First experience with LEO while carrying.

[KnightZero]

So, I will admit my stupidity up front. I was speeding last night when I was pulled over - I'm a bit of a leadfoot and my mind was in other places. Its a bad combination to have when the Rt. 30 bypass is clear of traffic.

Once on the side of the road, I handed the officer (State Police) my LTCF along with my drivers license, and informed him that I was carrying my Walther P22. The office requested that I surrender the weapon, and returned to his cruiser. After about 45 minutes, and the arrival of a second cruiser, the officer returned to my window and requested that I step out of the car. I was placed in cuffs as they informed me that my weapon's serial number could not be found in the PICS registry, and that my permit was not showing up in their database. I was taken to the police barracks, and my vehicle was impounded.

I informed the officer of the location where I purchased my weapon, a day before I received my LTCF. He checked with the seller, and verified that I had purchased the weapon on the very day I stated, they verified the serial number and my PICS approval. PICS was able to verify, once given the approval number, the serial and purchase location/date of the weapon. However, they did not provide my name (I'm lead to believe that the state does not keep records of the person who made the purchase.) My gun is being held by the State Police pending another PICS check, and my car was impounded, which resulted in me walking from Avondale to Coatesville.

Here's my question - do I have any proper legal recourse here. I called the Chester County Sheriff's office to verify my LTCF, and was able to ensure that it was valid. I also know that my weapon was purchased legally. Any advice would be extremely helpful.

[Pa. Patriot]

Yes, if your story is accurate, then what they did was completely illegal.

The serial number on your handgun does not have to match the number in their (non-existent) illegal database.

Essentially they stole your firearm.

I don't have time to post more now. Meanwhile, here is a similar thread. Unfortunately the OP from that other thread (on ar15.com) is long gone.
http://www.pafoa.org/forum/pennsylva...hawley-pd.html

[Pa. Patriot]

Please tell me you got the biz cards/info on all the officers involved?

You will need to file complaints and optionaly criminal charges against the officers involved.
First thing you need to do is file under PA's "Right to Know" law. (similar to FOIA) to obtain the call details for support of your claim of illegal conduct.
Info for PSP request is here:
http://www.psp.state.pa.us/psp/cwp/v...p?a=4&q=160408

I will send a sample request letter to you via PM.

[headcase]

I am not going to go off here, just please follow Pa. Patriot's advice here. This stuff needs to be followed through with. Stand up and fight this. Please.

[medik212]

What's the deal with them "running your serial" anyhow? I thought that they ran it to make sure there were no incidents related to a certain serial, i.e. stolen/lost weapon. What exactly is kept on "record," and how can a mistake like this justify arrest and confiscation of an individual's property?

[headcase]

Originally Posted by medik212

What's the deal with them "running your serial" anyhow? I thought that they ran it to make sure there were no incidents related to a certain serial, i.e. stolen/lost weapon. What exactly is kept on "record," and how can a mistake like this justify arrest and confiscation of an individual's property?

It can't. If this is on the level, the officers involved need to be sued, charged, and fired. Their department needs to be sued.

[normanvin]

Did you get a recipt for the handgun?

[shooter357]

GET AN ATTORNEY!!!
Make sure you you have ALL info related to what happened. As long as you and your weapon is legal they cannot take it from you. Something is mentioned in the Constitution about that. Oh yes, the 2nd Ammendment.

[Pa. Patriot]

Originally Posted by medik212

What's the deal with them "running your serial" anyhow? I thought that they ran it to make sure there were no incidents related to a certain serial, i.e. stolen/lost weapon. What exactly is kept on "record," and how can a mistake like this justify arrest and confiscation of an individual's property?

I stated above: "The serial number on your handgun does not have to match the number in their (non-existent) illegal database." Therefor there is no violation they can hold the property for.

There are numerous ways to acquire a handgun in PA that will not result in your ser# being on the PSP's illegal database.

Additionally, they have no cause to run the firearm in the first place.

Not to get off on a tangent, but this is precisely why you should always refuse consent to seizure of your private property. If you refused consent to seize your handgun they would have to seize it without cause or a warrant. If you fail to refuse they will later claim they "asked"/requested and you complied. You have no viable comaplaint against an action you voluntarily complied with. I'm unsure if the OP refused or not but wanted to illustrate this minor point, but it is important in these incidents.

Big thing now is to complain/file against the illegal seizure and golding of the OP's property that is not related or involved in any criminal activity.

OP, I will PM you a "Right to Know" request template letter asap.

[1911]

I would suggest that you find an attorney today.