The cop asks if I have any firearms...

[wa3ra]

And I'm cc'ing my Nagant...

By the definition, it isn't a firearm...*

What would YOU do...




* at least per CFR27...

[MDJschool]

That post seems like an unfinished thought...

I don't see why it ought to be approached in any different way than if it were a 18 Pa.C.S. 6102 firearm, that is, with silence.

First thing is that a pre-1899 Nagant will be expensive.
Next is that perhaps in PA cc of an antique firearm requires a license.

What I'd personally do is ask him to recite Pa.Const. Art I, Sec 1, 21, and 25, and prepare to arrest the officer for a breach of the peace misdemeanor.

§ 6118. Antique firearms


(a) General rule.--This subchapter shall not apply to antique firearms.

(b) Exception.--Subsection (a) shall not apply to the extent that such antique firearms, reproductions or replicas of firearms are concealed weapons as provided in section 6106 (relating to firearms not to be carried without a license), nor shall it apply to the provisions of section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) if such antique firearms, reproductions or replicas of firearms are suitable for use.

(c) Definition.--As used in this section, the term “antique firearm” means:

(1) Any firearm with a matchlock, flintlock or percussion cap type of ignition system.

(2) Any firearm manufactured on or before 1898.

(3) Any replica of any firearm described in paragraph (2) if such replica:

(i) is not designed or redesigned for using rimfire or conventional center fire fixed ammunition; or

(ii) uses rimfire or conventional center fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

CREDIT(S)

1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973. Amended 1979, July 16, P.L. 116, No. 47, § 1, effective in 60 days; 1983, Dec. 20, P.L. 291, No. 78, § 3, imd. effective; 1995, June 13, P.L. 1024, No. 17 (Spec. Sess. No. 1), § 8, effective in 120 days; 1995, Nov. 22, P.L. 621, No. 66, § 6, imd. effective.

HISTORICAL AND STATUTORY NOTES

2000 Main Volume

Act 1995, No. 17 (Spec. Sess. No. 1) in subsec. (b) in the parenthetical clause following “section 6105”, substituted “persons not to possess, use, manufacture, control, sell or transfer firearms” for “former convict not to own a firearm, etc.”; at the beginning of subsec. (c), substituted “As used in” for “For the purpose of”; and, in subsec. (c)((2)(i) and (ii), substituted “rimfire” for “rim fire”.

Act 1995, No. 66, rewrote subsec. (c), which formerly read:

“(c) Definition.--As used in this section, the term ‘antique firearm’ means:
“(1) any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured on or before 1898; and
“(2) any replica of any firearm described in paragraph (1) if such replica:
“(i) is not designed or redesigned for using rimfire or conventional center fire fixed ammunition; or
“(ii) uses rimfire or conventional center fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.”

Prior Laws:

1968, July 31, P.L. 802, § 1.
1968, July 30, P.L. 690, § 1.
1963, Aug. 13, P.L. 660, No. 346, § 1.
1961, Aug. 4, P.L. 921, § 1.
1953, July 27, P.L. 627, § 1.
1943, May 21, P.L. 485, § 1.
1943, May 21, P.L. 306, § 1.
1939, June 24, P.L. 872, § 628 (18 P.S. § 4628).
1931, June 11, P.L. 497, §§ 1 to 21.

***

CFR references usually begin with a title and end with at least a section.

[marinakorp]

" I have no illegal weapons on me Officer"

[david1]

Just tell him what you have. Why does everyone make a big deal out it. Instead of causing a huge scene just tell him and be on your way. If not and he finds out he will be pissed, back up will be called and you will be in the back of a cop car over something stupid.

[tomgun1]

David1...finally another member with common sence

[granuale]

Just tell him what you have. Why does everyone make a big deal out it. Instead of causing a huge scene just tell him and be on your way. If not and he finds out he will be pissed, back up will be called and you will be in the back of a cop car over something stupid.

Or, just tell him and be drawn down on, thrown on the car, have the cop take your gun and fumble around with it while muzzling you, be handcuffed, have the cop disassemble the gun, be interrogated about your rights and where/how/when you got the gun, and either have it returned to you, or simply stolen by the police as has happened many times documented here on PAFOA.

[Steve_NEPhila]

Common sense is not talking to the police. This means not entertaining their questions. You are protected by the Bill of Rights and you bear no duty to in any way subject yourself to police questioning, they ask you do not have to answer.

Guys like david1 and tomgun1 will always think they can outsmart or out talk the police and want to be kind to them, try not to offend them. That is the weakest position for any individual to take. I post this all the time up here, yet it is relevant to the question: DO NOT TALK TO THE POLICE!



Not talking to the police includes that you do not have to answer their questions, small talk or any kind of banter whatsoever.

I wonder why this question keeps coming up? Gun owners always cite the second amendment, yet it appears they are (as a group) weak on the others!!! Know your rights.

[theo]

Or, just tell him and be drawn down on, thrown on the car, have the cop take your gun and fumble around with it while muzzling you, be handcuffed, have the cop disassemble the gun, be interrogated about your rights and where/how/when you got the gun, and either have it returned to you, <snip> by the police as has happened many times documented here on PAFOA.

Exactly what happened to my son (before he knew any better). Pay very close attention to the video.


.

[tlgpa]

Or, just tell him and be drawn down on, thrown on the car, have the cop take your gun and fumble around with it while muzzling you, be handcuffed, have the cop disassemble the gun, be interrogated about your rights and where/how/when you got the gun, and either have it returned to you, or simply stolen by the police as has happened many times documented here on PAFOA.

Exactly. If you run into an LEO that will behave like this, he will behave this way whether or not you inform him.
If you inform him, there's 100% chance of this happening.
If you don't inform him, the odds drop considerably.

[david1]

Wouldnt it be easier to just tell them what you have and let them know before hand, or is it so important to have the right not to? How many situations have we all heard about when cops dont know the law? I bet if a cop asks you a question and you dont answer them you will be either tased or arrested. My thought is that it is so much easier to let them fumble around for 10-15 minutes before someone they call on for back up knows the laws then get a bullet in your ass. Yes I will talk to cops because it beats the hell out of being put in the back of a car or being tased. Just do me a favor the next time a cop asks you if you are carrying a fire arm or whatever they ask you and you dont answer or say no and they find one on you let me know how well that works out for you. Tell Bubba all about your rights when you are in prison. Cops are not the smartest people out there and dont know the laws like they should but messing with them only makes things worse. Too many people care too much about the fine print and not about common sense. Use common sense so you dont have to post stupid questions on here! Like knowing I am carrying something that a cop will freak out about should I tell them? Ummmmmm what do you think you should do?