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Discussion Starter #1
Just a quick question. If you were to pull over someone illegally packing, but was squeaky clean regarding a criminal record, what would you do? Options are:
1) Throw the book at him/her.
2) Confiscate the weapon, but let the person go.
3) Lecture the person regarding the law, insist the weapon be
unloaded and safely put in the trunk, and let them go.
 

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In Chicagoland, I hope you have a good lawyer. Seriously.

I learned that concealed meant concealed there - and why to move.
 

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Discussion Starter #3
You got that right, rfurtkamp! I would never try to pull that here in the Land of Lincoln. I sometimes wish I had a different personal situation because I'd be out of here and move to someplace where my rights aren't questioned and laughed at.:frown:
 

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Location, LE and person's demeanor may have much to do with outcome IMO!

I'd guess it could run from a strong #1 to a #3 - all depending.
 

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Dude, if your are asking about carrying concealed in communist Illinois? good luck is all I gotta say. Sweaky clean or not you are asking for trouble there.

I hate that Illinois is even connected to us. :hand1:

You need to work and vote the communist out of office that take your rights from you.


Ti.
 

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Not Exactly An LEO Issue

It would be more of a State Law Issue I would think.
I'm just "best guessing" on this.

A LEO finds you with a firearm on your person that you are not licensed to carry then State Law would kick in at that point & that Officer is very likely going to follow the letter of the law. You could probably (for sure) fight it later on in court on constitutional grounds.

Chris...What is it in PA.? A 3rd degree misdemeanor?
I'll hafta check.
 

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The vehicle is an extention of ones domocile in most states

Given Montana law, roughly speaking, the vehicle is an extention of ones domicile and typically a weapon can be concealed. Once you step outside the vehicle, that is when the law is broken.

I would confirm vehicle/criminal record and counsel the driver.
 

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I have to say, wow. I'd feel for the officer that let someone go and something happened. I have in the past let someone go, before the CCW law went into effect in Oklahoma then I felt like they were just too lazy to get the permit and they went with me.
 

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I'd say here in Idaho, depending if it's local or Statie, you'd likely just get brow beaten or just get into a gun conversation. Staties would likely site you and put it in the trunk, it's only a "misdemeanor". Idaho constitution prohibits confiscation of weapons unless they are suspected to have been used in a felony or stolen. Why the heck am I moving again????
 

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ASSUMING this is not otherwise illegal:

#1. Invest in a Coach style side by side shotgun. Cut barrels down to 18.5" if need be.

#2. Fill glove compartment with shells and slugs.

#3. Keep shotgun behind passenger side seat positioned for easy access.

It's not a handgun.

It's not loaded.

It can be ready with 2 shots of potent goblin medicine PDQ

Is it ideal? No

Better than a sharp stick in the eye? Yes
 

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PA Law -

Title 18 § 6106. Firearms not to be carried without a license.

(a) Offense defined.--Any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.
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NOT a Good Idea!
 

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If its in a vehicle, its not a big deal here in Arkansas.

We have a "journey" law that is so vague that no two lawyers or Judges can agree on how to interpret it.

First of all, it depends on the seriousness of the issue. Why I am talking to him ? If Im talking to him, then something aint right. You cant just "confinscate" the weapon and let them go. That would be no different than stealing someones gun. If you are gonna take it for any reason, then you had better be arresting the person, logging the gun as evidence, and locking it up in the evidence locker.

If say... someone reports that they saw you print at Walmart and it upset them, and I checked you out, and you dont have a permit, its a misdemeanor. If you are decent about it, I can let you go with a warning. If you're a dick, then I can write you up, but then since its a "weapons related violation, " your chances for being able to ever aquire a CCW are slim to none, so I 'd rather not do that if I can help it.

The law states that if you have ever been convicted of a weapons related violation, then you can be denied when you apply. That includes going to court and paying the 375 dollar fine when you plead or they find you guilty. Once you do that...its over.

I suspect that many states are the same...
 

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Euclidean said:
ASSUMING this is not otherwise illegal:

#1. Invest in a Coach style side by side shotgun. Cut barrels down to 18.5" if need be.

#2. Fill glove compartment with shells and slugs.

#3. Keep shotgun behind passenger side seat positioned for easy access.

It's not a handgun.

It's not loaded.

