Pennsylvania Firearm Owners Association
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  1. #41
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by mosseater View Post
    What about politely acknowledging it's an affront to your rights, but in the interest of both your safety you will divulge the info. Something like:
    I know I have no legal obligation to answer the question, but in the interest of both our continued safetly during this stop, I will tell you I do have a LTCF and am currently carrying a sidearm in "X" location. How would you like to proceed?

    I was under the assumption that if you did something illegal incipient to a stop, they then had a right to ask certain questions, related or not. On the other hand, if you are stopped for no apparent reason (ie, casual contact or dui checkpoint, for example), you are under no obligation to cooperate. Am I wrong that your being stopped for a violation gives them more leeway in asking questions? I know you don't have to incriminate yourself, but is asking about a legal activity really incrimination, or is it all about being none of their damn business? Not being smart, just want clarification.
    The problem with admitting that you are armed is the fear of it leading to violations of your rights such as searches and extended detention.
    The police are legally allowed to ask you anything they want to, any time they want to. Simply asking a question is not a violation of your rights or the law. Hell, its not even illegal for them to lie and tell you that you must answer their questions. Its up to you to not answer the questions. You have to draw the line, not them.
    Last edited by ray h; January 15th, 2012 at 01:10 AM.

  2. #42
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by ray h View Post
    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.
    Regarding the legality of being required to exit a vehicle during a traffic stop, which was discussed somewhere in this thread, see Pennsylvania v. Mimms, which held that an order to exit a vehicle during a lawful traffic stop is "reasonable" (and so constitutional despite the fourth amendment).

    Regarding lying, I can't offer anything immediately re: lying to state LEOs (the most obvious possibility appears to only cover written statements), but for federal officers I believe the relevant statute is 18 USC Sec. 1001. See also Martha Stewart and Scooter Libby, two notable figures successfully prosecuted for making unsworn false statements to federal investigators.
    I am not a lawyer. Nothing I say or write is legal advice.

  3. #43
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    Default Re: If an officer asks to see your weapon?

    The question that comes to mind with the issue of lying to the officer about having a gun on your person....

    Terry requires one to be armed AND dangerous....

    Would the courts look at lying about being armed as making one "dangerous" per Terry?

  4. #44
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    (Berks County)
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by BimmerJon View Post
    ... No consent, no duty to inform and generally, not answering any questions

    Seem harsh? Seem anti cop? Whatever, I have a lot to lose, cops dont
    That should be printed on the front of every driver license.
    Johnnie F.

  5. #45
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by SteelCityK9Cop View Post
    The question that comes to mind with the issue of lying to the officer about having a gun on your person....

    Terry requires one to be armed AND dangerous....

    Would the courts look at lying about being armed as making one "dangerous" per Terry?
    Good question.
    Remaining silent does not constitute RAS so I assume it does not constitute "dangerous" either.
    I wonder if lieing would be RAS.
    Im pretty sure fleeing (by itself, no offenses involved) is not RAS, wouldnt leing be the same as fleeing?

  6. #46
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by ray h View Post
    Good question.
    Remaining silent does not constitute RAS so I assume it does not constitute "dangerous" either.
    I wonder if lieing would be RAS.
    Im pretty sure fleeing (by itself, no offenses involved) is not RAS, wouldnt leing be the same as fleeing?
    Flight by itself minus other factors does not give the police the right to detain you.

    I have a feeling that the courts would look at lying about being armed as filling the dangerous prong.

  7. #47
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by SteelCityK9Cop View Post
    Flight by itself minus other factors does not give the police the right to detain you.

    I have a feeling that the courts would look at lying about being armed as filling the dangerous prong.
    You may be right but my feeling is that the lie would need to be accompanied by a threat or an action or a suspicion of threat or action.
    I dont know.

  8. #48
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    Upper Gwynedd, Pennsylvania
    (Montgomery County)
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by cakeshooter View Post
    I'm just curious, why? They don't need to know if you are CC if you are just being stopped for speeding....?

    I know some states you are required to tell, but you're not here....

    Every time they get out of the car they have to expect a worst case scenario. Letting them know is my way of making them feel easier about the situation. I know I donít have to, I choose to.

    I have a few friends and family that are in the FOP. I have never seen a negative from letting them know and wonít change it till I do.

  9. #49
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    Sep 2008
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    Bethlehem, Pennsylvania
    (Northampton County)
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by Cookieman00x View Post
    Every time they get out of the car they have to expect a worst case scenario. Letting them know is my way of making them feel easier about the situation. I know I donít have to, I choose to.

    I have a few friends and family that are in the FOP. I have never seen a negative from letting them know and wonít change it till I do.
    The negative is that you are giving up your rights. By turning on lights and opening windows you are allowing police to visually search your property.

    Now I understand that is your choice. But for many of us even though we have nothing to hide, we will not surrender our rights and especially not to simply make some cop 'comfortable'.

    As far as I'm concerned, the cop needs to make *me* feel comfortable. He's the one with the badge, the legal force to do almost anything he wants and a whole bunch more buddies who will take his side. No, I won't surrender my rights simply to show cops that I'm friendly. That doesn't mean that I wouldn't have a cop as a friend. It just means that I didn't get stopped because the cop was feeling lonely and needed someone to talk to.
    Help protect your 2A rights in PA. Join PA4SP.

  10. #50
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    Cranberry, Pennsylvania
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    Default Re: If an officer asks to see your weapon?

    Quote Originally Posted by Cookieman00x View Post
    Iíve never had an officer ask to see my weapon. I do however hand them my CCW when I hand them my DL if I am carrying. I also roll all my windows down and put my keys on the dash and if its night time, I turn on my interior lights.


    Iíve only been pulled over 3-4 times in the last decade and each time only received a warning. You would be amazed at how an officer responds when they feel more comfortable. Some people wouldnít agree with doing that much but I donít mind it at all. Iíve got nothing to hide and I want the officer to know that.


    If they asked to see my weapon, I wouldnít mind showing them. Most cops arenít out to be assholes unless provoked. Acting like youíre a lawyer with just about any cop and youíre looking for trouble. I have never had any negative issues with any police officer but I always treat them with respect.
    I think this is the key. i always treat cops with as much respect as they deserve. if i feel like they are being dicks while im being nice ill switch to asshole mode. but usually when you are friendly they are also.

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