Lawyers at the Range Part III

S

Svt

Moderator
Remember a few weeks ago when I took some lawyers shooting for the first time? Well, my neighbor has really become pro-gun and he proved it to me today. One of the members at our private club got pulled over for speeding. During the ticket writing process, the officer saw his Glock sticking out underneath his hat on the passenger seat. He comfiscated and fined him. My neighbor is defending him in court, free of charge.

Here in Pennsylvania, you can leave a firearm on the frontseat if you have a CCW. Since it's inside the vehicle, it's considered concealed. This is the reg:
"Any person carrying a firearm1 "in any vehicle or concealed on or about his person" is required to have a license to carry or a Sportsman's Firearm Permit (good only for hunting and fishing)" (Source: NRA PA Laws).

Svt
1911 Addiction
"Rangers Lead the Way!"

[This message has been edited by Svt (edited April 05, 2000).]
 
Svt,

Did the cop give a reason for confiscating your friends glock. What was the fine for. Just curious I'm still waiting for my PA CCW. Also why didn't your friend tell the cop he had a gun in the car when he was pulled over, even though he's not required to do so.
 
The cop stated that the firearm wasn't conceal. I'm not quite sure what the actual fine was for but I will find out. The owner of the Glock didn't have to even cover it up with anything. Pennsylvania law states that as long as the firearm is inside a vehicle, it's concealed. He tried to tell the cop that but the cop wouldn't listen.
 
SVT

From what I know of PA law, regarding carry permits, the officers action would be unsupported by the law.

The "confiscation" sounds like illegal seizure, sometimes known as theft.

The police cannot "fine" anyone, they can issue a ticket, for a traffic violation, in this case, which the motorist can contest, perhaps with success.

It strikes me that your fellow club member might well have a cause for action(grounds for suit) against the officer and or the jurisdiction that employes him.
 
Hence the newly pro-gun lawyer :)
I'm glad I went through all the headaches of training a bunch of snotty, arrogant, newbie gun toting, lawyers.
 
Svt - I shoot with several lawyers. I even compete against local judges ( i almost never beat em :) ). The fewer dumbass laws the better regardless where you live. I am lucky in that I live in a pro-constitutional community at present that democracy has totally not negated locally. It will happen eventually perhaps, but not today. Today I shoot with the barristers!
 
Sounds like a winning case to me. There is no Pennsylvania law against open carry. In Philadelphia county you must have a CCL to carry a firearm (concealed or not) upon the public streets or on public property but since the person in question had a CCL that should not be an issue.

Not legal advice or a legal opinion.

Justin

------------------
Justin T. Huang, Esq.
late of Kennett Square, Pennsylvania
 
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