Need help with PA Statutes

This is a discussion on Need help with PA Statutes within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; No, I don't have a legal problem at all. It's that in a friendly discussion with a Philadelphia Police Officer he stated that if a ...

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Thread: Need help with PA Statutes

  1. #1
    Senior Member Array .45acp's Avatar
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    Need help with PA Statutes

    No, I don't have a legal problem at all.

    It's that in a friendly discussion with a Philadelphia Police Officer he stated that if a LEO stops me and asks me if I'm armed I must notify him.
    I thought that in PA I was under no obligation to inform, only to show my license if requested.

    The same officer also informed me that some local jurisdictions have their own laws on concealed carry in PA.
    Once again, I was under the impression that there is no preemption of state firearms laws by local governments in PA.

    The only difference I am aware of with regards to Philadelphia is that one must be licensed to carry period, concealed or open carry.

    Am I correct or not?

    If I am correct can someone please let me know the exact statutes and perhaps the wording of them?

    This is a friendly discussion with said LEO and if he finds out that he might be misinformed then he might pass this information on to his brother officers and thus make life easier for all involved, Philly LEO's as well as CCW license holders.

    If I am wrong then I'll stand corrected.

    Your assistance in this matter is greatly appreciated.
    PC has become the term for Political Cowardice.

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  3. #2
    Member Array General Geoff's Avatar
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    He's wrong, you're not legally obligated to inform LEO when pulled over unless asked.

    That and there are no local concealed carry laws, or at least not any that are legally binding. Yes, PA has state preemption.

    Sorry, don't have any cites or links for exact statutes.
    Discretion is the better part of valour; and a virtue beyond reproach.
    Pennsylvania Firearm Owners Association

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    Member Array Ranger's Avatar
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    Here in Maine, you are issued a booklet with your permit that contains all pertinent laws. Does PA not do that?

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    Senior Member Array raysheen's Avatar
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    Quote Originally Posted by .45acp View Post
    It's that in a friendly discussion with a Philadelphia Police Officer he stated that if a LEO stops me and asks me if I'm armed I must notify him.
    I thought that in PA I was under no obligation to inform, only to show my license if requested.
    Perhaps you are both talking about (technically) different things...for example:
    Perhaps he isn't saying (if I understand correctly) that it is illegal for you to not notify the officer. He might be saying (as you wrote) that if the officer ASKS you if you are armed then you must notify....a subtle difference in wording perhaps?

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    If you are pulled over AKA a vehicle stop you are not obligated to automatically inform the officer that you are armed.

    If the officer asks you if you are armed or asks you if you have any weapons in the car then I would say that you are obligated to answer his/her questions truthfully.

    That is my take on it.

  7. #6
    Member Array djturnz's Avatar
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    I concur with QK
    I like my solvent and my lubricant for my guns to rhyme, so I use Gasoline and Vasoline.


    From Pennsylvania? www.pafoa.org

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    New Member Array Furious Styles's Avatar
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    Quote Originally Posted by QKShooter View Post
    If you are pulled over AKA a vehicle stop you are not obligated to automatically inform the officer that you are armed.

    If the officer asks you if you are armed or asks you if you have any weapons in the car then I would say that you are obligated to answer his/her questions truthfully.

    That is my take on it.
    While you aren't obligated to inform when pulled over in a vehicle, it's a matter of politeness and courtesy to inform at the beginning of the stop. This can be done quite simply, by handing the officer your LTCF with the other documents when requested. Of course, your mileage might vary in some localities, Philadelphia definitely being one of them. If anything is said about it, or the officer mistakes your honesty for an attempt to curry favor, let them know in the simplest and most direct fashion possible that, were the roles reversed, you would want to know everything possible about the person you were detaining.

    If the officer asks you if you're armed, you do have to reply in the affirmative, if you are. Telling a cop a lie in PA in the middle of a field interrogation is a misdemeanor, and reason enough for them to cite, or even hold you over. It's also expressed in the PA Uniform Firearms Act in 6122 (a). Obviously, letting them know immediately by handing over your ID would go a long way towards avoiding the unpleasantness of a frisk or a possible take-down.

    Per the state:


    Title 18: Crimes and Offenses

    Chapter 61: Firearms and Other Dangerous Articles

    Subchapter A: Uniform Firearms Act

    Section 6120: Limitation on the regulation of firearms and ammunition.

    6120. Limitation on the regulation of firearms and ammunition.
    (a) General rule.--No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.

    (a.1) No right of action.--

    No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.
    Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.

    (b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

    "Dealer."
    The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.
    "Firearms."
    This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 (relating to sale and use of air rifles).
    "Political subdivision."
    The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.
    Here's the whole body of PA law:

    http://www.atf.treas.gov/firearms/st...nnsylvania.pdf

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    I am in the ''courtesy camp'' - and would mention it up front. Get that aspect out the way so the guy can feel more comfortable. Traffic stops at best of times can be very stressful for cops.

    I would not want that job - that's for sure.
    Chris - P95
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    Senior Member Array .45acp's Avatar
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    Quote Originally Posted by P95Carry View Post
    I am in the ''courtesy camp'' - and would mention it up front. Get that aspect out the way so the guy can feel more comfortable. Traffic stops at best of times can be very stressful for cops.

    I would not want that job - that's for sure.
    I am also in the courtesy camp. This was just a friendly discussion with a Philly LEO, no, I wasn't stopped or anything like that.

    Furious Styles, thanks for the link.
    PC has become the term for Political Cowardice.

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    Member Array DirksterG30's Avatar
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    Quote Originally Posted by Ranger View Post
    Here in Maine, you are issued a booklet with your permit that contains all pertinent laws. Does PA not do that?
    When I received my permit, all I got with it was a gun safety pamphlet.

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    Senior Member Array .45acp's Avatar
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    Quote Originally Posted by DirksterG30 View Post
    When I received my permit, all I got with it was a gun safety pamphlet.
    And even that wasn't any good.

    PA has the runaround laws.
    The State Police are supposed to have the info and don't. told me to go to Sherrifs Dept. where I got the permit, they told me to go to State Police.
    I finally went to a State Senator and he mailed me a printout from an aol website, big help there.

    I guess I have to find access to a legal library or pay the big bucks to talk with an attorney just to find out what the laws are.
    PC has become the term for Political Cowardice.

  13. #12
    Member Array djturnz's Avatar
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    As long as you don't mind waiting (I don't know how long, it may be quick), just email the state attorney generals office. It is definitaly his job to know. www.attorneygeneral.gov or something similar. I know that "PA" is not in the address. The Pa AG got the website domain before the US AG did.
    I like my solvent and my lubricant for my guns to rhyme, so I use Gasoline and Vasoline.


    From Pennsylvania? www.pafoa.org

  14. #13
    Member Array JustinM's Avatar
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    Talk to fslflint about what happened to him when he told a LEO he was carrying. I'm not going to go into it, but the LEO SERIOUSLY overeacted, so none of us in our circle of friends inform the LEO that we are carrying, unless asked.
    "There are more things on this planet with fangs, claws, poisons, and scales, than there are things that are warm, fuzzy, and full of love. It's just a simple fact." - James Keating

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