Duty to Inform? FOAC Says YES!
Was at a town hall meeting tonight about firearms laws and rights hosted by our district state rep, our county sheriff, a game comission officer and Kim Stolfer, president of FOAC. Kim was asked by a member of the audience about "duty to inform" at a traffic stop. Here is a transcript of the discussion...
Audience member: "What is the actual law, I now there's rights but the law as far as, is there a duty to inform in Pennsylvania?"
Kim Stolfer: "No. This gentleman asked what's the law, there is no duty to inform in Pennsylvania law that you have a firearm. If you're in a vehicle and they ask, yes, you have to tell them. You're on the street, you don't have to tell 'em. You don't have to give 'em ID or anything."
Another Audience Member: "Where does it say that you have to inform them if they ask?"
Kim Stolfer: "It's right in the law, section 6109."
Hmmmmm...
Re: Duty to Inform? FOAC Says YES!
Should have asked him if Open Carry is legal too.
Re: Duty to Inform? FOAC Says YES!
He may have it confused with the duty to provide the license upon demand, when carrying in reliance on that license;
§ 6122. Proof of license and exception.
(a) General rule.--When carrying a firearm concealed on or about one's person or in a vehicle, an individual licensed to carry a firearm shall, upon lawful demand of a law enforcement officer, produce the license for inspection. Failure to produce such license either at the time of arrest or at the preliminary hearing shall create a rebuttable presumption of nonlicensure.
(b) Exception.--An individual carrying a firearm on or about his person or in a vehicle and claiming an exception under section 6106(b) (relating to firearms not to be carried without a license) shall, upon lawful demand of a law enforcement officer, produce satisfactory evidence of qualification for exception.
Re: Duty to Inform? FOAC Says YES!
Quote:
Originally Posted by
GunLawyer001
He may have it confused with the duty to provide the license upon demand, when carrying in reliance on that license;
§ 6122. Proof of license and exception.
(a) General rule.--When carrying a firearm concealed on or about one's person or in a vehicle, an individual licensed to carry a firearm shall, upon lawful demand of a law enforcement officer, produce the license for inspection. Failure to produce such license either at the time of arrest or at the preliminary hearing shall create a rebuttable presumption of nonlicensure.
(b) Exception.--An individual carrying a firearm on or about his person or in a vehicle and claiming an exception under section 6106(b) (relating to firearms not to be carried without a license) shall, upon lawful demand of a law enforcement officer, produce satisfactory evidence of qualification for exception.
That's exactly what I thought too but it was made clear a few times leading into this discussion that the firearm itself was being addressed not the license.
6109 doesn't even apply here at all so I'm not sure why he referenced it. 6122 says nothing about the firearm.
Re: Duty to Inform? FOAC Says YES!
Quote:
Originally Posted by
Emptymag
Should have asked him if Open Carry is legal too.
They talked about open carry and someone told them at the end they forgot to mention the state of emergency requiring the LTCF to open carry as well as mentioning Philly's laws requiring it.
Re: Duty to Inform? FOAC Says YES!
Quote:
Originally Posted by
GunLawyer001
He may have it confused with the duty to provide the license upon demand, when carrying in reliance on that license;
§ 6122. Proof of license and exception.
(a) General rule.--When carrying a firearm concealed on or about one's person or in a vehicle, an individual licensed to carry a firearm shall, upon lawful demand of a law enforcement officer, produce the license for inspection. Failure to produce such license either at the time of arrest or at the preliminary hearing shall create a rebuttable presumption of nonlicensure.
(b) Exception.--An individual carrying a firearm on or about his person or in a vehicle and claiming an exception under section 6106(b) (relating to firearms not to be carried without a license) shall, upon lawful demand of a law enforcement officer, produce satisfactory evidence of qualification for exception.
Does this mean a demand to see the license while open carrying in Philadelphia, or open carrying during a state of emergency, may be lawfully ignored/declined? Since the statute only mentions concealed and in a vehicle.
Re: Duty to Inform? FOAC Says YES!
When you get pulled over, the officer may already know if you have one or not. When an officer calls out a stop, we run the plate and the name, we are then to inform the officer if there is a carry license associated.
Re: Duty to Inform? FOAC Says YES!
Quote:
Originally Posted by
The Unknown 1087
When you get pulled over, the officer may already know if you have one or not. When an officer calls out a stop, we run the plate and the name, we are then to inform the officer if there is a carry license associated.
First, it's probably safe to assume this is something that varies from one department to the next.
Second, the driver having a license to carry is not proof that a firearm is currently present in the vehicle.
Last, the discussion is about whether or not there is a LAW in PA which obligates the driver to inform the officer if he is carrying a firearm. There is not.
Re: Duty to Inform? FOAC Says YES!
Quote:
Originally Posted by
marinville
First, it's probably safe to assume this is something that varies from one department to the next.
Second, the driver having a license to carry is not proof that a firearm is currently present in the vehicle.
Last, the discussion is about whether or not there is a LAW in PA which obligates the driver to inform the officer if he is carrying a firearm. There is not.
This was always my understanding as well. It's frustrating when we keep getting conflicting information from people who lead organizations who should know better.
Re: Duty to Inform? FOAC Says YES!
Quote:
Originally Posted by
Mr_Gixxer
This was always my understanding as well. It's frustrating when we keep getting conflicting information from people who lead organizations who should know better.
Don't forget, in advance of the Pittsburgh rally, FOAC officers were telling folks that it was illegal for them to carry long arms during the state of emergency, regardless of LTCF.