Must a LTCF be carried on your person ?

[BufordTPisser]

You actually have seven days to produce your drivers license. I always thought it was 24 hours, but one of our leo members corrected me.

Is that law, or courtesy. I ask because I know of some who were fined on the spot only to have it dropped at the hearing. But then again they had the hassel of a hearing.

[gnbrotz]

Is that law, or courtesy. I ask because I know of some who were fined on the spot only to have it dropped at the hearing. But then again they had the hassel of a hearing.

It's the law.

15 days to produce DL (75PACS1511)
5 days to produce registration (75PACS1786(g)(1))

[normanvin]

Is that law, or courtesy. I ask because I know of some who were fined on the spot only to have it dropped at the hearing. But then again they had the hassel of a hearing.

This was a few years ago. I thought he said it was law. I did a quick google and did not find anything.

I was stopped by a state trooper a few years ago. I told him I did not have my license on me. He as "Why not"? I told him it was not my habit to carry a wallet and that it was my understanding that I had 24 hours to show it. He told me to stop off at the barracks and show it to the shift commander. Never received a ticket.

[cigarmanpa]

My comment should have been LTCF while CC, and ID or DL while CC in a vehicle. ID or DL to prove privilege to drive. My bad.

you're still "bad". you don't need a ltcf to "cc in a vehicle" you need a ltcf to carry a loaded handgun in a vehicle period.

[BufordTPisser]

you're still "bad". you don't need a ltcf to "cc in a vehicle" you need a ltcf to carry a loaded handgun in a vehicle period.

Where did I say loaded handgun?? But point taken.

[normanvin]

It's the law.

15 days to produce DL (75PACS1511)
5 days to produce registration (75PACS1786(g)(1))

Thanks Greg.

[rikilii]

Long story short, it appears that you are not literally required to carry it, but if you are not carrying it (or at least a copy), you can probably expect to be arrested in any situation where a cop demands that you produce one and you don't.

In other words, carry it and not carrying may not make a difference whether you'll get convicted of anything, but it very likely will make a difference whether you get arrested.

[TaePo]

I think the clause, "upon lawful demand of a law enforcement officer", holds some tantalizing prospects. Apparently this suggests only a law enforcement officer can demand the LTCF (not security, not managers/owners, not military and not judges(??)). It must also be a lawful demand (however that will get defined through case law). The word "upon" would indicate immediately. This brings to mind if the National Guard would be considered law enforcement during declared emergencies or not. Though seemingly remote, it would be an important consideration should it ever happen.

I also read it to mean that one can produce proof later at time of arrest or arraignment or it will be assumed you are not licensed but you can still argue or prove you are licensed at trial before a verdict is reached. IANAL, though, and would gladly listen to their views if they have any they wish to share. Most people would not want to spend the weekend or an extended time in jail if no bail is granted to prove licensing later on principle, unless you are not gainfully employed or retired, I would imagine!

[GunLawyer001]

Section 6119. Violation penalty.
Except as otherwise specifically provided, an offense under this subchapter constitutes a misdemeanor of the first degree.

Section 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 provide such license, either at the time of arrest or at the preliminary hearing, shall create a rebuttable presumption of nonlicensure.


OK, so if you fail to produce your LTCF upon demand, you violate 6122. Per 6119, that's a 1st degree misdemeanor.

Unless the "penalty" is the rebuttable presumption of non-licensure, so 6119 doesn't apply.

Or unless the amount of time allowed for production of the license is "a reasonable time", so that you can "produce the license for inspection" an hour or a day or a couple of days later.

I'd carry the license, or (if you think the local cops won't hand it back) at least a B&W photocopy so you can argue that you produced something immediately, and the original within a reasonable time.

The problem with copies is that they don't provide evidence that the Sheriff didn't revoke your LTCF, they only show that you once had a license, or that you possess a copy of PhotoShop.

[marinville]

I recall reading that a number of forum members believe it is lawful to carry a photocopy of your LTCF, rather than the actual license. Reading the law I can not see where this belief comes from. It appears to me, that you are required to produce the license itself, not a copy. Would anyone care to elaborate?

§ 6122. Proof of license and exception.

1. 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.
2. 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.

(Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; Apr. 22, 1997, P.L.73, No.5, eff. 60 days)

1997 Amendment. Act 5 amended subsec. (a).

1988 Amendment. Act 158 added section 6122.