State police confiscating carry pistols

[Qtrborecrazy]

Sometimes, I can't disagree.

So you experienced free love and all that stuff?

Free love yes and I plead the 5th to all that stuff.

[Steve in PA]

The guns are found when they are either fully observed, partially observed or the driver or occupant offers that they are carrying one. Supposedly LTCF info is accessible by running the DL (I have yet to personally see this) so that is another possible source.

The serial number is obtained when the officer properly or improperly takes hold of the gun.

Ding, ding, ding! We have a winner!

[wa3ra]

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Commonwealth of PA, PSP, and the errant trooper, jointly and severally, in federal court. One can dream...

[Emptymag]

I thought PA already determined that a firearms registry is unconstitutional, so the police have no duty to check serials short of a felony stop.

LOL! You should listen to a scanner.

Serial numbers are run by locals all the time during traffic stops.

[abner13]

Just tell 'em, "You can't do that!"

[jamf]

Come on guys, they're just trying to serve and protect.

[GunLawyer001]

Your gun shop is blowing smoke. Read this, which was put out by PSP several years ago;

The law is clear that cops are not LEGALLY allowed to seize a firearm simply because it's not in their Record of Sale Database.

Some cops do it anyway. I haven't heard of them being fired over it. And it does, in fact, happen enough to be a problem in PA.

Even if partial or an incomplete database; if they are using it as such (a registry of sorts), then it is what it is. The PA Supreme Court be damned. The legislature stated that once a background is passed in 'x' days all data is to be destroyed. . . .

Well......not exactly.

(1.1) On the date of publication in the Pennsylvania Bulletin of a notice by the Pennsylvania State Police that the instantaneous records check has been implemented, all of the following shall apply:
(i) In the event of an electronic failure under section 6111.1(b)(2) (relating to Pennsylvania State Police) for purposes of a firearm which exceeds the barrel and related lengths set forth in section 6102, obtained a completed application/record of sale from the potential buyer or transferee to be filled out in triplicate, the original copy to be sent to the Pennsylvania State Police, postmarked via first class mail, within 14 days of sale, one copy to be retained by the licensed importer, licensed manufacturer or licensed dealer for a period of 20 years and one copy to be provided to the purchaser or transferee.
(ii) The form of the application/record of sale shall be no more than one page in length and shall be promulgated by the Pennsylvania State Police and provided by the licensed importer, licensed manufacturer or licensed dealer.
(iii) For purposes of conducting the criminal history, juvenile delinquency and mental health records background check which shall be completed within ten days of receipt of the information from the dealer, the application/record of sale shall include the name, address, birthdate, gender, race, physical description and Social Security number of the purchaser or transferee and the date of application.
(iv) No information regarding the type of firearm need be included other than an indication that the firearm exceeds the barrel lengths set forth in section 6102.
(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.

[DasMuller]

Free love yes and I plead the 5th to all that stuff.

IF you remember your "hippie days", did you actually live them? I'm just yanking your chain mostly. I used to ask my ultra lib aunt that and she would get very defensive for some weird reason.

[itchinesu]

IF you remember your "hippie days", did you actually live them? I'm just yanking your chain mostly. I used to ask my ultra lib aunt that and she would get very defensive for some weird reason.

private messages, what are those?

I haven't talked to any state troopers in a while, do we have any members here that this happened to or just shop talk?

[DennisH82]

My goal in life is to stay away from law enforcement by not doing anything that would attract their attention. I am far from perfect but I also don't run around in a thunderstorm with a metal pole thinking that lightening won't get me. I follow the laws about firearms to the best of my ability barring any LEO that is doing their own thing. I don't volunteer information. I carry about 90% of the time I am home, should I get pulled over and asked about a firearm that I am not carrying then I will know LEO's have a way of seeing LTCF's Until then its all theory for me.