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January 14th, 2012, 09:35 PM #21Member
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Dover,
Pennsylvania
(York County) - Posts
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Re: If an officer asks to see your weapon?
In 30 years of carrying I've been asked twice about my weapon after the officers saw my LTCF next to my driver's license. One just asked where the gun was located. The other wanted to examine my LTCF to make sure it was valid and asked if there was a round in the chamber. Neither asked to see the weapon.
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January 14th, 2012, 09:39 PM #22
Re: If an officer asks to see your weapon?
Would advise against lying to an officer. It will in no way help your situation. Theres no need to. If the traffic stop leads to you getting out of the car, police can give you a simple "pat down" and if a gun is discovered or you then change your story and say you now have a gun your in trouble.
You do not have to answer. Simply say I am exerise my 5th amendment right to remain silent and I would like to speak to a lawyer before answering any questions. Really its that simple.
Now the "ball" will be in his court. Will he take you to the police station and arrange for a lawyer to continue asking you simple questions? Probably not.Jesus Christ is LORD. PM for a free Bible, shipping included! Bilbles sent - 5
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January 14th, 2012, 09:42 PM #23
Re: If an officer asks to see your weapon?
Back when I was nice to cops I had plenty of issues. Now I dont tell them shit, refuse to lower any window other than my drivers side and I do not wind that the entire way down. I will not turn on my interrior lights and leave my car running with radio on, though ill turn it down.
I get warnings, and iv been pulled over ALOT. I used to drive fast.
OP, dont tell them you have a firearm and that wont be of any concern. If they know of it and insist on removing asking to clear the gun is your only option. Dont just grab it.Last edited by leplat; January 14th, 2012 at 09:46 PM.
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January 14th, 2012, 10:03 PM #24
Re: If an officer asks to see your weapon?
"Stupid people are ruining America." --Herman Cain
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January 14th, 2012, 10:12 PM #25Banned
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Peaceburgh,
Pennsylvania
(Allegheny County) - Posts
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January 14th, 2012, 10:23 PM #26
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January 14th, 2012, 11:08 PM #27
Re: If an officer asks to see your weapon?
Its never been an issue for me but if I was asked if I had a firearm during a traffic stop I would definately not inform him that I am. In my mind, the safest thing for myself and the officer is to not let him know Im armed until its obvious that he may find out by accident (such as making me step out of the vehicle or searching me)
A couple of you have said it would be illegal to lie and say "NO", is there case law or statutes to back that up? Ive never heard of anyone being charged for lieing unless they are sworn.
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January 14th, 2012, 11:10 PM #28Senior Member
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philly,
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January 14th, 2012, 11:32 PM #29Grand Member
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Harrisburg area,
Pennsylvania
(Dauphin County) - Posts
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Re: If an officer asks to see your weapon?
There's a big difference between keeping silent and lying.
It may or may not be a crime to give a false oral statement to a state officer in PA (I've seen it argued both ways here, without evidence that convinced me either way). It is absolutely not a crime to remain silent in the face of a question like that.
It IS a crime to give a false oral statement to a federal investigating officer. So be particularly careful what you say to, e.g., National Park Service rangers.I am not a lawyer. Nothing I say or write is legal advice.
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January 14th, 2012, 11:48 PM #30
Re: If an officer asks to see your weapon?
I'd love for all police officers to be "the good guys", knowledgeable, professional, and "on our side". Many are. Entirely too many however, are not. And if an issue does occur, unless you've maintained your legal rights, you may be at a huge disadvantage right from the outset.
A friend, an attorney who taught the legal portion NRA requires in the Personal Protection in the Home and Personal Protection Outside the Home, stressed the critical nature of remaining calm, neutral, and not volunteering information. The main reason not to do so is there is no upside. It cannot help you. But potentially, volunteering more information than necessary can sink you later on.
Do some searches on PAFOA for some of the incidents that have occurred involving members of the site and non-members alike. Traffic stops, open carry, licensed concealed carry, accidentally being forced by traffic onto the bridge ramp headed for New Jersey - there's a lot to be learned.
Why would they (law enforcement) ask? They ask lots of things, all the time- because they are fishing... looking for things unrelated to the business at hand - in this example, the traffic stop- and often the situation deteriorates.
In some cases, a police officer "disarming you for safety" is so unfamiliar with the operation of the firearm you are carrying that the situation becomes MORE dangerous. They flat out do not know how to clear THAT firearm and make it safe. There is always the possibility that a firearm being handled can be accidentally or negligently discharged. It is generally safer for all concerned if it can simply remain secured in a proper holster, with no one handling it.
It is true that there is more public support nation wide for 2A rights, and more states than ever before now offer some form of legal gun ownership, and/or carry.
But the simple fact of the matter is that the legal system (and much of the public) still has great antipathy for even the law abiding gun owner, and would rather that those rights didn't exist. Unless we know and exercise them correctly, they won't.Last edited by PA Traveler; January 14th, 2012 at 11:53 PM.
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