Questions on having a gun confiscated.

[Sir Knight]

I've heard this same story from more than one individual and it goes something like this ... Individual is pulled over for a traffic stop. During the interaction, the police discover that the individual is legally carrying a firearm and decided to run the gun to make sure that it is registered to the individual. As we all know, there is no gun registration in PA. They refer to it as a list of sales transactions, or something like that, and have acknowledged that it is incomplete. The check does not turn up the gun for whatever reason and the officer decides to confiscate the firearm.

Obviously you are not going to physically stop him if that is what he has decided to do but is there anything that you can say to deter him from taking your weapon? And if the weapon is confiscated, what course of action is open to you other than spending more on legal fees than the weapon is worth (i.e., you paid $500 for the gun, you can buy a new one for $600 and to represent you, an attorney is going to charge $700+).

Again, I heard something like this happen to more than one individual and am curious what is the best way to handle the matter to avoid complications? The obvious answer is to not get pulled over in the first place but if that has already happened and the gun is discovered and the officer tells you he is going to confiscate it, what is the best way to handle it?

[lildobe]

The best you can do is quote 18 Pa.C.S. §6111.4 at them and hope that the words of a citizen have some impact over the years of misinformation ingrained into them by their training.

18 Pa.C.S.A. §6111.4 (Registration of firearms.)

Notwithstanding any section of this chapter to the contrary,
nothing in this chapter shall be construed to allow any
government or law enforcement agency or any agent thereof to
create, maintain or operate any registry of firearm ownership
within this Commonwealth. For the purposes of this section only,
the term "firearm" shall include any weapon that is designed to
or may readily be converted to expel any projectile by the
action of an explosive or the frame or receiver of any such
weapon.

[zackattack784]

I've heard this same story from more than one individual and it goes something like this ... Individual is pulled over for a traffic stop. During the interaction, the police discover that the individual is legally carrying a firearm and decided to run the gun to make sure that it is registered to the individual. As we all know, there is no gun registration in PA. They refer to it as a list of sales transactions, or something like that, and have acknowledged that it is incomplete. The check does not turn up the gun for whatever reason and the officer decides to confiscate the firearm.

Obviously you are not going to physically stop him if that is what he has decided to do but is there anything that you can say to deter him from taking your weapon? And if the weapon is confiscated, what course of action is open to you other than spending more on legal fees than the weapon is worth (i.e., you paid $500 for the gun, you can buy a new one for $600 and to represent you, an attorney is going to charge $700+).

Again, I heard something like this happen to more than one individual and am curious what is the best way to handle the matter to avoid complications? The obvious answer is to not get pulled over in the first place but if that has already happened and the gun is discovered and the officer tells you he is going to confiscate it, what is the best way to handle it?

None of my legally owned guns have my name attached to them in the sales database. Since I tend to OC while driving I have been somewhat nervous of this exact scenario. I highly doubt there is anything you can say at the time that will stop them from taking your firearm (my guess is they break the law on a routine basis anyway). A civil suit might be the only way to get municipalities to notice.

[PA-Joe]

When it happens make certain that you get a receipt for hte firearm and the exact number of rounds they are taking. There have been cases where LEO's have actually fire the gun and kept several rounds as evidence.

[bob308]

i had this happen a few years ago. got stopped on 81. cop sees my ltcf. asks if i have one i said yes. he said i want to see it. ok i hand it over he goes back and checks it out. comes back and says it is not reg. in my name wants to know where i got it. told him i got it from a dealer at the gun show at the farm show building. he says i am going to have to keep it till you can prove it is in your name. i said ok i want a reciet. also said my lawyer will be down for it the next day. he kind of smiled and said that could cost more then the pistol was worth. i said yes it would but it would cost him not me. because the firearms act states i can sue for lawyer fees.

he goes back to his car. comes back hands me my pistol and says to go to a dealer and get it in my name.

[Scrumpyjack]

he says i am going to have to keep it till you can prove it is in your name.

The burden of proof lies upon the officer to prove that you do NOT legally own the firearm, which all he can do during the traffic stop is check local and NCIC for stolen hits. The State Police "database" is a joke.

I guess I'll be screwed if I'm ever stopped. Only 3 of my handguns were purchased/transferred in PA. Most of them I bought in several different states while in the Air Force.

[Kratos]

i had this happen a few years ago. got stopped on 81. cop sees my ltcf. asks if i have one i said yes. he said i want to see it. ok i hand it over he goes back and checks it out. comes back and says it is not reg. in my name wants to know where i got it. told him i got it from a dealer at the gun show at the farm show building. he says i am going to have to keep it till you can prove it is in your name. i said ok i want a reciet. also said my lawyer will be down for it the next day. he kind of smiled and said that could cost more then the pistol was worth. i said yes it would but it would cost him not me. because the firearms act states i can sue for lawyer fees.

he goes back to his car. comes back hands me my pistol and says to go to a dealer and get it in my name.

1. How did the leo see your LTCF?

2. What firearm act states you can sue for legal fees?

[GunLawyer001]

1. How did the leo see your LTCF?

2. What firearm act states you can sue for legal fees?

Yes, that's in the UFA, you can be awarded legal fees if the cops refuse to return your gun without good cause. It's a gamble for both sides, you'll have to front the fees to your lawyer, and they play with tax dollars, so they have less at risk than you do. But sometimes it works.

[bob308]

thanks gunlawyer.
yes it is a gamble that is why i throwed that bit of infomaion in the pot along side the road. maybe the cop just did not want to call my bluff. i do know i left there with my pistol.

[HiredGoon]

cop...comes back and says it is not reg. in my name wants to know where i got it. told him i got it from a dealer at the gun show at the farm show building. ...

If you bought it from a gun dealer at the PA Farm Show, it should have been recorded in the state sales database when you bought it. I am confused...or am I missing something here?