Can I Carry a Firearm on Halloween

The leaves are starting to turn and the smell of pumpkin spice is in the air!

It’s trick-or-treat time again and we’re often asked about whether or not you can carry a firearm while you’re trick-or-treating.

While there’s no laws that say anything about carrying a firearm on a particular day in October, knowing who is planning to carry and where the trick-or-treating will happen will answer the question for you.

Who can carry?

If you have a license to carry a firearm you may carry concealed or open anywhere in the state provided that you are not in a prohibited location.

If you do not have a license to carry you may still open carry your firearm unless you’re in Philadelphia which requires a license to carry open as well as concealed.

Where can you carry?

There are certain areas that are off limits all the time. Keep this in mind when you’re trick-or-treating.

For example, many schools now have an offering of an indoor trick-or-treating event as a safe alternative to a traditional door-to-door. If you’re trick-or-treating in a school you cannot carry a firearm with you while you do so. There are also many malls that offer similar trick-or-treat experiences. While there’s no law in Pennsylvania that says malls are off limits for firearms, a mall can, like any private property owner, prohibit the carrying of firearms. If you head to a mall check for a no gun sign.

If you’re going door-to-door in your neighborhood, be aware of your surroundings. If you get invited to someone’s house remember that they have the right to exclude you and your firearm if they want.

What about a party at your church?

Like malls they are not necessarily off limits unless the church specifically has a no no-gun policy. Keep in mind however that if the church houses a K-12 school at any part of the church building or grounds, then carrying at that church is always prohibited. School rules control in this situation.

Finally, there are many public festivals and events where you can celebrate. Halloween festivals are not prohibited places for carrying a firearm unless they are being held in an already off-limits location or an establishment that prohibits firearms. For example if you want to celebrate Halloween at Hershey Park After Dark, park policy specifically prohibits weapons of any kind. It is always a good idea to check the venue rules before heading out so you’re not disappointed.

So be safe and be informed and have fun!

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PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.