GUN CCW/CPL = probable cause?

Discussion in 'On Topic' started by pimpofthenation, May 6, 2007.

  1. pimpofthenation

    pimpofthenation OT Supporter

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    OK maybe this has been covered, but I'm new so help me out....

    The police officer teaching my CCW/CPL course yesterday has be a bit unnerved. We were discussing how you inform a police officer that you have a CPL and you are carrying during a traffic stop. He then went on to say that if he pulls me over for something like speeding... the because I have a CPL he now has probable cause to search the vehicle. He said it's for his safety to identify/locate any weapons in the car. Wether I say "I'm have my gun" or "I don't have my gun" he says "You better believe I'm going to check."

    Is this accurate? I questioned it a little bit, but I want to pass the class, so I didn't really get into it with him :o
     
  2. lobstradomus

    lobstradomus New Member

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    I hope that isnt true, I dont see how being a law abiding citizen would be probable cause to believe a person is committing a crime. They could probably get away with a Terry search and would most likely have you get out of the vehicle and remove your weapon but I dont see how they could justify a full search.
     
  3. pimpofthenation

    pimpofthenation OT Supporter

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    My thoughts exactly....

    A minor traffic violation is not probable cause. This has been established. And if I'm carrying legally, I have not committed any crime and I don't see any probable cause there. I understand the officer's right to be safe. But I have my rights as well.
     
  4. lobstradomus

    lobstradomus New Member

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    I'm always wary of firearm information given by police officers, simply put they dont have to deal with the laws that regular citizens do. I've heard a lot of flat out wrong information from LEO's about CA's assault weapons, buying firearms or getting a CCW so most of the time it ends up with me having to look through the penal code to see what the truth really is.
     
  5. MTech

    MTech New Member

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    Yea the PO's here try and say you can't have a weapon w/o a permit..meanwhile PA is a open carry state.
     
  6. Paul Revere

    Paul Revere OT Supporter

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    I plan on going through the penal code and printing out each place where it says I can do anything legally, highlight those sections, and stick them in a binder that goes in my range bag :dunno:
     
  7. amill94

    amill94 OT Supporter

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    It is? I live in pa and was not aware of that and have my CCW.
     
  8. MTech

    MTech New Member

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    yea look it up open carry.org ect... you can open carry w/o permit you just can't conceal or have it loaded in the car it's gotta be put away like in the trunk and ammo seperate. The only place you can't is Philly cause of some goofy law about that being a govt. place.
     
  9. amill94

    amill94 OT Supporter

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    I don't understand this. So anyone can open carry. They just have to unload it when it's in their car, and can't carry in philly b/c "guns cause murder problems." So basically the advantage the ccw offers you is the ability to conceal it, and carry it loaded in a car and almost anywhere aside from federal/gov buildings.
     
  10. MTech

    MTech New Member

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    Exactly.

    anybody can open carry as long as you're 18+ I believe it is..you can't purchase a handgun till you're 21, but if your immediate relative buys one for you or one period there's no papers involved in transfering to family members.. so say you're 18 and your dad has a pistol and you shoot w/ him ect.. you can legally carry it on your side as long as it's visible. The permit just allows you to carry concealed as well as in your vehicle normally.

    However since the stupid liberals ruin PA and any negotiations w/ surrounding states we can't even carry in any of our boardering states w/o gettin a Florida license or some other state (most just get a Florida one.)

    " Summary
    Pennsylvania is a traditional open carry state. There are 2 issues that prevent it from being a "Gold Star" open carry state. First, you must have a permit to open carry in the city of Philadelphia and second, you must have a permit to open carry in a vehicle. However, PA recognizes the permits of all 50 states for open/concealed carry in vehicles."

    http://opencarry.org/pa.html
     
  11. Soybomb

    Soybomb New Member

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    Probable cause means "a reasonable belief that a crime has been committed." A concealed carry permit is no evidence of illegal activity. If he fears for his safety he could ask that you exit the car to pat you down and talk to you. I would make it clear I'm not consenting to a search of my vehicle, then sue if they search it.

    Thats my completely amateur legal advice ;)
     
  12. 1BadZ

    1BadZ Uber :Aug2000: GM Nazi

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    In MO, you do not have to immediately state that you are a CCW permit holder to an officer if you've been pulled over. My instructor said that if you've done something bad/stupid enough to get pulled out of your car during a traffic stop, then you might want to tell him that you're carrying. If the officer searches you and finds a weapon that you didn't tell him about, trust issues might insue.
     
  13. JaimeZX

    JaimeZX Formerly of :Sep 2001: fame - Also: Sprout Crew OT Supporter

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    In TX you must declare if you are carrying; the office has the right to disarm you for the duration of the encounter if he is concerned for your safety, but as was stated above, "probable cause" is "probable cause to believe illegal activity is going on," and is not universally applicable.
     
  14. Pineapple Devil

    Pineapple Devil beat it!

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    luckily i dont live around a state that i have to notify the cop i'm carrying.
     
  15. Basic

    Basic OT Supporter

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    in Florida you dont have to inform the LEO but I would just hand him my DL and CCW just a courtesy thing I guess
     

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