Pennsylvania Firearm Owners Association
Page 1 of 7 12345 ... LastLast
Results 1 to 10 of 65
  1. #1
    Join Date
    Nov 2009
    Location
    Mill Hall, Pennsylvania
    (Clinton County)
    Age
    33
    Posts
    1,792
    Rep Power
    21474848

    Default 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 bellum
    μολ ν λαβέ
    What 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!

  2. #2
    Join Date
    Jan 2007
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
    Posts
    27,377
    Rep Power
    21474877

    Default Re: Duty to Inform? FOAC Says YES!

    Should have asked him if Open Carry is legal too.
    (Pgh) PAFOA GROUP SHOOT * Sat June 20th * ALL WELCOME (click 4 info)

  3. #3
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
    Posts
    12,727
    Rep Power
    21474862

    Default 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;


    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
    There's merit to carrying your backup mag in a backup gun.

  4. #4
    Join Date
    Nov 2009
    Location
    Mill Hall, Pennsylvania
    (Clinton County)
    Age
    33
    Posts
    1,792
    Rep Power
    21474848

    Default Re: Duty to Inform? FOAC Says YES!

    Quote Originally Posted by GunLawyer001 View Post
    He may have it confused with the duty to provide the license upon demand, when carrying in reliance on that license;


    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.
    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 bellum
    μολ ν λαβέ
    What 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!

  5. #5
    Join Date
    Nov 2009
    Location
    Mill Hall, Pennsylvania
    (Clinton County)
    Age
    33
    Posts
    1,792
    Rep Power
    21474848

    Default Re: Duty to Inform? FOAC Says YES!

    Quote Originally Posted by Emptymag View Post
    Should have asked him if Open Carry is legal too.
    They talked about open carry and someone told them at the end they forgot to mention the state of emergency requiring the LTCF to open carry as well as mentioning Philly's laws requiring it.
    Si vis pacem, para bellum
    μολ ν λαβέ
    What 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!

  6. #6
    Join Date
    Apr 2019
    Location
    Philadelphia, Pennsylvania
    (Philadelphia County)
    Posts
    20
    Rep Power
    0

    Default Re: Duty to Inform? FOAC Says YES!

    Quote Originally Posted by GunLawyer001 View Post
    He may have it confused with the duty to provide the license upon demand, when carrying in reliance on that license;


    § 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.
    Does this mean a demand to see the license while open carrying in Philadelphia, or open carrying during a state of emergency, may be lawfully ignored/declined? Since the statute only mentions concealed and in a vehicle.

  7. #7
    Join Date
    Sep 2008
    Location
    Ephrata, Pennsylvania
    (Lancaster County)
    Age
    32
    Posts
    1,947
    Rep Power
    6236486

    Default Re: Duty to Inform? FOAC Says YES!

    When you get pulled over, the officer may already know if you have one or not. When an officer calls out a stop, we run the plate and the name, we are then to inform the officer if there is a carry license associated.
    Quote Originally Posted by Lycanthrope View Post
    OC.......do it for the boobies........

  8. #8
    Join Date
    Mar 2009
    Location
    Southwest, Pennsylvania
    (Washington County)
    Posts
    1,918
    Rep Power
    21474849

    Default Re: Duty to Inform? FOAC Says YES!

    Quote Originally Posted by The Unknown 1087 View Post
    When you get pulled over, the officer may already know if you have one or not. When an officer calls out a stop, we run the plate and the name, we are then to inform the officer if there is a carry license associated.
    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.

  9. #9
    Join Date
    Nov 2009
    Location
    Mill Hall, Pennsylvania
    (Clinton County)
    Age
    33
    Posts
    1,792
    Rep Power
    21474848

    Default Re: Duty to Inform? FOAC Says YES!

    Quote Originally Posted by marinville View Post
    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.
    This was always my understanding as well. It's frustrating when we keep getting conflicting information from people who lead organizations who should know better.
    Si vis pacem, para bellum
    μολ ν λαβέ
    What 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!

  10. #10
    Join Date
    Mar 2009
    Location
    Southwest, Pennsylvania
    (Washington County)
    Posts
    1,918
    Rep Power
    21474849

    Default Re: Duty to Inform? FOAC Says YES!

    Quote Originally Posted by Mr_Gixxer View Post
    This was always my understanding as well. It's frustrating when we keep getting conflicting information from people who lead organizations who should know better.
    Don't forget, in advance of the Pittsburgh rally, FOAC officers were telling folks that it was illegal for them to carry long arms during the state of emergency, regardless of LTCF.

Page 1 of 7 12345 ... LastLast

Similar Threads

  1. Duty to Inform when stopped by police
    By jxh5761 in forum Concealed & Open Carry
    Replies: 59
    Last Post: August 17th, 2017, 07:53 AM
  2. Replies: 28
    Last Post: January 15th, 2013, 02:03 AM
  3. Game Warden, any duty to inform, etc?
    By pennsylvaniaboy in forum Concealed & Open Carry
    Replies: 45
    Last Post: January 28th, 2012, 11:21 AM
  4. Duty to inform
    By General Geoff in forum Concealed & Open Carry
    Replies: 10
    Last Post: March 16th, 2011, 03:18 PM
  5. Duty to inform in Philly?????
    By beekay in forum Concealed & Open Carry
    Replies: 1
    Last Post: June 17th, 2010, 01:14 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •