Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Oct 2013
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    Irwin, Pennsylvania
    (Westmoreland County)
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    Default CC non disclose state code?

    How is everyone. I've done some searching and read a lot about pa being a non-disclose state. I'm not posting to get a run down of why you should or shouldn't. Here is a quick story of why I need / want proof or a code/law number. I was pulled over tonight. Officer came to my window and asked for my drivers license. Only words out of his mouth. Handed him the document. Then he asked if there was any weapons in the vehicle. I informed him I was license to carry and it was in the consol. He instructed me on my actions and took the gun. Back up came and 20 mins later I get all my paperwork back. The gun then the clip. Then the holster. And his back up was not very polite about me not informing his officer about the gun at first contact. Then said he can make one phone call and have it removed for me not to declairing it. I was in no mood to discuss this on the side of the road. Then finally I asked why I was stopped and he said he stopped me for parking on a side walk a mile back. And that was the end of the stop. So I would like documentation to take an present to the chief of police in his area about the non disclose laws. An hassling me about what he could have done for something I was not breaking the law.

    Thanks

  2. #2
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
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    51
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    Default Re: CC non disclose state code?

    There is no law saying you have to or don't have to - so there is nothing to show them. You can't show them something that doesn't exist.

    Since they are the one claiming that you have a duty to declare - then they have the duty to prove it.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  3. #3
    Join Date
    Sep 2012
    Location
    bristol, Pennsylvania
    (Bucks County)
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    Default Re: CC non disclose state code?

    Next time tell him if he can show you the statute then you won't be filling out a complaint like your going to be doing once he's done.

  4. #4
    Join Date
    May 2006
    Location
    Luzerne County, Pennsylvania
    (Luzerne County)
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    Default Re: CC non disclose state code?

    There is no law requiring a person to notify an officer they are carrying a firearm.

    The officer was either busting your balls or stupid........or both.

  5. #5
    Join Date
    Apr 2008
    Location
    Pocono`s, Pennsylvania
    (Monroe County)
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    Default Re: CC non disclose state code?

    The burden of proof is on the state. Ask them to prove to you that there was a violation of any statute or law by producing it. The burden of proof is not on the citizen.
    I would expect an apology from some figure of authority at the PD.

  6. #6
    Join Date
    Oct 2013
    Location
    Irwin, Pennsylvania
    (Westmoreland County)
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    Default Re: CC non disclose state code?

    okay now I understand so there is no law stating that I have to so I do not have to declare it I just want all my information correct before I went made myself look like an ass thank you guys.

  7. #7
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
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    Default Re: CC non disclose state code?

    There is no statute in Pennsylvania requiring a citizen to volunteer that he's licensed and/or carrying under those circumstances.

    The closest thing we have is 18 Pa.C.S.A. § 6122:
    Proof of license and exception
    (a) General rule.--When carrying a firearm concealed on or about one's person or in a vehicle, an individual licensed to carry a firearm shall, upon lawful demand of a law enforcement officer, produce the license for inspection. Failure to produce such license either at the time of arrest or at the preliminary hearing shall create a rebuttable presumption of nonlicensure.

    (b) Exception.--An individual carrying a firearm on or about his person or in a vehicle and claiming an exception under section 6106(b) (relating to firearms not to be carried without a license) shall, upon lawful demand of a law enforcement officer, produce satisfactory evidence of qualification for exception.


    Notice that the LEO is required to initiate that demand to see your license.

    In Philadelphia, there's a handout printed up by the Philly PD, where some anonymous flunky added in requirements that are not authorized by any valid law. Among those requirements is the duty to promptly inform any cop you come across about your firearm. There's no citation for that claim, because the law doesn't require you to do it anywhere in Pennsylvania.

    I'd consider writing a nice letter to the Sheriff, telling him that Officer Fife there claimed that he had the Sheriff wrapped around his little finger to the point that the cop could have a valid LTCF revoked on demand. Let them have a discussion over that.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  8. #8
    Join Date
    Dec 2007
    Location
    Northampton County, Pennsylvania
    (Northampton County)
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    Default Re: CC non disclose state code?

    Cops can say any damn thing they want to you, and many are fond of lying and making empty threats.

    Go ahead and send a letter or complaint, can't hurt to stack a little paper on the dickhead.

  9. #9
    Join Date
    Oct 2013
    Location
    Irwin, Pennsylvania
    (Westmoreland County)
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    Default Re: CC non disclose state code?

    This is all great information! When it comes to cc I like to make sure I know the laws. Like I said I wasn't about to argue with the officer over it either. Though I don't believe the stop was appropriate. Then the offer that pulled me over never told me why. His back up did. But I'm more upset about the cc issue. If I was in violation fine. But I was not and I didn't think I was. once he asked I declaired it and we moved on. .

  10. #10
    Join Date
    Oct 2013
    Location
    Irwin, Pennsylvania
    (Westmoreland County)
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    Default Re: CC non disclose state code?

    Just a update everyone. I went and spoke with the chief of police. Gave him all the details and to my surprise he agreed that the way the situation was handle on my end was correct and perfectly safe/legal. He then appologized for his officers actions and filed it. He also said he will be having a meeting with the officer to discuss the issue I brought up. He also confirmed there is no law to tell them immediately. Abd that revoking a legal ltcf is hard to do let alone try to do it over a simple traffic stop. He also said I could take it further to the sheriff's office if I felt the need to. Though I don't I just wanted an apology and to make sure his officers are fallowing correct protocol. He also added of I ever had anouther incadent like that to get in touch with him as soon as possible and gave me his card with contact information!

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