OC'ing during traffic stop

[adidas4862]

I am sure the answer is some where on the forum but i couldn't locate it. So my questions is if I get pulled over for speeding, inspection out of date, etc.... or any traffic stop really, I am OC'ing and the officer notices and asks me to unload it and give it to him for his safety do I have to give it up? or do I just have to show him my LTCF and be done with it. Also I know audio recording is legal in PA without consent but is video also?

Thanks

[ImminentDanger]

You might want to read this thread....

stop-detain-search

.... while you wait for the answers to your questions about recording audio & video ...

...
ID

[HiredGoon]

When he asks for your firearm just don't tell the cop.... "I have a gun and I'm gonna give it you!"

Seriously... if he asks, you have to comply, but tell him you do not consent to the seizure of your property.

[PA-Joe]

I believe that by definition if you are in the car with a loaded handgun then you are carrying concealed. Just because it is exposed does not mean it isn't concealed.

[anonymouse]

Also I know audio recording is legal in PA without consent but is video also?

Do some searches on the forum for "noninterception" and you should find lots of threads regarding audio recording. You can't record audio if the person has a "reasonable expectation of noninterception." See 18 Pa.C.S. §5702 and §5703 for the specific statutes.

AFAIK there are no restrictions consent requirements for video as long as the person isn't in a bathroom, changing room, etc.

I believe that by definition if you are in the car with a loaded handgun then you are carrying concealed. Just because it is exposed does not mean it isn't concealed.

18 Pa.C.S. § 6106: Firearms not to be carried without a license
(a) Offense defined.--

(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.

It doesn't mean that you're carrying concealed, it means that you're carrying in a vehicle.

Same statute, but people get confused when they think that the vehicle conceals the firearm. The act of having a firearm in a vehicle requires a license, regardless of visibility.

I'm not a lawyer

[Certified Agent]

I am sure the answer is some where on the forum but i couldn't locate it. So my questions is if I get pulled over for speeding, inspection out of date, etc.... or any traffic stop really, I am OC'ing and the officer notices and asks me to unload it and give it to him for his safety do I have to give it up? or do I just have to show him my LTCF and be done with it. Also I know audio recording is legal in PA without consent but is video also?

Thanks

Well i was stopped about 3 weeks ago and i was open carrying. When the officer aproached the car I immediately informed him that I had a gun and i was licensed to carry it. Im also Certified under Act 235. He first reached and grabbed my gun and unloaded it and asked to see my LTCF. I gave it and he ran my information and what was supposed to be a simple traffic stop turned into firearm questioning. My information of course came up legal and he returned my weapon to me. To answer your question, you should always immediately inform the officer that you have a weapon and a LTCF before anything else. Because if you reach to give him your license and he sees the gun, he could think your reaching for it and things would really be BAD.

[Pa. Patriot]

Also I know audio recording is legal in PA without consent but is video also?

Start here:
http://forum.pafoa.org/general-2/785...police-pa.html

[zackattack784]

Well i was stopped about 3 weeks ago and i was open carrying. When the officer aproached the car I immediately informed him that I had a gun and i was licensed to carry it. Im also Certified under Act 235. He first reached and grabbed my gun and unloaded it and asked to see my LTCF. I gave it and he ran my information and what was supposed to be a simple traffic stop turned into firearm questioning. My information of course came up legal and he returned my weapon to me. To answer your question, you should always immediately inform the officer that you have a weapon and a LTCF before anything else. Because if you reach to give him your license and he sees the gun, he could think your reaching for it and things would really be BAD.

I assume you mean for when you're OC'ing, correct? I'm not disclosing I have a firearm if I'm CC'ing.

[anonymouse]

Well i was stopped about 3 weeks ago and i was open carrying. When the officer aproached the car I immediately informed him that I had a gun and i was licensed to carry it. Im also Certified under Act 235. He first reached and grabbed my gun and unloaded it and asked to see my LTCF. I gave it and he ran my information and what was supposed to be a simple traffic stop turned into firearm questioning. My information of course came up legal and he returned my weapon to me. To answer your question, you should always immediately inform the officer that you have a weapon and a LTCF before anything else. Because if you reach to give him your license and he sees the gun, he could think your reaching for it and things would really be BAD.

Your experience sounds like a reason not to inform the LEO. What would have happened if your firearm was a gift from your father, and isn't in their "database"?

[GregorOneEye]

Certified Agent has 2 posts, let's give him a polite lesson on the right way to handle cops.