PA Law on Surrendering Firearm During a Stop

[normanvin]

The police are only checking if to see if your gun is registered to you, why would there be an objection? Registration is part of the legal process in PA to own a firearm.

One gun they had checked came back in the wife's name. The police would not accept that she had gifted it to him. Because she did not have a ltcf they walked her to her car and made her lock it in her trunk.

[Mitch10mm]

Am I understanding correctly that some of you would not comply if the issue was pushed? You would not give up your gun?
Then what? Arrest? As I said I'd try the safety angle and if insisted I'd state they can disarm me and explain how.
I can't see the benefit of going farther. It could cost you your LTCF.

[KMAG]

The police are only checking if to see if your gun is registered to you, why would there be an objection? Registration is part of the legal process in PA to own a firearm.

What if you moved to PA with your pistols? They would not be in the PA registry (sales database) and lead to some LEO to confiscate them b/c they, like you, mistakenly think PA has an all-encompassing pistol registry.

[streaker69]

What if you moved to PA with your pistols? They would not be in the PA registry (sales database) and lead to some LEO to confiscate them b/c they, like you, mistakenly think PA has an all-encompassing pistol registry.

She was being sarcastic, she's well aware of that.

[Odocoileus1]

Thanks for all of the responses guys, I have a couple of follow up points and while I appreciate all of the opinions the law is really all that matters so I would appreciate references if you have them. I'm not looking to hold anyone responsible for a legal opinion just to get some pertinent literature/code that I can reference if I get into this situation.

1) I have no problem handing over my LCTF however, is there a LEGAL requirement to do so if you are doing nothing else wrong? For example, you need a license to drive a vehicle but simply driving down the road is not probable cause to be stopped and forced to show "your papers". This seems like an analogous situation to CC as it is an activity requiring a license but one that is still perfectly legal.

2) For the record, if I did find myself in a situation with a cop asking for my weapon I would probably say something to the effect of "...officer , I have been nothing but cooperative, I am not threatening your safety in any way and am not breaking any laws. I am not consenting to any warrantless searches or seizures of my property. If you are going to detain me and confiscate my weapon, I will not resist but I want to know what you are accusing me of and for you to get your supervisor".

One gun they had checked came back in the wife's name

I feel this one. I carry an XD my dad bought while I lived in the Peoples Republic of Illinois which he then gave to me when I moved back to PA so this is a situation that, while perfectly legal, I would rather avoid because as we all know a guy with a gun and a badge will do whatever he wants and the rest of us can only hope it is the right thing. Not knocking anyone out there but we can't act like there are cops that have a guilty until proven innocent mindset.

Any LE out there care to weigh in on your Depts. policy on how to interact with another legally armed citizen? And, if you would ask for their weapon and they refuse (again assuming no one is belligerent or doing anything dangerous) what is the SOP from there?

[Sgt.K]

What if you moved to PA with your pistols? They would not be in the PA registry (sales database) and lead to some LEO to confiscate them b/c they, like you, mistakenly think PA has an all-encompassing pistol registry.

^^^^
This is not unheard of, which is where her snark comes from, and why many of us can get a bit cranky when the topic comes up.

[JenniferG]

^^^^
This is not unheard of, which is where her snark comes from, and why many of us can get a bit cranky when the topic comes up.

Who? Me cranky? Heh heh

[Bang]

as we all know a guy with a gun and a badge will do whatever he wants

If you think you can insult and impune like that, then look for a civil conversation, you are the one who needs straightening out, not the cops.

JFYI; Police officers are constrained by federal and state or commonwealth constitutions, laws, judicial notices and precedents and in fact are subject to stricter scrutiny and accountability than you and the rest of you all-knowing cop-bashers.

[Storm88000]

told him that I had cooperated by handing over my ltcf and had not broken any laws. I also told him that I thought it to be unsafe to hand my gun to them because I had no idea if they knew how to handle my particular gun. He said that he was qualified to handle all guns. I told him that He had no idea as to what I was carrying so how could he make a statement like that and walked away from him.

I was not arrested. I was not thrown to the ground and searched. But shortly after that they stopped removing guns to run the numbers.

I will make the safe assumption you are white?

[Storm88000]

Police officers are constrained by federal and state or commonwealth constitutions, laws, judicial notices and precedents and in fact are subject to stricter scrutiny and accountability than you and the rest of you all-knowing cop-bashers.

held to stricter scrutiny? I regularly am passed by PSP doing 90 MPH on the highway without any lights on.