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Thread: Traffic stop???

  1. #1
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    Default Traffic stop???

    Okay before i get torn apart let me state that i am new here and only have had my LTCF for about 2 weeks. After reading similar threads on this topic i am very confused. If i am carrying my M&P 40 and i am pulled over by a LEO do i or do i not inform him i have a loaded weapon in the car? What kind of treatment should i expect if i do tell them? What if i dont and some how they see it? Will i be yanked out of the car and thrown to the ground like a criminal? What if i decide to open carry and have it on my hip? Do i say i have a loaded gun on my hip while i have my hands on the wheel?
    Ive been reading this forum feverishly for days and have read so many conflicting opinions.

    Very confused.......

  2. #2
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    Default Re: Traffic stop???

    In PA, you are not legally required to notify an officer you are carrying.
    The officer is not legally allowed to take your firearm from you, throw you on the ground, arrest you, etc for simply carrying.
    The officer has no legal RAS to do anything/ask anything of you in regards to that firearm.

    that being said....

    Cop is human, he could do anything he wants to you from yelling at you to shooting you.... Not all cops know the law and those that do may not choose to follow it.

    Proceed as you feel comfortable.

  3. #3
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    Default Re: Traffic stop???

    Quote Originally Posted by Opie610 View Post
    Okay before i get torn apart let me state that i am new here and only have had my LTCF for about 2 weeks. After reading similar threads on this topic i am very confused. If i am carrying my M&P 40 and i am pulled over by a LEO do i or do i not inform him i have a loaded weapon in the car? What kind of treatment should i expect if i do tell them? What if i dont and some how they see it? Will i be yanked out of the car and thrown to the ground like a criminal? What if i decide to open carry and have it on my hip? Do i say i have a loaded gun on my hip while i have my hands on the wheel?
    Ive been reading this forum feverishly for days and have read so many conflicting opinions.

    Very confused.......
    So what is it that you are looking for, if you have read through so many conflicting opinions? A clear cut, written in stone answer? You won't find that here, or anywhere else, on this topic.

    The fact is that there is no duty to inform in this Commonwealth. Period.

    Having said that, you have the right to inform or not. There are police who will not freak out because you have a firearm and there are those who will. There are some who will not freak out if they find out you are carrying on their own, and there are some that will. It is up to the individual to weigh the risks of informing or not, in whatever situation they find themselves.

    Personally, I have had an experience where I was CC and never mentioned it, interacted with a trooper for over 20 minutes with no problem, until he was pulling away and the wind blew my shirt up, exposing my holstered weapon. He squealed the brakes, threw it in park, jumped out behind his door and acted as if I had drew it and aimed it at him. It was a very unpleasant experience that included my being manhandled and having my property stolen, because he, "doesn't like surprises".

    I have also had a cop, who had been called about me carrying, approach me, after I had waved him over-as I knew I was who he was looking for-, who simply asked if I had a LTCF and when I answered yes, he didn't even ask to see it.

    Sorry that you will not find more help on this topic, but this is something that is subjective and subject to many variables.

    "I would rather be exposed to the inconveniences attending too much liberty
    than to those attending too small a degree of it."~Thomas Jefferson, 1791
    Hobson fundraiser Remember SFN Read before you Open Carry

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    Default Re: Traffic stop???

    My understanding is, you do not have to tell them, yet dont directly lie about it. And if it looks like they might see it, its probably best to quietly inform them so its not a shock...


    Edit* you guys are fast! And covered it better then i did.
    Semper Fi

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    Default Re: Traffic stop???

    It's your choice whether or not you inform the officer, but as you may know, we have no duty in PA to inform officers that we are carrying a sidearm.

    It's impossible to say what the reaction of the officer will be in either case since every incident seems to go differently for everyone.

    If you chose not to inform the officer, and he for whatever reason asked you to step out of the vehicle, you should inform him at that point that you have a valid LTCF and you are in fact carrying; however, many members here will tell you not to say a word during the initial traffic stop unless there is a reason to like I mentioned above.

    EDIT: I just wanted to add that I was pulled over once by a State Trooper for a minor traffic infraction, and I decided I was going to inform him that I was carrying. He asked me to step out of the vehicle and removed my firearm from it's holster, but gave it back after he returned to my vehicle, and thanked me for informing him, and I was let off with a warning. I didn't agree with being disarmed, but the officer was polite the entire time, and I have a feeling that I got a warning because of my informing him that I was carrying.
    Last edited by Agent Smith; January 31st, 2010 at 01:11 AM.

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    Default Re: Traffic stop???

    Quote Originally Posted by headcase View Post
    this is something that is subjective and subject to many variables.
    Welcome to Equal Justice Under Law!

    ...
    Last edited by ImminentDanger; January 31st, 2010 at 01:34 AM.

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    Default Re: Traffic stop???

    Quote Originally Posted by Agent Smith View Post
    EDIT: I just wanted to add that I was pulled over once by a State Trooper for a minor traffic infraction, and I decided I was going to inform him that I was carrying. He asked me to step out of the vehicle and removed my firearm from it's holster, but gave it back after he returned to my vehicle, and thanked me for informing him, and I was let off with a warning. I didn't agree with being disarmed, but the officer was polite the entire time, and I have a feeling that I got a warning because of my informing him that I was carrying.
    GET YER FLAME SUIT ON!

    If you are disarmed for no LEGAL reason....what is the next step?

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    Default Re: Traffic stop???

    Quote Originally Posted by BimmerJon View Post
    The officer is not legally allowed to take your firearm from you, throw you on the ground, arrest you, etc for simply carrying.
    The officer has no legal RAS to do anything/ask anything of you in regards to that firearm.
    Be careful in following this advice....

    IF YOU ARE STOPPED FOR A VIOLATION OF THE LAW (even traffic law), you are subject to the 'Officer Safety' confiscation ruling.....

    Review the cases involved here:
    ...

    ...

  9. #9
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    Default Re: Traffic stop???

    Quote Originally Posted by BimmerJon View Post
    GET YER FLAME SUIT ON!

    If you are disarmed for no LEGAL reason....what is the next step?
    No need for the get your flame suit on comment.

    I agree with you 100%. This happened years ago when I first started carrying, and I wasn't familiar with many of the laws like I am now. Also, note that I said I didn't agree with being disarmed

    If this had happened now, I would inform the officer that for the record I am not consenting to being disarmed, searched, or having my property seized for any reason, but will comply as the law says I have to.

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  10. #10
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    Default Re: Traffic stop???

    Quote Originally Posted by ImminentDanger View Post
    Be careful in following this advice....

    IF YOU ARE STOPPED FOR A VIOLATION OF THE LAW (even traffic law), you are subject to the 'Officer Safety' confiscation ruling.....

    Review the cases involved here:
    ...

    ...
    From YOUR thread....and a quote straight out of your mouth. lol
    Quote Originally Posted by ImminentDanger View Post
    An 'Investigative Detention' still does not give to the Officer the right to unreasonable search and seizure. The 'Investigative Detention' must be relevant to a 'Reasonable, Articulable Suspicion' of a specific crime by a specific individual and the investigation and detention are to be directed toward that crime and that person. Therefore, if you are stopped on the street for a 'Littering' violation, it does not give the Officer the right to frisk your person for weapons or contraband. Nor, if you are stopped in your vehicle for speeding, does that give an Officer the right to frisk you or search your vehicle.

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