Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Jul 2008
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    obama,pa, Pennsylvania
    (Allegheny County)
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    Default i have a legal pistol in car question

    this happened 3 yrs ago but i was'nt a member here then.ok i was pulled over for expired inspection and had to show my ccw permit because my registrasion and insurrance cards were in the glove compartment under my pistol and the cop needed them.so everything went smoothly without a hitch.one thing bothers me.he asked if it was my car and i showed him it was.he was overly eager to see if it was mine or borrowed.i finally asked why it was so important and he said that if i had a loaded gun in someone elses glove compartment that he could arrest me.he claimed that my permit only covered guns in my own car.seeing as he said i could be arrested,i've wondered ever since if it was true.i asked at the butler county sheriffs office and the woman at the front said she was sure i could have fought it if he tried something like that but heck,who wants to fight anything in court?it was in callery.i talked to the mayor about it.he's a great guy,a carrier himself(also my old social studies teacher retired) and he asked if i told the cop i was carrying and i said yes.he said well,thats good enough for me.never did get a straight answer yet lol.i don't think they have a police force anymore.i am just curious if the cop was telling the trueth.ps.i thought it was kind of funny that he took my ammo and said i could pick it up the next day lol.
    Last edited by ziggy222; September 3rd, 2008 at 09:08 AM.

  2. #2
    Join Date
    May 2008
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    butler, Pennsylvania
    (Butler County)
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    Default Re: i have a legal pistol in car question

    From my understand of the law, that officer was incorrect. LCTF lets you carry in any vehicle your in.

    If you did not have a LCTF and it was your spouses, parent, or grandparents gun, than the vehicle would need to be registered to one of you, but thats the only thing i've ever read that touches on the subject.

    Perhaps that is what the officer was erroneously thinking of.

  3. #3
    Join Date
    Aug 2008
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    Waco , Texas, Pennsylvania
    (Somerset County)
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    Default Re: i have a legal pistol in car question

    he was wrong . he was also wrong to take your ammo !
    Don't blame me ; I voted for an American .

  4. #4
    Join Date
    Mar 2006
    Location
    Mountain Top, Pennsylvania
    (Luzerne County)
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    Default Re: i have a legal pistol in car question

    There is no such restriction on vehicles. Your LTCF allows you to carry in vehicles - period.

    If you were carrying within the law he had no authority to take your ammo.
    That was an illegal seizure.
    _________________________________________

    danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
    you won't, I will not sit with my thumb up my bum and complain, because you will.
    Remember Meleanie

  5. #5
    Join Date
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    obama,pa, Pennsylvania
    (Allegheny County)
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    Default Re: i have a legal pistol in car question

    ok thanks.that makes sence

  6. #6
    Join Date
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    Bear, Delaware
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    Default Re: i have a legal pistol in car question

    Quote Originally Posted by Pa. Patriot View Post
    That was an illegal seizure.
    It's not an illegal seizure unless you refuse consent... Folks, we *really* need to get the word out and you need to drill this into your heads: regardless if you are or are not sure that a seizure is legal, verbally state in plain English that you won't resist, but that you do not consent to the seizure of your property!

    Police will ask open ended questions that will often give them implicit consent like, "You mind if I take a look in your car?" "Yes." Now, is that, "Yes, I mind" or "Yes, take a look in my car." As long as you explicitly state that you do not consent to any search or seizure, you can maintain some measure of actionability.
    Rob/Wynder
    Delaware Open Carry, Founder
    http://www.deloc.org/


  7. #7
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    Default Re: i have a legal pistol in car question

    could you expand on that thought a little, as far as when and how to say it...if you refuse a search is that probable cause for them to then go ahead and search, can you consent to a search to move things along but not authorize them to seize your property?

  8. #8
    Join Date
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    Bear, Delaware
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    Default Re: i have a legal pistol in car question

    Quote Originally Posted by emsjeep View Post
    could you expand on that thought a little, as far as when and how to say it...if you refuse a search is that probable cause for them to then go ahead and search, can you consent to a search to move things along but not authorize them to seize your property?
    If you are unable to refuse a search, then you don't really have a choice to begin with now, do you?

    If they have reasonable articulable suspicion that you are involved in a crime, they may do an over-the-clothes pat down for weapons and hold those weapons during the course of their investigation.
    Rob/Wynder
    Delaware Open Carry, Founder
    http://www.deloc.org/


  9. #9
    Join Date
    Nov 2007
    Location
    Pittsburgh (Knoxville), Pennsylvania
    (Allegheny County)
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    Default Re: i have a legal pistol in car question

    Quote Originally Posted by emsjeep View Post
    if you refuse a search is that probable cause for them to then go ahead and search
    No!

    No more then pleading the 5th means that you are guilty.

    If they have PC to search, then they won't ask you in the first place.

  10. #10
    Join Date
    Jul 2008
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    obama,pa, Pennsylvania
    (Allegheny County)
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    Default Re: i have a legal pistol in car question

    ok the reason i let him take the bullets was because he pointed out that he could have my car towed for its expired inspection sticker (which is true)and then i would be not just be paying the sticker fine but the towing fee as well.so yes,i could insist he give back the ammo and then he could tow my car.then he could arrest me for having a gun in someone elses car and i could pay a lawyer thousands to beet the false charge.i don't have much money,or the cars sticker would have been up to date.thats how it went down.he was just doing what he was taught to do.this thread was just to find out if he was right about the whole glove compartment deal.
    Last edited by ziggy222; September 6th, 2008 at 12:22 AM.

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