Attend a U.S. Law Shield Gun Law Seminar Near You

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We often find that law abiding gun owners (LAGOs) have very little experience with the criminal justice system. Similarly, the average civilian who follows the law‎ will usually only have sporadic encounters with law enforcement officers (LEO). As a result, this usually leaves the good guys with a lot of questions about what to do when they DO have to interact with law enforcement. It’s important to find the difficult balance between obeying the law, protecting your rights and demonstrating courtesy and respect to those who serve and protect our communities.

Retrieved from http://upload.wikimedia.org/wikipedia/commons/d/db/2004-02-25_Night_traffic_stop_in_Durham_1.jpg on 6/9/2015.

One of the most common questions we encounter is in the context of a traffic stop when when the PennLAGO is driving. The question is: “Do I have to tell a police officer that I’m carrying if he pulls me over?” In Pennsylvania, the answer is no. While some states impose a legal duty upon armed citizens to inform law enforcement officers‎ of that fact (for example, Ohio, Oklahoma and many more), Pennsylvania law has no such requirement.  That doesn’t mean you can’t inform a law enforcement officer‎ that you’re carrying. It just means that you’re not required by law to do so. Some people do so out of habit (such as those who have moved from another state), and others consider it a professional courtesy. From experience, some law enforcement officers prefer a polite notification. Others see no reason for it.

As Forrest Gump said “life is like a box of chocolates. You never know what you’re gonna get.” A traffic stop is like a box of chocolates for the LEO and the PennLAGO. You never know what you are going to get. It would be best for a PennLAGO to not presume the worst in law enforcement, because you may be pleasantly surprised like the gentleman in the video below (give credit where credit is due; this LEO has an excellent attitude).

While you’re not legally required to volunteer the fact that you’re carrying a firearm, under the Crimes Code there is a requirement that you produce your License to Carry Firearms (LTCF) upon lawful demand. Failure to produce your license at the time of arrest or at the preliminary hearing creates a rebuttable presumption that you do not have a license. So it’s extremely important to carry your License to Carry Firearms (or equivalent that is honored in Pennsylvania) in your physical possession at all times when carrying. Similarly, if you’re carrying under one of the exceptions listed in 18 Pa.C.S. § 6106(b), you have to provide proof that you qualify for an exception upon lawful demand.

Keep in mind that outside of Philadelphia, open carry is generally legal without a license [for more, see Open Carry in Philadelphia: Shall Not Be Questioned? and for a discussion about specific areas which are off limits, see Hot Zones: Where a Pennsylvania LAGO Can and Cannot Carry a Firearm]. A license is only necessary to carry concealed, to have a firearm in a vehicle (even if it’s completely open and conspicuous, and there are some exceptions – see Pennsylvania Law About Guns and Vehicles: Proceed with Caution and Car Carry Update for CAGOs and Philly) and to carry in Philadelphia (whether openly or concealed).

At the end of the analysis, whether or not you voluntarily inform a law enforcement officer that you are carrying is a personal choice for a PennLAGO. For example, when Lead Pennsylvania Program Attorney Justin McShane gets pulled over for speeding (hey, it happens, right?), he chooses not to inform the LEO that he has a LTCF or that he is carrying. On the other hand, another program attorney spent six years in Oklahoma, where you are legally obligated to inform the LEO that you are licensed, and are carrying. The choice is yours to make.

For a more in depth discussion about interaction with law enforcement, come to a U.S. Law Shield Seminar. Corporal Todd Hoover (retired, Pennsylvania State Police; U.S. Law Shield of Pennsylvania Program Director) gives approximately one hour of practical insight based on over twenty years of field experience.