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August 30th, 2013, 01:29 AM #1Banned
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Was I illegally stopped tonight? (somewhat firearm related)
Tonight around 12:30am I was stopped by one of Brownsvilles finest on my way home from work after he eyeballed me for about 30 seconds at a redlight. I pulls over and this is what is said:
Cop: Good evening
Me: Evening
Cop: Can I see your liscense, registration and insurance?
Me: Sure...
He scans all over my car, my plate, my inspection stickers, the interior (atleast what he can see)
As I am opening my glove box aka gun box and getting my paperwork together I hear...
Cop: So you work down at the XXXXXXXX
Me: Yep
Cop: So where is it?
Me: Where is..... what?
Cop: Your gun
I assume at this point he noticed my MOLON LABE sticker on my back window as he was walking up to my vehicle which prompted him to ask.
Me: Unfortunately XXXXXXX (my employer) doesn't allow firearms on property so it is not in my possession. Why are we even having this conversation?
Cop: The reason I pulled you over is your window tint. It is really dark.
* Note: I do have 5% tint in the rear window and side rear windows, 20% tint in the front windows. This is how I purchased the car, which is a Crown Victoria former Police Car.
Me: This window tint came on the car when I bought it from XXXXXX police department. The tint is also the same % tint that is on your car.
Cop: Well Im not going to cite you for it, I just want you to know that it is illegal and that you could be stopped in the future, by myself of anyone else.
At this point, I really didn't feel like arguing, cause I was pretty steamed. I wanted to just leave it at this for now (ticket free) and head homeward.
Me: Ok?
Cop: Have a nice night and be safe.
He hands me back my paperwork
Me: You do the same
First, is window tint even a valid and legal reason to pull someone over? I was def not speeding, and didnt make any traffic violations.
Why ask where my gun is or bring it up in that fashion? Maybe for "officer safety"?Last edited by Nucking Futs; August 30th, 2013 at 01:32 AM.
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August 30th, 2013, 01:48 AM #2
Re: Was I illegally stopped tonight? (somewhat firearm related)
It sounds peculiar. I'm not a window tint expert, but I would assume it is hard to visually distinguish between shades of window tint from a distance at 12:30am at night.
...and they have a plan...
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August 30th, 2013, 01:48 AM #3Active Member
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Re: Was I illegally stopped tonight? (somewhat firearm related)
Window tint is not illegal in pa and it is obviously not a primary offense
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August 30th, 2013, 01:49 AM #4
Re: Was I illegally stopped tonight? (somewhat firearm related)
Window tint on the windows is illegal in PA. Although its not a moving violation it is an equipment violation. It would be the same as getting pulled over for having a tail light out. Seems like the cop was actually being nice as he didnt give you a fix it ticket for the tint.
As for the gun question, Ive got no clue.
http://www.dmv.state.pa.us/pdotforms...ubchapterO.pdf
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August 30th, 2013, 02:04 AM #5
Re: Was I illegally stopped tonight? (somewhat firearm related)
12:30 am, My guess was probably fishing for a drunk. In my experience give them a reason to stop you, however thin, after 11 and they'll take a shot that you might be inebriated. Maybe just bored on a thurs. night and looking for someone to harass.
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August 30th, 2013, 02:11 AM #6Banned
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Re: Was I illegally stopped tonight? (somewhat firearm related)
" A person may not operate, on a
highway, a motor vehicle with a front
wind
shield, side window or side wing that
has been equipped with a sun screening
device or other material which does not
permit a person to see or view the inside of
the vehicle. "
My tint does permit a person to see or view the inside of the vehicle... I need to remember that quote for the next time Im pulled over for it. I would def fight that in court.
And this...
Sale Or Transfer Of Exempted Vehicle
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Upon the sale or transfer of a vehicle for
which a certificate of exemption has been
issued under subsection (b)(2), the certificate
of exemption is void. Prior to the sale or
transfer of a vehicle exempted under
sub
section (b)(2), it is the sole responsibility
of the owner or seller of the vehicle to remove
sun screening devices or other materials
which do not comply with Departmental
regulations.
So just because it USED to be a police car is no good. Good enough for the PD to have tint but not us.Last edited by Nucking Futs; August 30th, 2013 at 02:16 AM.
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August 30th, 2013, 02:23 AM #7Grand Member
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Harrisburg area,
Pennsylvania
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Re: Was I illegally stopped tonight? (somewhat firearm related)
You're both wrong. Or both right, depending on how one looks at it. The statutory language is that window tint is illegal if it
does not permit a person to see or view the inside of the vehicle through the windshield, side wing or side window of the vehicle
(The link to the case within that blog post is dead. Here's a live one: COM. v. BRUBAKER)I am not a lawyer. Nothing I say or write is legal advice.
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August 30th, 2013, 02:25 AM #8
Re: Was I illegally stopped tonight? (somewhat firearm related)
I think he was giving you a heads up and he doesn't like tint either. They can't see in and it makes them nervous. How can he approach you without pulling you over? You know you aren't a scumbag but the cops never know who's in the car or when they might get shot. If you have a come take it on your vehicle you are advertising so he asked. In a way you were profiled. I'm glade it all went good.
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August 30th, 2013, 03:01 AM #9
Re: Was I illegally stopped tonight? (somewhat firearm related)
Window tint IS ABSOLUTELY illegal in PA and can be used as the only reason for a traffic stop.
It's covered under two sections:
1. 4524e1 of the vehicle code
2. 175.67d4 of the inspection regulations.
4524e1 is vague and open to interpretation and opinion. 175.67d4 is very specific as to how much tint, where, on what type of car.
I am what some might consider a "tint expert", so feel free to ask any questions of me regarding tint. I'm only here to inform of the law and my knowledge.
It is not illegal to buy a car with tint on it, to install tint, to sell tinting material. It becomes a violation when a vehicle with tint is operated on a roadway.
Other conditions apply, such as.... passenger type cars can have no tint on any window. Trucks, vans, SUVs, station wagons may have tint anywhere behind the B-pillar to any degree of darkness, but nothing forward of the B-pillar.
Don't ask me to explain why, I only enforce the laws, I don't write them.
ETA: being a former PD car, there is an exemption in the vehicle code for tint on PD cars. And there is a valid reason, although some depts have it cuz it looks cool. The reason for allowing tint on PD cars is to shield the identity of any witness that the PD drove to a scene to ID a suspect. Quite often, our detectives will drive around with an informant who points out locations or persons of interest.
Also understand tint percentages. You may have 20% on a window, but it'll measure about 16-17% because it was added over the factory glass which is internally tinted to 70% VLT (visible light transmission). So instead of allowing 20% of light to transmit, it really only allows 20% of 70% to transmit.Last edited by jw34; August 30th, 2013 at 03:22 AM.
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August 30th, 2013, 03:26 AM #10Grand Member
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Pennsylvania
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Re: Was I illegally stopped tonight? (somewhat firearm related)
The Pennsylvania Superior Court disagrees with you. Please see the case I cited and linked to above
Percentage is also irrelevant. Again, please see the case I cited.
___________________________________
Edited to add: Lest I be accused of misleading by selective quoting, here's the full post for context:Last edited by twency; August 30th, 2013 at 03:40 AM.
I am not a lawyer. Nothing I say or write is legal advice.
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