Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Jan 2013
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    verona, Pennsylvania
    (Allegheny County)
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    Default So what is the law

    So today as ironic this is im on my way to eatin park in pittsburgh mills. When I see a cop with someone pulled over. what are the odds I see who it is one of my good buddies. as I beep and wave as I go by I give him a call and tell him to come eat breakfast at eaten park. He comes in and has 3 nice big scrolls of tickets. no inspection speeding and careless driving.. as he was in his car the LEO came to the window. he told the officer he had a gun . the cop told him to grab it slowly and hand it to him. he started slowly which was apparently to fast and had to go slower so "10 minutes later" as hes handing the cop his gun. the officer takes it to his car runs it and gives him his tickets. I told him you didn't have to give him your firearm he had no right to run your serial number on the gun.. He said no hes aloud etc . I told him its unsafe the safest place for it to be is on your hip holsterd. and while hes at it did he check to make sure your watch and jacket were not stolen . So was what the LEO did wrong ??

  2. #2
    Join Date
    Nov 2009
    Location
    Washington, Pennsylvania
    (Washington County)
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    Default Re: So what is the law

    In the officers mind he prob believed he was right.

    Your friend did not have to inform LEO of the gun since we are a 'no inform state'.
    FOAC Member, NRA Member

  3. #3
    Join Date
    May 2009
    Location
    New Castle, Pennsylvania
    (Lawrence County)
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    Default Re: So what is the law

    I really need to ask... is this a joke thread? If not, then there's a lot of things that are wrong here.

  4. #4
    Join Date
    Jan 2013
    Location
    verona, Pennsylvania
    (Allegheny County)
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    Default Re: So what is the law

    No this is not a joke this is how it went for my friend today ?? so whats wrong ??

  5. #5
    Join Date
    Oct 2006
    Location
    Cherry Tree, Pennsylvania
    (Indiana County)
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    Default Re: So what is the law

    What's wrong?

    First, your friend was under no obligation to inform the officer he was carrying a firearm. There's no law stating he has to inform, so, by default, he doesn't.

    Second, the police officer demanded your friend's property,without a warrant or probable cause.

    Third, the police officer conducted an illegal search (no warrant or probable cause) using the firearm's serial number against a Record of Sales database (which is not a registry).

  6. #6
    Join Date
    Jan 2013
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    verona, Pennsylvania
    (Allegheny County)
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    Default Re: So what is the law

    I tried to explain that to him but he just didn't seem to get it.. any cases of this going to court ??

  7. #7
    Join Date
    Feb 2013
    Location
    Harrisburg, Pennsylvania
    (Dauphin County)
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    Default Re: So what is the law

    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.

  8. #8
    Join Date
    Feb 2013
    Location
    Harrisburg, Pennsylvania
    (Dauphin County)
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    Default Re: So what is the law

    If he doesn't temporarily hold the weapon and your license comes back for a warrant on a felony charge its a long walk back to the perpetrators car lol.

  9. #9
    Join Date
    Oct 2008
    Location
    Elizabethtown, Pennsylvania
    (Dauphin County)
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    Default Re: So what is the law

    Quote Originally Posted by Statkowski View Post
    What's wrong?

    First, your friend was under no obligation to inform the officer he was carrying a firearm. There's no law stating he has to inform, so, by default, he doesn't.

    Second, the police officer demanded your friend's property,without a warrant or probable cause.

    Third, the police officer conducted an illegal search (no warrant or probable cause) using the firearm's serial number against a Record of Sales database (which is not a registry).
    Fourth, your friend reached for and drew his firearm from concealment in the presence of an already nervous cop. For me, I would never touch my firearm at the request of a police officer, if he wants it, he's going to have to remove it from me. My hand isn't going near it.
    Power always thinks...that it is doing God's service when it is violating all his laws.

  10. #10
    Join Date
    Dec 2012
    Location
    Mechanicsburg, Pennsylvania
    (Cumberland County)
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    Default Re: So what is the law

    People get scared when dealing with police. Its understandable because some agencies have had less than "friendly" interaction with the public in the past.

    I do agree it wasn't right to let the officer have his way but also making a big deal out of it might not of been the best idea either. The best thing he should of done was not say anything. Let the cop "go there" and dig his own grave. The unfortunately reality is if we oppose the police they tend to find ways to arrest you and just make your life miserable. Sure, if you are willing to fight it I say go for it but it might be a long and painful process. Just don't instigate anything. Cops are professionals at what they do... for the most part.

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