What happens when you are stopped while CC and you don't have your LTCF on you?

[mythaeus]

Do you get a fine? If so, how much? Will you gun be confiscated and you'll have to bring your license to the barrack to pick it up? All of the above?

Thanks,
Al

[Mr_Tom]

"stopped?"

Well, without yoru response, I give them nothing to worry about. Either slipping stuff out of view, or no reason for a pat down.

[mjf]

Why would the officer need to know you were carrying a firearm?

Criminals CC all the time, without a license, and generally are not arrested for CC--as nobody can generally see their firearm.

[edit]

If you were arrested for mere CC, somehow then:

§ 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 produce
such license either at the time of arrest or at the preliminary
hearing shall create a rebuttable presumption of nonlicensure.

[mythaeus]

Failure to produce
such license either at the time of arrest or at the preliminary
hearing shall create a rebuttable presumption of nonlicensure.

Sorry guys, I wasn't clear on my question. It's when the LEO knows that you are carrying or when you are carrying and informed the LEO that you are carrying, but when looking for your license you realize you forgot it at home.

The quote above seems to indicate that I won't be fined or have my firearm seized during normal interaction.

Al

[mjf]

Sorry guys, I wasn't clear on my question. It's when the LEO knows that you are carrying or when you are carrying and informed the LEO that you are carrying, but when looking for your license you realize you forgot it at home.

The quote above seems to indicate that I won't be fined or have my firearm seized during normal interaction.

Al

You would be arrested (§ 6106. Firearms not to be carried without a license)....

(a) Offense defined.--
(1) Except as provided in paragraph (2), any person who
carries a firearm in any vehicle or any person who carries a
firearm concealed on or about his person, except in his place
of abode or fixed place of business, without a valid and
lawfully issued license under this chapter commits a felony
of the third degree.
(2) A person who is otherwise eligible to possess a
valid license under this chapter but carries a firearm in any
vehicle or any person who carries a firearm concealed on or
about his person, except in his place of abode or fixed place
of business, without a valid and lawfully issued license and
has not committed any other criminal violation commits a
misdemeanor of the first degree.

§ 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 produce
such license either at the time of arrest or at the preliminary
hearing shall create a rebuttable presumption of nonlicensure.

It would be initially presumed that you have no license and do not fall under any exemption... So, you'd be arrested.
Then you'd have to prove you're either licensed or exempted. Once arrested, certainly your firearm would be seized.

[HiredGoon]

Can police search the LTCF database by name & address or just by LTCF number?

I seem to recall that there is such a database available to LEOs.

If they can punch in your name and see that you have a valid license, they might let you off the hook???

[mjf]

Can police search the LTCF database by name & address or just by LTCF number?

I seem to recall that there is such a database available to LEOs.

If they can punch in your name and see that you have a valid license, they might let you off the hook???

Hmm, good question, who can legally call that number? It says for "law enforcement use only" on the card... Hmm, can Constables call that number?

<upon researching>

(l) Firearms License Validation System.--
(1) The Pennsylvania State Police shall establish a
nationwide toll-free telephone number, known as the Firearms
License Validation System, which shall be operational seven
days a week, 24 hours per day, for the purpose of responding
to law enforcement inquiries regarding the validity of any
Pennsylvania license to carry a firearm.
(2) Notwithstanding any other law regarding the
confidentiality of information, inquiries to the Firearms
License Validation System regarding the validity of any
Pennsylvania license to carry a firearm may only be made by
law enforcement personnel acting within the scope of their
official duties.
(3) Law enforcement personnel outside this Commonwealth
shall provide their originating agency identifier number and
the license number of the license to carry a firearm which is
the subject of the inquiry.
(4) Responses to inquiries by law enforcement personnel
outside this Commonwealth shall be limited to the name of the
licensee, the validity of the license and any information
which may be provided to a criminal justice agency pursuant
to Chapter 91 (relating to criminal history record
information).

[emsjeep]

I remember a friend telling me that he was stopped w/o a LTCF on him and that, in addition to taking the weapon from him the LEO removed the mag and extra mags and took all of the ammunition out of them and lined the rounds up on the hood of the car. After searching some sort of database for his LTC the LEO came back and said that he could not find it. Friend then informed the LEO that it was issued by a county other than where he currently was and a new search brought up the LTC and he was allowed to go on his way.

[crakkajakka15]

im sure if you get caught without your LTCF the LEO will find you a nice place to stay for the night....being a CCer or carrier in general means you need to be responsible enough to have your LTCF on you at all times you are carrying. Unless your OC and are that brave. I leave mine in my wallet behind my license...i never go anywhere without my wallet.

[archon]

Failure to produce a LTCF while CCing would give the officer PC to arrest you. At that point, he has no duty to search any third party database even if you assert you have a license. If he is a nice guy or is looking to avoid doing a lot of paperwork he can search the database and probably will. Assuming you have some sort of ID on you he will probably let you go at that point because once he verifies you have a license he is then lacking PC to detain you. He may however keep your gun and make you report to the barrack or police department to show your permit to get it back (although this is practice is questionable and may be unconstitutional.) If he is a really nice guy, he might allow you to make a phone call to see if someone can get the license and bring it to the location where you are being detained.

If you are arrested you will need to introduce your license into evidence during your preliminary hearing. The judge will probably adjourn to verify your license, and assuming no other objections, the charges will be dismissed. Or, before your hearing, you could produce your license to the police officer of DA and they will most likely withdraw the charges or ask for dismissal (no one wants to waste their time with unneccessary paperwork and hearings.)

Unless you are daring or have always wondered what is it like to be cuffed, stuffed, booked, and jailed I would always double check you have your license before leaving the house.