What is within my rights

[thetruepyromaniak]

Been reading alot of posts about how some leo request you to hand over your firearm durning an encounter. My question is what is within my rights. Is it within my rights to refuese, what about telling them only if I can clear it first. Also Im aware that Im not required in PA to inform the officer about my firearm, but when the question, "Any ILLEGAL weapons, knives guns bombs in the vehicle?" What is the best legal answer? If I say no while I am legally carrying a firearm did I commit a crime? Im very curious about this. How about some advice from LEO and laywers on this one.

Side note: All of my encouters with LEO have been positive and I have never been asked to hand over my firearm, so I have no personal acount on this subject.

[thetruepyromaniak]

"Any ILLEGAL weapons, knives guns bombs in the vehicle?"

Another note, telling them yea there is a nuke in the trunk , isnt funny to them and they will insist on searching the trunk. Just saying.

[AKross]

I would recommend against asking if Anthrax counts as a weapon. I have heard that most LEOs on don't even want to see your firearm even if they do know you have one. So if you get a LEO who asks for your firearm mostly likely arguing with them over giving it up will result in even more arguing and maybe backup. I think you can dodge the question and do that whole ask if you are under arrest thing, but I am not a lawyer.

As a general rule polite LEOs have my attention and my respect.

[FormerUser123]

According to what I've read on this forum, in PA it is illegal to disobey a LEO's command, even if the command itself is illegal. "I do not consent, but I will comply" is what seems to be the going statement for illegal LEO commands.

[thetruepyromaniak]

As a general rule polite LEOs have my attention and my respect.

I agree very much

[Gtbullet]

What I do and I think the respectful thing to do is, if pulled over and a LEO asks to see my driver’s license. I give the officer my driver’s License along with the LTCF. This way they don’t have to ask and they are informed immediately that I do have a firearm on my person. You know in today’s world Police officers are under tremendous amount of pressure, first they may get shot on a daily bases, second every time they are involved in a shooting even a rightful shooting they always have to fight the liberal media, Let’s see Um , My son is a straight A student who helps and volunteers at the local YMCA. He was a great kid I don’t know why they shot my boy 5 times, mean while it was 2:00 Am on a Wednesday night and was out gang banging. I think we owe the police a little respect. I just try and let them know we’re good guy’s too. I know at times we have LEO's that act like, well like assholes but for the most part the Police there ok. I think if we deal with them fairly they will reciprocate. You know they have a tough job, look at how many officers died this year alone in Philly. I think most officers are pro Second Amendment, I believe they get caught up unjustly in what the Liberal media portrays them to be and the police commissioner office, along with the Mayor’s office, it’s all political and about damage control. These guys are really in a tough spot at times, and before you ask No I’m not a Police officer, my uncle put 30 years in Narcotics for the Philly Police Department assigned to the DEA in Philly. He worked the streets undercover as a buyer for the DEA. When he retired from the Philly police Department, The feds offered him a job and now works for the DEA as a full time Federal Officer. They have a tough job, I think a little respect from us would go along way when dealing with officers.

[fingers80002]

What I do and I think the respectful thing to do is, if pulled over and a LEO asks to see my driver’s license. I give the officer my driver’s License along with the LTCF. This way they don’t have to ask and they are informed immediately that I do have a firearm on my person. You know in today’s world Police officers are under tremendous amount of pressure, first they may get shot on a daily bases, second every time they are involved in a shooting even a rightful shooting they always have to fight the liberal media, Let’s see Um , My son is a straight A student who helps and volunteers at the local YMCA. He was a great kid I don’t know why they shot my boy 5 times, mean while it was 2:00 Am on a Wednesday night and was out gang banging. I think we owe the police a little respect. I just try and let them know we’re good guy’s too. I know at times we have LEO's that act like, well like assholes but for the most part the Police there ok. I think if we deal with them fairly they will reciprocate. You know they have a tough job, look at how many officers died this year alone in Philly. I think most officers are pro Second Amendment, I believe they get caught up unjustly in what the Liberal media portrays them to be and the police commissioner office, along with the Mayor’s office, it’s all political and about damage control. These guys are really in a tough spot at times, and before you ask No I’m not a Police officer, my uncle put 30 years in Narcotics for the Philly Police Department assigned to the DEA in Philly. He worked the streets undercover as a buyer for the DEA. When he retired from the Philly police Department, The feds offered him a job and now works for the DEA as a full time Federal Officer. They have a tough job, I think a little respect from us would go along way when dealing with officers.

