So what is the law

**Statkowski** · February 25th, 2013, 12:06 AM

Originally Posted by StonewallRabbitry

I don't know that the officer performed an illegal search in this case. The person handed his firearm willingly to the officer, the officer did not take the firearm from the holster. The officer can tell you to empty all your pockets, if you willingly do it then that's on you but if you say no and he reaches into your pocket then that is an illegal search

By running the firearm's serial number, the officer conducted a search. Legal? That's the question.

**shermdo** · February 25th, 2013, 03:10 AM

Originally Posted by johnydavid

Once you inform an officer you have a gun he's allowed to do what feels is in his best interest for his safety. "within reason". He is allowed to hold the weapon until the vehicle stop is over. When you receive summons for speeding, no insp, or what have you, you are officially under arrest but instead of taking you to jail you are realeased on summons to appear in court or pay your fine. So yes he's allowed to detain your weapon if you admit you have one.

Exactly ..

Do we actually know for sure that the LEO used the illegal database created by the PA State Police to run the handgun's serial numbers? I think that we all assume that was done but I do not remember the OP stating that the LEO stated that he had done so.

Once the drive volunteered that he was armed the LEO has the right to hold the handgun until the traffic stop has been concluded.

**jaseman** · February 25th, 2013, 11:46 AM

Originally Posted by Statkowski

By running the firearm's serial number, the officer conducted a search. Legal? That's the question.

As much as I hate to say it, my understanding is that yes, it would indeed be legal (whether or not the 'database' he uses is legal, is a different issue).

As soon as the firearm was handed over to the officer, it was legal. Just the same as if you invite an officer into your home, you have willingly given consent.

Just my understanding, though. IANAL

**Hawk9984** · February 25th, 2013, 09:26 PM

So what Im getting is had he said no you may not have my gun I don't consent to any searches it would have been illegal because he didn't consent. ?? I personally think its just unsafe for a cop to take the gun you don't know if he can handle the firearm also its safest holstered

**jerryg** · February 25th, 2013, 10:34 PM

What happens if the handgun you are CCing was not purchased in PA. When I moved here from NJ in 2001 I brought 3 handguns with me. ( all purchased in NJ)

**JenniferG** · February 25th, 2013, 10:47 PM

Was the firearm checked with the legal database authorized by this provision in the law?

(v) Unless it has been discovered pursuant to a
criminal history, juvenile delinquency and mental health
records background check that the potential purchaser or
transferee is prohibited from possessing a firearm
pursuant to section 6105 (relating to persons not to
possess, use, manufacture, control, sell or transfer
firearms), no information on the application/record of
sale provided pursuant to this subsection shall be
retained as precluded by section 6111.4 (relating to
registration of firearms) by the Pennsylvania State
Police either through retention of the application/record
of sale or by entering the information onto a computer,
and, further, an application/record of sale received by
the Pennsylvania State Police pursuant to this subsection
shall be destroyed within 72 hours of the completion of
the criminal history, juvenile delinquency and mental
health records background check.

I guess the real question is; Why is it that the people that are supposed to be upholding the law have such a hard time obeying the laws? That is the true definition of corruption and it's why people get so angry at the government. There are no exceptions in the law that says everyone except Law Enforcement officials have to obey the laws. With every passing day I see things falling further and further away from freedom and into the abyss of tyranny.

**ROCK-IT3** · February 25th, 2013, 10:53 PM

Originally Posted by JenniferG

Was the firearm checked with the legal database authorized by this provision in the law?

JenniferG, unless you meant illegal instead of legal, that section specifically prohibits the creation of a database, and records cannot be retained unless the attempting purchaser is prohibited. However, that is the illegal database that the firearm would have been checked against.

If you did mean legal, then you need to reread it.

**BimmerJon** · February 25th, 2013, 10:57 PM

Originally Posted by jerryg

What happens if the handgun you are CCing was not purchased in PA. When I moved here from NJ in 2001 I brought 3 handguns with me. ( all purchased in NJ)

You're fine

**YZEATER** · February 25th, 2013, 11:07 PM

Ill be watching this thread. I live in the same township as the mills. I know most of the leo's are part timers.

**JenniferG** · February 25th, 2013, 11:11 PM

JenniferG, unless you meant illegal instead of legal

I guess I have to get better at sounding facetious in my writing. Nothing gets me more animated and vocal than Law Enforcement officials that do not apply the laws to themselves as they would apply them to me.

Are these text entry boxes being monitored and stifled by the Fusion Centers because I have a hard time entering things and navigating in the the text entry boxes.

Edit: I'm editing this to see if the 64bit IE9 experiences the same problem. Sorry if this is off topic but the text entry problem was getting to me and making it hard to get my point across. Seems to work better in 64bit mode.