Felon Getting Caught With A Gun

I live in Pennsylaniva, and my friend was caught with a gun in his waist band. he is already a convected felon and he is unable to carry. HE was in a car with some friends and was pulled over for a traffic violation, however no citation was issued.

Can he still be sentenced for the firearm even if the reason he was searched was because of a driving violation and no ticket was written?

He can be charged, convicted and sentenced. I am sure that if his attorney can think of any valid reason to object to the search as unlawful, the attorney will attempt to do so, but the fact that no ticket was issued is not relevant.

I was just under the impression that one will need to be stopped for a reason and if that reason is not addressed then all that follows does not matter.

Thanks

Not being cited for the lesser violation does not make the cause any less valid.

DUI drivers are frequently stopped for speed or mechanical violations but are not cited for those violations when they are arrested for the DUI. The same holds true with a other offenses. If I stop a person for a speeding violation and find him illegally in possession of a firearm, you can forget about the ticket - I'll give him a free pass for the infraction and just book him ont he felony!

- Carl

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If I stop a person for a speeding violation and find him illegally in possession of a firearm, you can forget about the ticket - I'll give him a free pass for the infraction and just book him ont he felony!

- Carl

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Gee Carl, sounds like you enjoy yourself. Suppose you stopped a person that had a tail light out and you found a rifle in the back that was used to go hunting with. The person had a 10 year old Class C felony for unlabled prescription meds. Suppose that same person was a model citizen except for that one incident 10 years ago and the person was in the process of applying for a pardon. Would you feel compelled to arrest him for felon-in-possesion? Or would you be compassionate and inform him that he has a tail light out?

Why, or why not?

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Quoting Pardonseeker

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Gee Carl, sounds like you enjoy yourself.

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Sometimes.

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Suppose you stopped a person that had a tail light out and you found a rifle in the back that was used to go hunting with.

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That happens frequently here. With any luck, it's not loaded.

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The person had a 10 year old Class C felony for unlabled prescription meds.

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If the information came up, he could go to jail.

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Suppose that same person was a model citizen except for that one incident 10 years ago and the person was in the process of applying for a pardon. Would you feel compelled to arrest him for felon-in-possesion? Or would you be compassionate and inform him that he has a tail light out?

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I would realistically have two options: seize the gun and make the arrest. Or, seize the gun and write the report to be forwarded to the DA and let the DA make the call.

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Why, or why not?

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That darn thing called the law ... and agency policy.

- Carl

Hey Carl, I swear to God I love your outlook towards the law. Especially as one from that side. I agree, it can at times SEEM a bit unbalanced, but as a whole I wouldn't have it any other way. I agree, as long as the stop was legitimate, the officer has a duty at his discretion to search for a weapon without incident to arrest. His safety is at stake. At that time a weapon is found, verification of ownership and identification of the suspect is common sense as well as procedure. Criminal history comes up immediately, ex-con in possession is at that point a legitimate point of law. Zero tolerance.
Anyway, we've talked here before and at that time I asked you to look at a ? I posted then, you did and I agreed w/your responses. Would you please be willing to look at my latest post again and give me your opinion? I'd appreciate it.
Thank you.
Sincerely,
policetac
policetac@yahoo.com

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Quoting Pardonseeker

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Gee Carl, sounds like you enjoy yourself. Suppose you stopped a person that had a tail light out and you found a rifle in the back that was used to go hunting with. The person had a 10 year old Class C felony for unlabled prescription meds. Suppose that same person was a model citizen except for that one incident 10 years ago and the person was in the process of applying for a pardon. Would you feel compelled to arrest him for felon-in-possesion? Or would you be compassionate and inform him that he has a tail light out?

Why, or why not?

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Realize this isn't directed towards me, but the guy shouldn't have a rifle if he has a Felony to begin with let alone any gun. The fact is, a person needs to wait to be "pardoned" before they attempt to buy a firearm. Sorry but it's the law.