Gambone Law - June 2019

Gambone Law

Licensed in Pennsylvania and New Jersey

215-755-9000

www.GamboneLaw.com

June 2019

While many people can legally carry a firearmor weapon, it’s essential to know how to act when you find yourself in a situation where you’re forced to inform a law enforcement officer about your concealed carry weapon (CCW). THE RIGHT TO CARRY AND INFORM Both Pennsylvania and New Jersey allow individuals to obtain a license that legally enables them to carry firearms. The two states have laws regarding a concealed carrier’s obligation to inform law enforcement of the weapon if they’re stopped. When at a stop, a person is only obligated to inform a police officer of their concealed weapon if they’re asked by the officer. However, it varies from state to state. If you find yourself in Michigan, Ohio, Texas, or South Carolina, it’s required by law to inform law enforcement personnel of your concealed weapon, even if you aren’t asked. Keep in mind that the obligation to inform won’t exempt an out-of-state driver (with a permit that is not recognized by Pennsylvania or New Jersey) from criminal consequences. WHEN YOU’RE STOPPED It’s vital to be prepared for when you’re pulled over. In most situations, law enforcement will ask the driver and their passengers if they have any weapons on them. When asked, the persons in the vehicle are required to inform the officer of any CCW. Be prepared to provide the officer with your license to carry as well. Concealed Carry

And the Obligation to Inform

3. Place both hands on the steering wheel before the officer approaches and remain there until the officer requests your driver’s license and registration. While you’re legally obligated to inform the officer of your CCW, you are not obligated to allow them to search you or the vehicle. While the police may perform a warrantless search of your car, it’s imperative that you never provide consent to do so and only provide information that you’re legally obligated to provide.

Below, you’ll find a list of which firearms require a license, which individuals can’t obtain a license, and where you cannot carry your CCW.

FIREARMS:

Any firearm with an overall length of less than 26 inches

A pistol or revolver with a barrel less than 15 inches A shotgun with a barrel less than 18 inches A rifle with a barrel less than 18 inches

Any loaded firearm if the magazine is in it

PERSONS:

Fugitives from justice

Convicted felons

If you find yourself stopped while carrying, I highly recommend you do the following:

Persons with protection from abuse orders against them

Persons with declared incapacity or who have been involuntarily committed Persons who have three DUIs within five years

1. Turn off any music.

Illegal aliens

2. Turn off the engine.

CAN’T CARRY INTO:

Post office

State parks

Federal property

Private property, if instructed or posted

Court facilities

Download my free book, “What Everyone Should Know About Guns, Drugs, and Defense Lawyers in Pennsylvania” to learn more about gun offenses in Pennsylvania. –Alfonso Gambone

Visit our website to download your free e-book!

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