Vehicle Stop and detention by LEO due to inability to verify serial number

[arhdc]

I just heard this from a 22 year old friend.

Last week he was stopped for speeding. When the LEO approached the car he handed his license and registration over and informed her that he had a handgun in the centre console and a license to carry. The LEO asked to see the gun and carry license and proceeded to insist that she must now run the serial number to verify that he was indeed the owner. She ran the SN and the record came back with a different name, apparently the previous owner of the gun. At this point he was removed from the car, handcuffed and asked for permission to search the rest of the car. He gave consent and his car was searched. After this he was loaded into a patrol car and detained for over two hours while phone calls were made. Apparently the proper paperwork was submitted by the FFL that had sold him the handgun but somewhere in the government chain of command the paperwork was lost. This was Thanksgiving Eve and had the FFL not been open the LEO indicated that he may have spent two or more days locked up sorting this out.

The day ended with the LEO returning the handgun and sending him on his was without citing him for speeding.

[Ricochet]

I wonder what the legalities of this is.

I was once stopped in Pittsburgh and a similar thing happened.
I had my Sig229 and the police ran the SN# on the Sig.
However, I had bought this pistol a couple of years earlier when I lived in Maryland, so I know PA had no record whatsoever on this firearm.
The Pittsburgh police just put my pistol back in my vehicle and sent me on my way.

[JenniferG]

No duty to inform and this story is the reason you shouldn't inform. Apparently the gun wasn't registered in the person's name. This is the same thing as was going on a few years back with open carry. Open carry was a reason to search and seize. Now unregistered firearms are the new open carry reason to search and seize. This is why I constantly have something to say about the illegal registration that goes on here in PA. This is a problem that needs to be resolved.

[Solaran_X]

If they want to run my serial number, they can get a warrant. Running a serial number constitutes a search, if I recall correctly. So I either have to consent or they need a warrant.

[Daycrawler]

This is why people need to learn to keep their mouth shut! How many rights were violated? He needs to get a Lawyer and sue the department so they will get an education.

[Smilez226]

Yea.. no gun registration here folks. smdh. I would not inform. I always keep my paper work away from my handgun so they don’t see it.

Sorry, I do not trust the police.

[bogey1]

What if the gun was a C&R?

I like what solaran-x said.

[ideaman]

I believe I read in this forum, that he asked for the supervisor. He told the supervisor, PA does not have an illegal gun registration. The supervisor
asked the cop, did his license come back ok? Cop says yes. Supervisor said have a nice day.

If that doesn't work, ask for the warrant.

[vinnyg101]

Why do we (citizens) tolerate such rampant violation of our rights as free people??

[WCMG]

No duty to inform and this story is the reason you shouldn't inform. Apparently the gun wasn't registered in the person's name. This is the same thing as was going on a few years back with open carry. Open carry was a reason to search and seize. Now unregistered firearms are the new open carry reason to search and seize. This is why I constantly have something to say about the illegal registration that goes on here in PA. This is a problem that needs to be resolved.

Exactly... another case of a citizen talking to an LEO with the mentality, "I didn't do anything wrong, so what's the harm"

How the traffic stop should have happened:

LEO: "License and registration"

Driver: hands over

LEO: "Here's your ticket, can I search your vehicle."

Driver: "No"

LEO: "I'll get a warrant."

Driver: "Good luck with that."

end of story.


And yes, I have personally told LEO's twice in my life, "Good luck with that" when they told me they would get a warrant when I refused their request to search my vehicle. Of course, both times they didn't get one. On the down side, both traffice stops took about 45 minutes, but I'm okay with that. One was with PSP and one was with Washington City Police.