To Charges?

Even in the best of circumstances, mistakes drivers and gun owners make can lead to arrests.

  • Making detours while relying on an exception. The law expects direct travel to and from the permitted activity. Stopping for groceries or takeout can break the exception.
  • Treating a loaded magazine in the firearm as “close enough.” Loaded means ammunition present in the firearm. Keep it unloaded, with ammo separate, if you are not licensed and are relying on an exception.
  • Assuming an out-of-state permit is always valid. Some out-of-state licenses may be recognized, others are not. If your recognition status is unclear, do not risk it while driving in Pennsylvania.
  • Confusing the “firearm” definition. The Uniform Firearms Act’s use of “firearm” is narrower than everyday use. A long gun may not be a “firearm” for one statute but is still covered by the Game Code’s vehicle rule.
  • Thinking a glove box or center console is a safe harbor. Without an LTCF, that setup is typically unlawful for a handgun in a vehicle.

What Firearms Charges Can I Face for Illegally Transporting a Gun?

The possible charges will turn on whether you had a valid license, whether you were eligible for one, whether you were relying on a narrow exception, and the type of firearm involved.

Carrying a firearm in a vehicle without a license

Under 18 Pa.C.S. § 6106, driving with a handgun in your car (or carrying it concealed) without a valid License to Carry Firearms is usually a third-degree felony, punishable by up to 7 years in prison and up to a $15,000 fine. If you were otherwise eligible for a license and committed no other crime, it can be a first-degree misdemeanor, punishable by up to 5 years and up to a $10,000 fine.

Carrying on public streets or property in Philadelphia

Under 18 Pa.C.S. § 6108, carrying a firearm, rifle, or shotgun on public streets or public property in Philadelphia without a license or valid exemption is commonly charged as a first-degree misdemeanor, carrying up to 5 years in prison and up to a $10,000 fine. It is often filed alongside § 6106 if a vehicle is involved.

Persons not to possess firearms

If you are barred from possessing firearms under 18 Pa.C.S. § 6105 (for example, because of certain prior convictions or other disqualifiers), possession is typically a second-degree felony, punishable by up to 10 years in prison and up to a $25,000 fine. This can be charged in addition to any carry offense.

Proof of license

18 Pa.C.S. § 6122 isn’t a separate charge; it’s an evidentiary rule. If you’re carrying under an LTCF and can’t produce it at arrest or at the preliminary hearing, the law presumes you don’t have one unless you rebut it. That presumption can make your case harder but doesn’t add extra jail time by itself.

Loaded firearm in a vehicle (long guns included)

Under the Game Code, 34 Pa.C.S. § 2503, having a loaded firearm in or on a vehicle is generally a summary offense, with penalties that typically include fines and potential license consequences, and it can be charged in addition to Uniform Firearms Act offenses.

Collateral consequences can be harsh. Beyond fines and incarceration, a conviction can affect employment, professional licensing, immigration status, and your rights to possess firearms in the future. An early, informed defense strategy matters.

What do I Do if I’m Stopped With a Gun In My Car?

  • Stay calm. Keep both hands visible on the wheel. Avoid sudden movements.
  • Do not handle the firearm. Leave it where it is.
  • Answer basic identification questions. If you are carrying under an LTCF, you must produce it upon lawful demand.
  • Do not consent to a search. You have the right to decline consent. Be respectful and clear.
  • Do not explain your whole trip. Statements about where you stopped or why you stopped can make an exception fall apart. Ask to speak with an attorney.
  • Call a defense lawyer right away. Early intervention can sometimes prevent charges from being filed or help narrow them.

How Do I Defend Against Chester County Gun Crimes?

Every case is fact specific. Depending on your situation, a defense may include:

  • License or exemption defense. You had a valid LTCF or you fit a statutory exception and kept the firearm unloaded with ammo separate. Proof of range bookings, receipts for purchase or repair, hunting or fishing licenses, or moving documentation can help show you qualified.
  • Unlawful stop or search. If police lacked reasonable suspicion or probable cause, or if the search exceeded lawful scope, your attorney can seek suppression of the firearm and other evidence.
  • Constructive possession issues. In a shared vehicle, the government must prove knowing possession or control. Ownership documents and witness testimony may undercut the prosecution’s theory.
  • Insufficient evidence. The Commonwealth must prove every element beyond a reasonable doubt, including that the item meets the statute’s firearm definition and that you lacked a license or exemption.
  • Misidentification or location defenses. In Philadelphia or during emergencies, the government must also prove the location elements of the offense.

FAQs about Carrying Guns in Cars

Can I keep a loaded handgun in my glove box if I have an LTCF?

With an LTCF, you can carry a handgun in your vehicle. That said, best practice is to keep the gun holstered on your person or secured in a case, not loose in a glove box, to avoid confusion during a stop. Always follow safe handling and storage practices, and be ready to show your license.

If I do not have an LTCF, can I stop for food on the way home from the range?

No. If you are relying on the narrow “to or from” exceptions, the expectation is direct travel. Detours can remove you from the exception and expose you to § 6106 charges.

Are long guns treated differently?

Yes. The Uniform Firearms Act’s definition of “firearm” is narrower than everyday usage, so some provisions do not apply to ordinary long guns. However, the Game Code still prohibits loaded long guns in or on vehicles with limited exceptions, so you must keep them unloaded during transport.

Do I have to tell an officer I am armed during a traffic stop?

Pennsylvania law requires you to produce your license upon lawful demand if you are carrying a concealed firearm or a firearm in a vehicle with an LTCF. There is no separate universal “duty to notify” requirement, but voluntary, safe disclosure is often wise. Never reach for the firearm during the interaction.

Is my out-of-state carry permit valid in Pennsylvania?

Some out-of-state licenses are recognized. Others are not. Recognition can change. If you plan to rely on a non-Pennsylvania permit, confirm current reciprocity before traveling. When in doubt, apply for a Pennsylvania LTCF through your county sheriff.

What about motorhomes and campers?

Treatment can be fact specific. If you have an LTCF, you avoid many gray areas. If you do not, do not assume a motorhome will be treated as a residence for carry purposes while on the road. Keep firearms unloaded and follow the direct-travel rule if you are relying on an exception.

How A Chester County Gun Crimes Lawyer Can Help

An experienced defense lawyer can protect your rights at every stage:

  • Early intervention. In some cases, your attorney can clear up a misunderstanding with a prosecutor and prevent charges from being filed.
  • Charge negotiations. If charges are filed, counsel can seek to reduce a felony to a misdemeanor when you were otherwise eligible for a license and no other crime is alleged.
  • Motion practice. Your lawyer can challenge the stop, search, or seizure, and move to suppress evidence when police overreach.
  • Trial strategy. When the Commonwealth’s proofs are thin on key elements, such as whether a statute’s definition applies or whether you were within an exception with an unloaded firearm, trial may be the best path to an acquittal or a not-guilty verdict on the most serious counts. PA General Assembly+1
  • Collateral issues. A conviction can affect firearm rights, employment, licensure, immigration, and more. A defense built with these collateral consequences in mind can make a significant difference in your long-term outcome.

Contact a West Chester Gun Crimes Lawyer Now

If you have questions about your firearms charges, or if you were cited or arrested after a traffic stop involving a firearm, contact Chester County gun crimes lawyer Michael Skinner today.

Our team will listen your story, explain your options, and build the strongest possible defense strategy for your case. Call (610) 436-1410 or reach out online for a free and confidential consultation.

 

Article Author

Michael J. Skinner, the founder of Skinner Law Firm LLC, is a former prosecutor with the Chester County District Attorney’s Office.

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