Must a LTCF be carried on your person ?

[BufordTPisser]

My comment should have been LTCF while CC, and ID or DL while CC in a vehicle. ID or DL to prove privilege to drive. My bad.

[normanvin]

Could we clarify the part of this passage that has been emboldened. Which is the offense? Not showing it when asked, or not showing at the preliminary hearing? And if you did show it at the hearing would the charges be dropped? And what would those charges be?

And what is a rebuttable presumption of nonlicensure?

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

(b) Exception.-An individual carrying a firearm on or about his person or in a vehicle and claiming an exception under section 6106(b) (relating to firearms not to be carried with*out a license) shall, upon lawful demand of a law enforcement officer, produce satisfactory ev*idence of qualification for exception.

(Chgd. by 1.1997, Act 5(l), eff. 6/21/97.)

[zackattack784]

Could we clarify the part of this passage that has been emboldened. Which is the offense? Not showing it when asked, or not showing at the preliminary hearing? And if you did show it at the hearing would the charges be dropped? And what would those charges be?

And what is a rebuttable presumption of nonlicensure?

Best I can tell is that if you do not show your license at the time of your arrest OR at the hearing you are presumed to be non-licensed, but you still have the opportunity to rebut it at a later date.

So if you have it on you at the time and show it at the time of your arrest you're good. If you don't have it on you when you're arrested but you produce it at a preliminary hearing you're good. If fail to produce it for either cases you are presumed non-licensed but you still have an opportunity to refute that and provide evidence of being licensed. That's my take. I'm sure someone will correct me if I'm wrong but seems fairly straightforward to me.

[CHEMICAL]

to answer the initial question , the way I read it is this:

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

(b) Exception.-An individual carrying a firearm on or about his person or in a vehicle and claiming an exception under section 6106(b) (relating to firearms not to be carried with*out a license) shall, upon lawful demand of a law enforcement officer, produce satisfactory ev*idence of qualification for exception.

(Chgd. by 1.1997, Act 5(l), eff. 6/21/97.)

it does not say you must produce it out of your pocket, and since it is right there in your wallet in the car at the time of confrontation/request..you can still produce it upon lawful demand....regardless of the argument of whether or not you actually need it.

[BufordTPisser]

Seems to me that just carrying it, or a facsimile is the best recourse. Why go through the hassle, possible loss of weapon, legal fees. I don't like the fact that we have to be licensed to practice a god given right than the next guy, but I have gone out of my way to keep a clean slate and to stay off of the legal radar as I can. I don't let my rights get trampled on, but I also do not challenge just for the sake of challenge.

[normanvin]

Best I can tell is that if you do not show your license at the time of your arrest OR at the hearing you are presumed to be non-licensed, but you still have the opportunity to rebut it at a later date.

So if you have it on you at the time and show it at the time of your arrest you're good. If you don't have it on you when you're arrested but you produce it at a preliminary hearing you're good. If fail to produce it for either cases you are presumed non-licensed but you still have an opportunity to refute that and provide evidence of being licensed. That's my take. I'm sure someone will correct me if I'm wrong but seems fairly straightforward to me.

That is more or less the way I read it.

If stopped by a leo and I do not have it on me I can show it at a later time, up to the hearing. Am I reading this wrong?

Of course showing it at the first request would save the hassle of showing it later.

[BufordTPisser]

to answer the initial question , the way I read it is this:



it does not say you must produce it out of your pocket, and since it is right there in your wallet in the car at the time of confrontation/request..you can still produce it upon lawful demand....regardless of the argument of whether or not you actually need it.

You are probably right. But it does say upon demand which is usually interpreted as right now. As in when an officer asks for your DL. And you can be fined for not producing a DL on demand if pulled over. Although most officers will give a notice to produce.

[normanvin]

You are probably right. But it does say upon demand which is usually interpreted as right now. As in when an officer asks for your DL. And you can be fined for not producing a DL on demand if pulled over. Although most officers will give a notice to produce.

You actually have seven days to produce your drivers license. I always thought it was 24 hours, but one of our leo members corrected me.

[zackattack784]

That is more or less the way I read it.

If stopped by a leo and I do not have it on me I can show it at a later time, up to the hearing. Am I reading this wrong?

Of course showing it at the first request would save the hassle of showing it later.

It seems we're both reading it the same way. But I agree, it would save a lot of hassle to just carry it with you.

[cavmedic]

In the question of the OP , he gets checked on the way out of WAWA or in the store and his wallet is in the car. Producing his ID would be a matter of getting it out of the car. He would be producing it on demand, just not pulling it out of his ass at the exact spot. But as we all know, civilian or LEO , everyone can interpret the law differently.