Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Sep 2018
    Location
    Aston, Pennsylvania
    (Delaware County)
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    Default Question about my rights

    I am not sure how to phrase this, so I am just going to tell the facts of what happened and see what everyone's opinion is.

    I was cut off by a driver and I honked my horn and yelled some choice words about his driving skills or lack thereof out my window. We pulled up to a red light, I was in a left turn lane and he was 1 car up and over one lane from me.

    He got out of his car and walked up to my passenger side window. I keep my gun in between my passenger seat and console as it is uncomfortable to keep it on my hip when driving. My window was down, and I leaned over as he approached my passenger window resting my hand on my gun. It was still in the holster and still jammed in between my seat and console. I never moved it at all. He yelled get out of the car to which I responded are you sure you want to do this?

    At this point he noticed my gun and began yelling and pointing at the top of his lungs... he's got a gun he's got a gun while walking back to his car. He then said as he was walking away I got your license plate. My response was congratulations. I drove off and went home.

    An hour later 7 cop cars show up to my house. 4 from my township and 3 from the township next to me where this all occurred.

    I was at my front door at the time as I had a feeling the cops would be showing up. They asked me to step outside with my hands up. I complied, was frisked and asked where the gun was. I told them it was inside as was my ID and concealed carry permit as I had already changed out of my work clothes.

    I explained what happened and was told to sit on my step outside for what I can only assume was getting the statement from the other driver and two witnesses that herd him yelling. I said I would go into my house and get my permit but was not allowed back into my home.

    30 min later and explaining the same thing to 3 different officers I was TOLD that they were going to follow me into my home to get my license, ID and gun. 5 officers follow me into my home and escort me upstairs to where my wallet was. Then we went back to my living room to get the gun. They called in to check on my license and carry permit to make sure they were valid and took the serial number from my gun.

    After going back outside and waiting another 15 min They said the other drivers statement matched mine and that was the only reason I wasn't going to jail with them.

    Again, I never pulled my gun from its holster and I never picked it up. I just rested my hand on it as someone was walking up to my car and my window was open.

    I guess my questions are 1) were the cops allowed to tell me they were coming into my house to get my permit and ID

    2) are there no repercussions for someone yelling he has a gun at the top of their lungs and freaking out? Maybe inciting panic?

    I guess I am just looking for opinions on this situation. Sorry for the long explanation and thanks in advance for everyone's opinions on this.
    Last edited by Delval03; September 27th, 2018 at 04:38 PM. Reason: Spelling

  2. #2
    Join Date
    Jan 2007
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Question about my rights

    Can you edit that to add some breaks for paragraphs?

    Maybe I'm being rude, but no more rude than expecting someone to try reading a wall of text like that.
    I called to check my ZIP CODE!....DY-NO-MITE!!!

  3. #3
    Join Date
    Mar 2009
    Location
    Southwest, Pennsylvania
    (Washington County)
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    Default Re: Question about my rights

    I'm trying to process this: Someone called the police on you and apparently told them you did something that wasn't illegal. They arrive and cornhole you, then you tell them the same story. This satisfies them for some reason, and they apparently acknowledge that you did nothing illegal and they leave... after intruding in your home and recording your serial, again for some unknown reason.

    Wow, did this really happen, or are you just fucking with us?

  4. #4
    Join Date
    Mar 2016
    Location
    Eastern, Pennsylvania
    Posts
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    15469300

    Default Re: Question about my rights

    1. Contact gunlawyer001
    2. Follow step 1

  5. #5
    Join Date
    Sep 2018
    Location
    Aston, Pennsylvania
    (Delaware County)
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    Default Re: Question about my rights

    Not rude at all. Thanks for letting me know. I actually didn't preview before I posted it.

    Also on my phone so it is a little hard to navigate.

    Thanks
    Last edited by Delval03; September 26th, 2018 at 08:15 PM.

  6. #6
    Join Date
    Apr 2007
    Location
    Pittston, Pennsylvania
    (Luzerne County)
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    Default Re: Question about my rights

    They could have looked up your ltcf over the radio. You could have refused to let them into your house with out a warrant.

    And you did instagate the incident.
    troll Free. It's all in your mind.

