Pennsylvania Firearm Owners Association
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  1. #1
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    Default Traffic Stop- Legally breaking the law?

    I was referred here from OCDO. I've stopped in a few times but had an incident and I was told it should also be placed here since its more local. So I'l paste the relevant parts of the story with additional info I've gotten since that time.

    Ok so I was in Factoryville Pa, for those who know the area. Eastbound Rt6 and got pulled over for speeding. The cop came up to my window and asked for the usual. At this point I told him "Before we go any further I want to inform you I am carrying a firearm on my hip, I have a licence." I KNOW I have to obligation to, but it makes me feel better to do it, and I would rather they don't freak if they see it. I did see a video where a officer put his duty pistol to the drivers head and threaten to kill him when they saw it.

    So he asked me for my licence, and I told him I didn't have my DL on me but I had the number if he could run it that way. Heres the bad part. I don't think I have any chance at a case because I cant remember the details. He asked/demanded my firearm. If he demanded it then he broke the law. If he asked and I complied I waived my rights. I gave him my LTCF

    So I asked if he wanted me to unload it and he told me he would do it. I pulled it by the back of the slide and handed it over. He unloaded it on my roof and took my papers and my gun back to his car. Then I waited for perhaps fifteen minutes while he must have called in and verified everything and was updated.

    He then asked me to step out of the vehicle and come to the side of the road. He gave me back my papers. I would have recorded it but my phone was in the car, and I have to get his permission first. He informed me my LTCF only meant I could carry openly. It doesn't allow Concealed carry, which is what I was doing because I was in my vehicle. He informed me I needed a Concealed Carry Licence, or a CCW he said. Apparently the laws just changed because of the Melanie Haine incident at the soccer field (he used her name, yes) and the Dickson City incident. He said because of those incidents a "LTCF" only means open carry. Open carry without a licence is illegal he said. And to conceal I need a CCW.

    He told me I need to put my gun in the glove box and the mag in the back seat. This was a new law he pointed out. Just this year.But he's not taking my gun, and he's not taking me in, they are just informing people with these old licences. I told him open carry does not require a permit of any kind in PA. He shook his head and said it now does, just passed. I need to go to my court house and get a new permit with a picture on it or I would have to unload my gun and store it in my vehicle. I had a pamphlet in my back pocket but didn't bother taking it out after he repeatedly told me this was a new law.

    I said my brother is in Police Academy and because I open carry he asked all about it and they agreed that open carry doesn't need a licence. He said my brother isn't a cop yet and maybe they didn't get the yearly update yet.

    He then thanked me very much for informing him about the gun, and shook my hand calling me a fine gentleman. Then I signed the ticket for speeding and after a quick explanation I was allowed to leave. He sat and watched me stick the gun in the glove box and toss my mag in the back.

    I may have left out a few details but I'm still shaking and pissed. My brother heard the story and told me to sue his ass off, but I cant remember if he demanded it or asked me.

    When the cop was telling me all this I started shaking then too but it was because I was so irritated. IVE ONLY BEEN OCING FOR A WEEK!!! Already I'm getting hassled.


    Ok so its 11:30 and I have to work, did a quick check on the update the officer speaks of and one of the first links I clicked had the info on this very forum heres the link, the update concerning open carry is at the top.
    http://forum.pafoa.org/open-carry-14...ng-page-4.html

  2. #2
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    Default Re: Traffic Stop- Legally breaking the law?

    I'm hoping this is a joke.

    ETA: WTF? you didn't have your DL with you?????
    Last edited by fingers80002; March 18th, 2009 at 11:55 PM.

  3. #3
    Join Date
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    Mountain Top, Pennsylvania
    (Luzerne County)
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    Default Re: Traffic Stop- Legally breaking the law?

    Sorry, but I'm suspicious. I find it hard to believe that there is an LEO out there that is that stupid or poorly trainined.

    OP: Are you recalling what the LEO said correctly? That info you claim the officer gave you is beyond bizarre, not to mention 100% bogus...
    _________________________________________

    danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
    you won't, I will not sit with my thumb up my bum and complain, because you will.
    Remember Meleanie

  4. #4
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    scpa, Pennsylvania
    (Dauphin County)
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    Default Re: Traffic Stop- Legally breaking the law?

    go to sleep honey.

  5. #5
    Join Date
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    Scranton, Pennsylvania
    (Lackawanna County)
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    Default Re: Traffic Stop- Legally breaking the law?

    We're talking Wyoming County.

    'Nuff said.
    "...a REPUBLIC, if you can keep it."

  6. #6
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    Luzerne County, Pennsylvania
    (Luzerne County)
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    Default Re: Traffic Stop- Legally breaking the law?

    The carry laws didn't change. The LEO that stopped you is a mo-ron!

    There is no "new law".

    Tell him to read the law where it states that a license to carry firearms (LTCF) allows the person to carry concealed on or about his person or in a vehicle.

    This had to be a municipal LEO. Which department? I would fire off a letter to the mayor and/or police chief pointing out the blatantly wrong information this LEO has.

  7. #7
    Join Date
    Mar 2008
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    Reading, Pennsylvania
    (Berks County)
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    Default Re: Traffic Stop- Legally breaking the law?

    My head hurts after that one...

    Melanie's Law, that you need a LTCF to OC, and a CCP to CC? So much bogus info there, you need to do some letter writing to that offcier's CO.

  8. #8
    Join Date
    Mar 2007
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    Johnstown, Pennsylvania
    (Cambria County)
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    Default Re: Traffic Stop- Legally breaking the law?

    I was just honestly wondering what he'd have done had you slapped the mag in the pistol, shoved it in your holster and left.
    Every man is my superior in that I may learn from him.

  9. #9
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    Scranton, Pennsylvania
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    Default Re: Traffic Stop- Legally breaking the law?

    Sounds like he came from NY and only had a very loose Pa training session. Whether he was confused about the laws, misinformed, or lying for some odd unknown reason, that is the first time I've heard that line from anyone, especially an LEO. I don't think it's very likely that he was intentionally misinforming you, so it would seem that the most likely possibility was that he was misinformed. Perhaps he was spending time on a Philly PD discussion board.

    Welcome to the forum.
    Last edited by nepawolf; March 19th, 2009 at 01:24 AM. Reason: Grammar

  10. #10
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    Lemoyne, Pennsylvania
    (Cumberland County)
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    Default Re: Traffic Stop- Legally breaking the law?

    Wow, yeah I would definitely take this up with a higher law enforcment authority in your locality! Get to the bottom of this! This LEO needs to be re-trained on laws!!

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