Pennsylvania Firearm Owners Association
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  1. #1
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    (Chester County)
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    Default let me get this straight...

    if stopped by law enforcement:

    if you are OCing, you do not have to provide an LEO with anything; not an LTCF, not a drivers license, NOT your gun.

    if you are CCing (or OCing in a car, or in philly, or any other places an LTCF is required), you must provide an LEO with your LTCF and drivers license (or other id), but NOT your gun.

    if you are CCing you have NO duty to inform the officer of this unless he asks.


    could someone please tell me if this is accurate, and if not, correct it?

  2. #2
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    (Montgomery County)
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    Default Re: let me get this straight...

    I believeif asked you must Id yourself but otherwise if not in Philly or in a vehicle (or ever spotted in one by the officer) no actual form of ID is required but gun lawyer should give you a firm yes or no on that. I'm not sure if in PA forces us to show Id and carry it. I don't think so but wait for GL as IANAL

  3. #3
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    Default Re: let me get this straight...

    if stopped by law enforcement:
    STOP right there! Before one can go any further, one must know why one was stopped. Were you being stopped for suspicious activity, jaywalking or OCing? Was the law enforcement officer lost and looking for directions? A "yes" to any of the preceding will send you in a different direction for the questions posed by you.
    if you are OCing, you do not have to provide an LEO with anything; not an LTCF, not a drivers license, NOT your gun.
    If that's why you're being stopped, then the most likely answer is "yes."
    if you are CCing (or OCing in a car, or in philly, or any other places an LTCF is required), you must provide an LEO with your LTCF and drivers license (or other id), but NOT your gun.
    Any vehicle stop requires Driver's License, Vehicle Registration and Proof of Insurance. Unless you were being stopped for shooting your firearm out (or through) an open/closed window, neither your LTCF nor firearm should even be an issue.
    if you are CCing you have NO duty to inform the officer of this unless he asks.
    Even if he does ask, you have no obligation to respond at all. If it is a Terry stop (requires Reasonable Articulable Suspicion of a crime afoot), you are required only to identify yourself (verbally only - "proof" of identity is not required). For any other questions YOU HAVE THE RIGHT TO REMAIN SILENT.
    Last edited by Statkowski; December 21st, 2009 at 07:39 AM.

  4. #4
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    Default Re: let me get this straight...

    Unfortunately, from my experiences, we should never assume leos know the laws pertaining to oc and cc. Yes, they should, but many don't. Remaining silent is what we should do, but doing so confuses, irritates, and frustrates the leo in most cases. As the previous post states, know what you are stopped for by asking the leo and then go from there. If they're looking for a man in a car with a gun, you respond differently then you would if you weren't wearing a seatbelt.

  5. #5
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    Default Re: let me get this straight...

    Quote Originally Posted by nailer View Post
    Unfortunately, from my experiences, we should never assume leos know the laws pertaining to oc and cc. Yes, they should, but many don't. Remaining silent is what we should do, but doing so confuses, irritates, and frustrates the leo in most cases. As the previous post states, know what you are stopped for by asking the leo and then go from there. If they're looking for a man in a car with a gun, you respond differently then you would if you weren't wearing a seatbelt.
    The police are allowed to lie, so how do you know they are really looking for a man with a gun that fits your and your vehicle's description? Sorry if my liberty creates a hardship for an officer having to do his job that we all pay him/her for. Oh, the irony.
    It is you. You have all the weapons that you need. Now fight. --Sucker Punch

  6. #6
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    (Westmoreland County)
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    Default Re: let me get this straight...

    I got pulled over about a year ago on East Pittsburgh street in Greensburg. I forgot to put my sticker on my plate and was 2 days over the limit with that. While being pulled over the LEO came up to my window and asked for the necessary proof of insurance, bla bla bla bla.
    He asked me if I was carrying a gun. That was it........he didn't ask for an LTCF or whatever.

    He did lean back a little though, as to say, ok thanks partner.....just wanted to be sure.
    My bumper sticker probably gave me away.....

    Ron
    You can only get smarter by playing a smarter opponent

  7. #7
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    Default Re: let me get this straight...

    Quote Originally Posted by Statkowski View Post
    If it is a Terry stop (requires Reasonable Articulable Suspicion of a crime afoot), you are required only to identify yourself (verbally only - "proof" of identity is not required). For any other questions YOU HAVE THE RIGHT TO REMAIN SILENT.
    Citation of law for needing to verbally identify yourself?
    I am not a lawyer and nothing I say should be construed as legal advice.

  8. #8
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    Default Re: let me get this straight...

    Quote Originally Posted by zackattack784 View Post
    Citation of law for needing to verbally identify yourself?

    http://en.wikipedia.org/wiki/Stop_and_Identify_statutes

    NB: I know it's wikipedia, but if you prefer more solid sources, merely follow the links. Hibel is a good place to start.

    While many claim to support the right, precious few support the practice.

  9. #9
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    Harrisburg, Pennsylvania
    (Dauphin County)
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    Default Re: let me get this straight...

    Quote Originally Posted by XACEX View Post
    if stopped by law enforcement:

    if you are OCing, you do not have to provide an LEO with anything; not an LTCF, not a drivers license, NOT your gun.

    if you are CCing (or OCing in a car, or in philly, or any other places an LTCF is required), you must provide an LEO with your LTCF and drivers license (or other id), but NOT your gun.

    if you are CCing you have NO duty to inform the officer of this unless he asks.


    could someone please tell me if this is accurate, and if not, correct it?
    IANAL, but I was under the impression in PA you have to comply with a LEO's order even if it is not lawful?
    Manus Haec Inimica Tyrannis

  10. #10
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    Default Re: let me get this straight...

    Quote Originally Posted by HBGMarine View Post
    IANAL, but I was under the impression in PA you have to comply with a LEO's order even if it is not lawful?
    That depends what your talking about. If a LEO wants to disarm you, he/she is going to do it. There is no law that says you have to make it easy for them. If they decide, for whatever reason, that they are going to keep it, you need to demand a receipt for it.
    " The Seeds of Oppression Will One Day Bear The Fruit of Rebellion."

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