  7. #7
    Join Date
    Apr 2014
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Question about my rights

    Here is how I see it.

    Quote Originally Posted by Delval03 View Post
    He got out of his car and walked up to my passenger side window.
    Just FYI, the moment he got out of the car, you should have:

    1). Put all your windows up.

    2). Looked for an escape path, and if one was available, take it, if you could do so safely, despite any traffic violations that may be involved.

    I keep my gun in between my passenger seat and console as it is uncomfortable to keep it on my hip when driving.
    This is bad policy, for a number of reasons - one of which you have discovered. If you are not going to actually wear it, the better move is to locate it in a console, either center, or glove box.

    My window was down and I leaned over as he approached my passenger window resting my hand on my gun.
    All windows should have been up.

    He yelled get out of the car to which I responded are you sure you wanna do this?
    No response would have been better.

    My response was congratulations.
    No response would have been better.

    They asked me to step outside with my hands up.
    This is where it gets dicey - and my confidence in my advice is lower, but still pretty good.

    I would have asked if I was under arrest. If the answer was "no", then I would have refused to step outside, and I would have indicated that I have nothing further to say and wished them good evening. If they said yes, then I would have stepped outside, locking the door behind me, been very cooperative, and indicate that I am asserting my 5th amendment rights and wish to speak to an attorney.

    I complied, was frisked and asked me where the gun was. I told them it was inside as was my ID and concealed carry permit as I had already changed out of my work clothes. I explained what happened and we waited. I said I would go into my house and get my permit but was not allowed back into my home. 30 min later and explaining the same thing to 3 different officers I was TOLD that they were going to follow me into my home to get my licence ID and gun.
    I would have asserted my 5th amendment rights and said I wish to speak to an attorney and said nothing further.

    5 officers follow me into my home and escort me upstairs to where my wallet was.
    I would not have consented to allowing anyone in my home.

    They said the other drivers statement matched mine and that was the only reason I wasn't going to jail with them.
    What that indicates is that there was NO FUCKING REASON for them to even come to your house.

    I guess my questions are 1) were the cops allowed to tell me they were coming into my house to get my permit and ID
    Not without a warrant, IMHO. But apparently, you consented and allowed them to come in. You even provided an escort.

    2) are there no reprecutions for someone yelling he has a gun at the top of there lungs and freaking out? Maybe inciting panick?
    That is up to a police and/or DA to press such charges.

    Summary (IMHO):

    1). Incident may have been avoided had you adopted a better "security posture" to begin with.
    2). Your responses to the other driver probably provided him with extra incentive to call it in.
    3). You voluntarily surrendered your rights when the police arrived.
    4). You don't have much to bitch about at this point - other than MAYBE the police checking your gun.

    Quote Originally Posted by Emptymag View Post
    Can you edit that to add some breaks for paragraphs? Maybe I'm being rude, but no more rude than expecting someone to try reading a wall of text like that.
    No, you're not. And you said it very nicely too.

  8. #8
    Join Date
    Jan 2016
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Question about my rights

    Pretty dicey situation. My advice is to ignore everything that was posted and call gunlawyer.

  9. #9
    Join Date
    Sep 2018
    Location
    Aston, Pennsylvania
    (Delaware County)
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    Default Re: Question about my rights

    Free, thanks for the response. Very detailed and lots of info to think about. I appreciate another view on what I did wrong in this situation.

  10. #10
    Join Date
    Oct 2006
    Location
    Cherry Tree, Pennsylvania
    (Indiana County)
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    Default Re: Question about my rights

    Quote Originally Posted by Delval03 View Post
    I was cut off by a driver and I honked my horn and yelled some choice words about his driving skills or lack there of out my window.
    1. People accidentally cut off others every day. It happens. Deal with it.

    2. Chill out. The other driver's problem is not your problem.

    3. Don't yell at other drivers. Your sidearm may be holstered, theirs might not be.

    Lastly,

    Your spelling is atrocious. There's a little gizmo called a Spell Checker built into the word processing function on this forum. If you enter a word and it has a squiggly red line underneath it, it's misspelled. Right click on the word to get it spelled correctly. The Oxford English Dictionary lists some 228,132 words in the English language. Memorize them. Learn to spell them correctly. There'll be a test on Friday.

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