Pennsylvania Firearm Owners Association
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  1. #61
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    (Erie County)
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by DaveM55 View Post
    Your first post says an officer can't ask you any questions until they advise you of your rights which is NOT true.

    I am more to the point. You don't have to be. Be comfortable.
    Quote Originally Posted by Aggies Coach View Post
    Cause white people are awesome. Happy now......LOL.

  2. #62
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    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by unclejumbo View Post
    A traffic stop is, for practical purposes, a Terry stop;t
    Except that Gant puts some more limits on that, which you may not be aware of but you need to be. Gant means there are more restrictions on when and what you're allowed to search at a traffic stop than would necessarily be true if a traffic stop met all the requirements under Terry. You're not supposed to be allowed to fisk someone if the only thing you have is evidence of a traffic infraction, for example.

    Of course it doesn't stop fishing expeditions which prey on the fact that people are naturally fearful of police, especially when they've been fed a steady diet of COPS for the last 20 years.

  3. #63
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by PA Traveler View Post
    . . .
    It is legal for a police officer to lie to you. It is not legal for you to lie to him. Expect things to go badly when (if) it is discovered that you have. It IS legal not to answer questions and in fact, if you are not being detained (Officer, am I being detained or am I free to go?") it is even legal to leave.. . .
    Lots of replies, I didn't read them all.

    In fact, it is NOT illegal for you to lie to a Pennsylvania LEO, unless you're lying to implicate some other person, or you're lying under oath (in which case, you're not talking to an LEO, you're talking to a court or to lawyers in a deposition.) You don't want to commit unsworn falsification, as is mentioned on the some gun purchase forms, but that requires a written document or some other tangible false evidence.

    Mostly, lying to Pennsylvania cops is not a crime. If they catch you doing it, they will be pissed off, but since they're already using the power of the state to pry into what you have in your possession, without the hassle of a warrant, I'd say that we aren't all buddies anyway.

    Don't lie to Feds. That IS a crime, and that's why I tell you to never, ever talk to Feds, not without counsel, not without a compelling reason. If your wife is kidnapped and the FBI asks, then sure, talk to the FBI. For most other situations, remember Martha Stewart and Scooter Libby, and the fact that if they had just shut their mouths, they'd never have even gone to trial.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  4. #64
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by Gun View Post
    Tell the officer that until he advises you of your rights, he can
    not ask you any questions.
    There are knowledgeable people who post the facts and the law, and there are people who just make things up. You are not among the former group.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  5. #65
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    Jan 2012
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    Philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by Blastem View Post
    Just a scenario if you were pulled over on a traffic stop and the officer asked if there are any weapons in the car and you disclose that you are in posseion of a gun with a LTCF. I know that it is a touchy subject regarding the officer taking your firearm from you during a stop which has nothing to do with your gun, but is demanded they want to take possesion of the firearm. My question is I never feel safe handing someone a loaded gun that I dont know! Reason I ask is a few years ago while hunting I had a WCO check my information in the field and asked to see my rifle. I started to unload it an he said it was not necessary to unload it. I said yes it is I dont know you. Can I say/do the same thing if my firearm is requested by an officer? I dont feel safe handing anyone a loaded firearm without me knowing they can properly handle it (loading, unloading, proper operation, etc)
    It's standard protocol to ask if any toys are in the car, it's nothing personal, at least not from my perspective. I wouldn't suggest making a big deal out of it, some of us are firearms lovers as well.
    Last edited by Heckler N Koch; January 16th, 2012 at 12:22 AM.

  6. #66
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    Dec 2009
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    Allentown, Pennsylvania
    (Lehigh County)
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by Heckler N Koch View Post
    It's standard protocol to ask if any toys are in the car, it's nothing personal, at least not from my perspective. I wouldn't suggest making a big deal out of it, some of us are firearms lovers as well.
    I'm curious, what's your SOP if the answer is "yes, I have a firearm in the car" and nothing more.

    In this scenario let's just assume you know nothing about the person other than the context of the stop you pulled them over in (say, minor traffic violation).

  7. #67
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    Waynesboro, Pennsylvania
    (Franklin County)
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by Heckler N Koch View Post
    It's standard protocol to ask if any toys are in the car, it's nothing personal, at least not from my perspective. I wouldn't suggest making a big deal out of it, some of us are firearms lovers as well.
    If your "standard protocol" is to ask, what is your "standard protocol" in the event the answer is yes?

    The problem is there are alot of examples of armed citizens being disarmed "for the safety of the officer". For everyones safety, I dont like anyone playing with my firearm. I cant think any officer would consider it safe for me to pull their sidearm out of its holster, why do they think its safe to pull mine out? The safest place for everyone's gun is in the holster.
    There are a few examples on here of people being detained while their LTCF is checked and/or their firearm is checked to see if it is "registered" to them and in the event that the firearm does not show up as being "registered" to them, it is stolen by the police (I mean "confiscated").
    Personally, one of the firearms that I sometimes carry was legally obtained but has no electronic or paper trail leading to me.
    I prefer to avoid the possiblity of an issue if I can, either by avoiding the question or even lieing about it if I have to.
    Last edited by ray h; January 16th, 2012 at 01:34 AM.

  8. #68
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    (Allegheny County)
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by Heckler N Koch View Post
    It's standard protocol to ask if any toys are in the car, it's nothing personal, at least not from my perspective. I wouldn't suggest making a big deal out of it, some of us are firearms lovers as well.
    I would stop.... your SOP's are wrong. There is case law that limits what you can ask on traffic stops... licensing, registration, and insurance questions are a go. You can expand upon that without some type of cause.

  9. #69
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by SteelCityK9Cop View Post
    I would stop.... your SOP's are wrong. There is case law that limits what you can ask on traffic stops... licensing, registration, and insurance questions are a go. You can expand upon that without some type of cause.
    I was under the impression that you guys could ask any questions you want to but we dont have to answer most of them.
    Its pretty common to hear "where you heading" or "whats the hurry" or "where are you coming from".
    All of which would be legal to ask and legal to not answer.

  10. #70
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    Lebanon, Tennessee
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by Heckler N Koch View Post
    It's standard protocol to ask if any toys are in the car, it's nothing personal, at least not from my perspective. I wouldn't suggest making a big deal out of it, some of us are firearms lovers as well.
    My SOP is to say "none of your business."
    Life has a melody. Not great, not terrible.

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