Sunday, October 29, 2017

For folks in a state where you don't have to declare, what is your legal responsibility if you're asked?


A few months ago, my wife was pulled over for rolling a stop sign, and the interaction was pretty straightforward. She was carrying, but we've discussed the laws in Pennsylvania, and she didn't mention she was carrying.It did get odd, though. After the conversation was over and she got a warning, he walked halfway back to his car, but then came back to her window. He said something to the effect of, "I forgot to ask... are you carrying your firearm right now?" Flustered, she said she was, and he responded, "ok, no big deal... I just have to ask and forgot."So, assuming that the officer was being straight up, and I have no reason to believe this guy wasn't, does anyone know what the legal requirements are when an officer asks is you're carrying. As I see it, there are three options to respond with... Yes, no, and declining to answer.I would think the last option is pretty much a confession you're carrying, and I'd honestly lean towards saying "no", since it would seem that my right to conceal the existence of my weapon from an officer implies that he's shouldn't expect me to answer truthfully if asked. However, logical consistency is not a regular feature in our legal system. Also, if you say you're not carrying, and for whatever reason, the officer attempts to arrest you, his discovery of your weapon could go badly for you.Does anyone have any explicit legal references or cases regarding how you're required to answer the police if asked in a state that doesn't require weapons be declared? via /r/CCW http://ift.tt/2gSasMB

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