Duty to Inform? FOAC Says YES!

[mpyingling22]

Kim stolfers replyScreenshot_20200405-084624_Facebook.jpg

[mpyingling22]

§ 6107. Prohibited conduct during emergency.

(a) General rule.--No person shall carry a firearm upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:

(1) Actively engaged in a defense of that person's life or property from peril or threat.

(2) Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).

(b) Seizure, taking and confiscation.--Except as otherwise provided under subsection (a) and notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any other provision of law to the contrary, no firearm, accessory or ammunition may be seized, taken or confiscated during an emergency unless the seizure, taking or confiscation would be authorized absent the emergency.

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Accessory." Any scope, sight, bipod, sling, light, magazine, clip or other related item that is attached to or necessary for the operation of a firearm.

"Firearm." The term includes any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any weapon.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)

[Mr_Gixxer]

He's still not right about duty to inform. And now he's concerned about carry during SOE? So worried that he doesn't even bring up the fact that everyone in the room at his "gun rights seminars" needs a LTCF because of the multi year SOE that we've been in perpetually.

[mpyingling22]

replied to wrong post

[S&W19]

Correct there is no law. However the encounter starts off with the officer knowing there is a possibility that there is a gun in it. And it’s not department specific. I’ve done classes with four south east PA centers and they all do the same thing now for all of the stops.

I can confirm that Northampton county does this.

[gnbrotz]

I can confirm that Northampton county does this.

Regardless of LTCF status being known, any officer that conducts any stop without assuming a gun or other weapon *could* be present is a damned fool.

For me, the *absence* of a LTCF would be of bigger concern to me than the existence of one, but I get that my mindset is opposite the prevalent one in the LE community.

[Orive 8]

Regardless of LTCF status being known, any officer that conducts any stop without assuming a gun or other weapon *could* be present is a damned fool.

Exactly, while working as a LEO, EVERY stop or contact that I had with an individual(s) was with the assumption/belief that the person was possibly armed with a weapon. And even if they didn't have a weapon, the fact that I had one on my hip and the individual - if so disposed, could try to grab/take it... means that at every stop/contact/call there is a weapon present.

Every officer - should have that mindset, and in my opinion, so should a CCWer/LTCFer person. But that is my opinion.

[gghbi]

§ 6107. Prohibited conduct during emergency.

(a) General rule.--No person shall carry a firearm upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:

(1) Actively engaged in a defense of that person's life or property from peril or threat.

(2) Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).

(b) Seizure, taking and confiscation.--Except as otherwise provided under subsection (a) and notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any other provision of law to the contrary, no firearm, accessory or ammunition may be seized, taken or confiscated during an emergency unless the seizure, taking or confiscation would be authorized absent the emergency.

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Accessory." Any scope, sight, bipod, sling, light, magazine, clip or other related item that is attached to or necessary for the operation of a firearm.

"Firearm." The term includes any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any weapon.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)

Important to note the different (broader) definition of 'firearm' than in other parts of the law!

[PAMedic=F|A=]

I agree that this will not be a "bash Kim" thread. He's done a lot for the cause, he should be judged over his entire career, not nitpicked. Everybody makes a bad call now and then, and health problems take a toll, fighting the Harrisburg corruption takes a toll, being second-guessed by wanna-be's takes a toll. Kim is still putting in the work to do the seminars and fight the good fights.

We don't let bad advice stand. We discourage trolls and those with anger management issues, so we don't welcome "everybody", but anyone who behaves himself gets to stay and opine in a civil manner. It's why no other PA gun forum is even in the same order of magnitude as PAFOA, because it's not some kind of cult. Nobody's required to believe anyone, which is why the text of the laws is pulled into so many discussions. The statutes are King, along with the case law.

Just going to repost that...

[NOBODY]

IANAL but...my logic tells me that if a LTCF is required to open carry and I am OC'ing and asked for my LTCF by LEO one should provide it, I would not resist.

I do not Open carry so this situation does not apply to me however, my logic tells me that a license is required to drive a car and I am NOT OK with an officer asking to see mine without and justification. The courts have ruled ( I am not sure what level,) that the carrying of a firearm where legal is not justification for stopping.

Freedom is dangerous.

I will let those with more knowledge of PA laws ring in.

No offense and you do what is best for you.

NOBODY