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Thread: Duty to Inform? FOAC Says YES!
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April 25th, 2019, 11:48 PM #1
Duty to Inform? FOAC Says YES!
Was at a town hall meeting tonight about firearms laws and rights hosted by our district state rep, our county sheriff, a game comission officer and Kim Stolfer, president of FOAC. Kim was asked by a member of the audience about "duty to inform" at a traffic stop. Here is a transcript of the discussion...
Audience member: "What is the actual law, I now there's rights but the law as far as, is there a duty to inform in Pennsylvania?"
Kim Stolfer: "No. This gentleman asked what's the law, there is no duty to inform in Pennsylvania law that you have a firearm. If you're in a vehicle and they ask, yes, you have to tell them. You're on the street, you don't have to tell 'em. You don't have to give 'em ID or anything."
Another Audience Member: "Where does it say that you have to inform them if they ask?"
Kim Stolfer: "It's right in the law, section 6109."
Hmmmmm...Last edited by Mr_Gixxer; April 26th, 2019 at 12:04 AM.
Si vis pacem, para bellumμολ ν λαβέWhat country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms!
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April 26th, 2019, 01:04 AM #2
Re: Duty to Inform? FOAC Says YES!
Should have asked him if Open Carry is legal too.
I called to check my ZIP CODE!....DY-NO-MITE!!!
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April 26th, 2019, 01:15 AM #3
Re: Duty to Inform? FOAC Says YES!
He may have it confused with the duty to provide the license upon demand, when carrying in reliance on that license;
ง 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.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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April 26th, 2019, 04:36 AM #4
Re: Duty to Inform? FOAC Says YES!
That's exactly what I thought too but it was made clear a few times leading into this discussion that the firearm itself was being addressed not the license.
6109 doesn't even apply here at all so I'm not sure why he referenced it. 6122 says nothing about the firearm.Last edited by Mr_Gixxer; April 26th, 2019 at 04:57 AM.
Si vis pacem, para bellumμολ ν λαβέWhat country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms!
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April 26th, 2019, 05:09 AM #5
Re: Duty to Inform? FOAC Says YES!
Si vis pacem, para bellumμολ ν λαβέWhat country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms!
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April 26th, 2019, 07:20 AM #6Junior Member
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April 26th, 2019, 07:38 AM #7
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April 26th, 2019, 08:25 AM #8Grand Member
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Re: Duty to Inform? FOAC Says YES!
First, it's probably safe to assume this is something that varies from one department to the next.
Second, the driver having a license to carry is not proof that a firearm is currently present in the vehicle.
Last, the discussion is about whether or not there is a LAW in PA which obligates the driver to inform the officer if he is carrying a firearm. There is not.
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April 26th, 2019, 08:29 AM #9
Re: Duty to Inform? FOAC Says YES!
Si vis pacem, para bellumμολ ν λαβέWhat country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms!
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April 26th, 2019, 08:35 AM #10Grand Member
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