Respect is earned, not given.

[Gtbullet]

Respect is earned, not given.

Cut them a break, I understand that and you're right but the officer doesn't know who you are when he pulls someone over. It takes a minute of two, like a feeling out process for god sakes. I know some Officers are rude at times and take things a little too far at times but I think if we'd just take a deep breath and show a little respect, I think you'll find most officers are ok, Yeh you get the occasional knuckle head now and again but it's like a friggen war zone out their sometimes. These guys just want to make it through a shift without getting shot.

[headcase]

Cut them a break, I understand that and you're right but the officer doesn't know who you are when he pulls someone over. It takes a minute of two, like a feeling out process for god sakes. I know some Officers are rude at times and take things a little too far at times but I think if we'd just take a deep breath and show a little respect, I think you'll find most officers are ok, Yeh you get the occasional knuckle head now and again but it's like a friggen war zone out their sometimes. These guys just want to make it through a shift without getting shot.

And I just want to make it through my day without being detained, or harrassed for no reason, what is your point? They have no legal reason to demand anything of you unless they have a good reason to believe something illegal is going on. If a cop asks if you have any illegal things in the car, and you don't, you say no. If he asks if you have a firearm in the car, you either tell him you do, or you tell him him there is nothing illegal in the car, or you ask why you are being detained, or a hundred other things. What you don't do is outright lie.

They have a job to do, and as citizens, we expect them to do it properly. Their stress level shouldn't infringe on my rights to remain unmolested if I am not doing anything wrong. But it sometimes does, so we have these conflicts. Personally, I try to be polite and courteous, unless I am being treated like an asshole. That doesn't mean I have to prone myself out naked on the pavement with every possession I have neatly arranged for the cop as he walks to my vehicle, just to appease him. Exercising one's rights, shouldn't inconvenience any officer doing his job properly, if it does, then they ain't.

[Gtbullet]

And I just want to make it through my day without being detained, or harrassed for no reason, what is your point? They have no legal reason to demand anything of you unless they have a good reason to believe something illegal is going on. If a cop asks if you have any illegal things in the car, and you don't, you say no. If he asks if you have a firearm in the car, you either tell him you do, or you tell him him there is nothing illegal in the car, or you ask why you are being detained, or a hundred other things. What you don't do is outright lie.

They have a job to do, and as citizens, we expect them to do it properly. Their stress level shouldn't infringe on my rights to remain unmolested if I am not doing anything wrong. But it sometimes does, so we have these conflicts. Personally, I try to be polite and courteous, unless I am being treated like an asshole. That doesn't mean I have to prone myself out naked on the pavement with every possession I have neatly arranged for the cop as he walks to my vehicle, just to appease him. Exercising one's rights, shouldn't inconvenience any officer doing his job properly, if it does, then they ain't.

Hold on there, I don't want an argument, I was just talking about a simple car stop, I understand and agree I would like to make through my day as well. I was just trying to state if we get stopped what I would do, now I don't get stop very often once every five years maybe, I've had officers that seemed to have an attitude with me at first but after a minute or so things were fine and all was well. The original post was what a person’s rights are when pulled over by an officer. I'm not a lawyer so, I explained what I do to be respectful and I've found that in most cases things work out for the best. That’s it, like most I would get pissed off if my rights were infringed upon and I was detained for no good reason. My point is if we show a little respect at times thing would go much smoother and by avoid conflicts with officers we wouldn't be hassled as much and all could go their merry way. No one said anything about lying on the pavement spread-eagle or an outright blow out as you described, if that where the case maybe I wouldn't have post what I did, but clearly it was not so in my opinion I replied what I would do given that situation.