It can be ready with 2 shots of potent goblin medicine PDQ

Is it ideal? No

Better than a sharp stick in the eye? Yes
In many states, it's illegal to have the firearm and the ammo in the same compartment with you. One has to be locked in the trunk and the other in the passenger area. They consider it a loaded gun if they aren't.

I wouldn't like the idea of going into Wally World or the supermarket and leaving a shotgun on the floor of my car (covered or not).

Putting it in the trunk wouldn't look too good in the Safeway parking lot.

Yes, it's better than a poke in the eye, but not much.

IMHO. (no offense intended).
 

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Eh, it was just a thought. I know in a lot of places a handgun is illegal but a long gun is not. Besides, I've figured out a secure way to store a long gun in my vehicle, I assume it's not beyond the means of anyone else.
 

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AKsrule

Good looking out brother!
I knew it was a Third Degree Something.:blink:
I have been Licensed for so long that it's been a while since I've looked at PA Carry Law for anything that pertains to unlicensed carry.

So a 3rd Degree Felony is pretty doggone serious.:biggrin2:
Not too many LEOs in PA are going to let you slide on felony charges.

In my book a 3rd degree felony would spell: "Don't Even Think About It In Pennsylvania."
 

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Not too many LEOs in PA are going to let you slide on felony charges.
Agreed. In most states LEO's are REQUIRED by law to act upon any felony even a third degree. If it was a misdenmeanor, you might get some slack. A felony violation pretty much guarantees a bad encounter.
 

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In FL packing without a permit is a felony punishable with up to 5 years in prison.
 

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In WI its off to jail. A class A-misdemeanor. Even in a vehicle the firearm must be unloaded and in a carry case, PREFERABLEY in the trunk or out of reach by people if possible.

Huck
 

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For me it would depend on the circumstances that led to me finding out the driver was armed. Most traffic stops don't involve any sort of Terry Frisk, so unless the driver volunteered that he was carrying, or bent over to get his reg etc and I saw it, I'd never know.

If he volunteered the information, was old enough (21), and didn't have anything of note on his criminal record, we'd probably talk about how easy it is to get a permit in Utah, and if I felt comfortable, I'd probably let him go with a friendly warning. I'm usually not comfortable disarming calm cooperative people. I think it's actually safer to leave it in place. I had a guy ask me if he wanted his pistol while we were on the stop, and then offered to hand it to me. I said no, the last thing an officer want to see is someone reaching for a gun. It's not gonna hurt anyone in a holster, leave it there.

If I were to discover a gun on someone's belt on my own, like when the reached for their glovebox, etc, it would go very differently from above. Bad people with guns are how we get killed on traffic stops. If I see a gun on you during a traffic stop that you didn't tell me about, or show me on purpose, then I assume you're a bad guy and you will be handled as such until things are under control. I know this is gonna probably irritate some members here, but while I'm working, I'm certainly not above scaring or offending someone to guarantee I'm home in the morning when my little girl gets up.

The above statements are generalizations that would of course depend on a huge amount of variables which would fill a book. The bottom line is part of CCW is CONCEALED. I think Utah law actually states that the firearm WILL be concealed. Accidentally revealing it violates the statute. If you keep the gun properly concealed and don't give an officer any reason to perform a Terry Frisk, then it should be a non-issue. I'm in favor of CCW for non law enforcement. I think it's a great idea, and so far has worked very well here. Just remember that cops don't like surprises, especially when they come in the form of firearms. Be calm and use some common sense.
 

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I know the experience of others may well be different, but the few times I've been stopped while driving, it's always been by someone with an attitude like DeepHelmet's, and that leads me to think that the "bad" experiences recounted by some, are in the minority.

I learned a long time ago, the hard way, (the only way, I guess,) that surprising an LEO is never a good idea and seldom is it funny.

When they approach my window, my hands will always be in plain sight, my driver's license, registration, and proof of insurance at the ready.

When the usual question of "Do you know why I've stopped you?" gets asked, I answer it truthfully. I've got an honest streak in me that I simply cannot overcome. Happily, my natural inclination to be a smartass dives down very deep at that point.

I can honestly say that I've never had a problem with a "problem" LEO. I'm sure they exist, statistically they must. Sometimes I think that they can see in me, something of a kindred spirit, something that suggest to them that I'm not on the "other side," I'm not the enemy.

Or, maybe not. Could just be that re-stated Law of Karma, "What goes around, comes around."

mm
 
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