Pennsylvania Firearm Owners Association
Page 1 of 2 12 LastLast
Results 1 to 10 of 11

Thread: Duty to inform.

  1. #1
    Join Date
    Feb 2007
    Location
    In the middle of no where, Georgia
    Posts
    1,220
    Rep Power
    21474850

    Default Duty to inform.

    After watching a video posted in the lounge that is a parody of a traffic stop concerning guns, a question arose.

    In states where you have a duty to inform, wouldn't the 5th ammendment be violated by requiring one to answer questions/volunteer information?
    Go sell crazy some where else, we're all stocked up here.


    Political power grows from the muzzle of a gun.

  2. #2
    Join Date
    Mar 2009
    Location
    Southwest, Pennsylvania
    (Washington County)
    Posts
    1,788
    Rep Power
    21474848

    Default Re: Duty to inform.

    Yes

  3. #3
    Join Date
    May 2011
    Location
    I live in a van down by the river, Pennsylvania
    (Berks County)
    Age
    18
    Posts
    1,387
    Rep Power
    21474846

    Default Re: Duty to inform.

    Technically yes. Legally the courts say it doesn’t
    I don't advocate for gun rights I advocate for people's rights.

  4. #4
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
    Age
    47
    Posts
    18,708
    Rep Power
    21474867

    Default Re: Duty to inform.

    Yes and no.

    Yes - it would be a 5A violation if you don't have a license/permit, because you would be incriminating yourself.

    No - it wouldn't be a 5A violation if you do do have a license/permit, since you wouldn't be breaking the law for merely carrying, thus cant be incriminating yourself.

    Courts would likely rule it not a 5A violation on the grounds that "rights aren't absolute" and for "safety of the officer".
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot.

  5. #5
    Join Date
    Feb 2010
    Location
    Levittown, Pennsylvania
    (Bucks County)
    Posts
    7,301
    Rep Power
    21474853

    Default Re: Duty to inform.

    Courts protect the criminal's rights. Be carrying illegally, you can invoke the 5th. Be carrying legally with license to do so, there is no criminal activity to be protected from, and the 5th is not applicable. Correct?
    Legislating to prevent people's acts is fantasy

  6. #6
    Join Date
    Mar 2009
    Location
    Southwest, Pennsylvania
    (Washington County)
    Posts
    1,788
    Rep Power
    21474848

    Default Re: Duty to inform.

    IMHO, the right to STFU is absolute. If I don't wanna say some shit, nobody's gonna force me. YMMV.

  7. #7
    Join Date
    Dec 2012
    Location
    Philadelphia, Pennsylvania
    (Philadelphia County)
    Posts
    2,644
    Rep Power
    21474845

    Default Re: Duty to inform.

    Quote Originally Posted by marinville View Post
    IMHO, the right to STFU is absolute. If I don't wanna say some shit, nobody's gonna force me. YMMV.
    That mileage may be very low.

  8. #8
    Join Date
    Mar 2009
    Location
    Southwest, Pennsylvania
    (Washington County)
    Posts
    1,788
    Rep Power
    21474848

    Default Re: Duty to inform.

    Quote Originally Posted by Carson View Post
    That mileage may be very low.
    Got me this far anyway.

  9. #9
    Join Date
    Dec 2012
    Location
    Philadelphia, Pennsylvania
    (Philadelphia County)
    Posts
    2,644
    Rep Power
    21474845

    Default Re: Duty to inform.

    Quote Originally Posted by marinville View Post
    Got me this far anyway.
    That’s good.

    Hopefully it works out the same for everybody else.

  10. #10
    Join Date
    Feb 2010
    Location
    Levittown, Pennsylvania
    (Bucks County)
    Posts
    7,301
    Rep Power
    21474853

    Default Re: Duty to inform.

    I was on patrol in the Philadelphia police department just as the civil disobedience movement was coming to the fore. I stopped a driver for a MV infraction I no longer recall. The driver lowered his driver's window about two inches. When I asked for his operator's license and owner's card he pressed them both against the glass. I explained that I had to physically have them in hand temporarily. He tried to refuse.

    I then suggested it will be lot quicker than me calling for a supervisor, who will then call for a tow truck, and he cannot be in the vehicle as it is being towed, so he will either exit the vehicle or he will have to be forcibly extracted. He saw the light, and slid the cards through the cracked driver's window.

    While I was in the patrol car, a horrific rainstorm opened up. The kind that some drivers pull over for. I was ready to return to the man, waited a little bit, and bit the bullet (ahhh...cartridge?)...and walked up to his door. He was soooo animated with laughter and delight!!! I can still see it. (I was internally laughing too).
    Legislating to prevent people's acts is fantasy

Page 1 of 2 12 LastLast

Similar Threads

  1. Duty to Inform? FOAC Says YES!
    By Mr_Gixxer in forum Concealed & Open Carry
    Replies: 49
    Last Post: April 29th, 2019, 09:51 AM
  2. Duty to Inform when stopped by police
    By jxh5761 in forum Concealed & Open Carry
    Replies: 59
    Last Post: August 17th, 2017, 07:53 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
  •  

Local gun shops | Local shooting ranges | Philadelphia Shooting Ranges | Philadelphia Gun Shops | Pittsburgh Shooting Ranges | Pittsburgh Gun Shops