Cops Taking Your Gun.

[Rookie]

By that standard, wouldn't operating an automobile be PC for a stop since it is illegal to do so without a license?

No, because the supreme court addressed this specific subject.

 

[cesna250]

If i ever have to stop somebody that is open carrying, it will just be to inform them that people are calling in on him/her and that i was supposed to answer the call. I would just want them to be aware of that. As long as their not waving it around or walking with their hand on it, there is no problem.

 

[kludge]

By that standard, wouldn't operating an automobile be PC for a stop since it is illegal to do so without a license?

Yes, but driving w/o a valid driver's license is against the law too, but a LEO can't just pull you over to check your DL.

The cop can't see whether you have a license or not, therefore no RS or PC.

HE CAN SEE the gun when you OC, therefore RS/PC exists for the stop.

BTW if the person driving appeared to be 10 years old, then that would give to cop reason for a stop... again it's something
(s)he can see.

 

[AndersonIN]

No, because the supreme court addressed this specific subject.

Rookie said it was a permit......Indy said it was a license...........the Supreme Court said it was a TAX!!! I remember!!!!!!

 

[buckstopshere]

seems that your personal openion is getting you far.. maybe if you were a police officer for a month and head to put up with some of the SH** that they have to.. you'd appreciate them being cautious.
i've been pulled over several times. both on a motorcycle, and in the truck. i have never once had my gun taken from me or checked.
but i'm sure if i was being an arrogant prick they would probably be more suspicious and try to dig deeper into my business. it's just how it goes. no you may not agree and it may not be right. but it is what it is..

Yeah, I would say my personal opinions have gotten me far. Thanks for noticing. I'm blessed well beyond what I deserve.

I just left a meeting with a police officer and my BIL is retired IMPD so I do have some exposure to the cop world. They're good guys and they're not trampling on people's rights while maintaining a cautious approach. They're the consumable professional. If you can't do that, you shouldn't be an LEO IMO.

Also, standing up for your rights is in no way being an "arrogant prick" and can be done with a level of professionalism.

 

[Jack Burton]

put yourself in the officers shoes. end of story i'd take it from you and then let you load it when i leave. don't get mad if i empty your clip. and also with the number of stolen guns they may have just been running it to make sure it's clean.. and you can complain all you want.. just hope you don't live in that county. you might find yourself getting pulled over often. and if you have nothing "wrong" then why not let the officer check it out....

What a load of carp. Why don't we let them take fingerprints and a DNA sample also at a traffic stop. Put you in handcuffs "just in case". Make you prove every item in your car isn't stolen.

 

[Dr Dave]

I DO KNOW THE LAWS, and no i am not readin you any. i'm simply telling you first hand experince and simply letting you know no matter how tough you act or try to stand your ground to an officer there are ways around everything. no i'm not 'joking'.


Armor piercing rounds are against the law everywhere in the US. You might be able to OWN them, but you can't carry them. Not only will you get arrested, but your gun will be seized and most likely destroyed. As a detective following up on your arrest, I'd write a search warrant for your property for other guns and additional ammo, seize everyting as evidence, and make you go to court to recover them. So it's always best to play nice. It really makes life simpler.

blah blah.. need i keep going?

My gun will be seized because I don't voluntarily comply with an unlawful order, You'll make up something about armor piercing bullets to obtain a warrant to search my house so you can confiscate my firearms and ammo to "F" with me because I didn't "play nice".

Either you're a troll or you have no business wearing a badge.

YOU are the 1% that gives the 99% of LEOs a bad rap and makes their job harder !

 

[Rookie]

If i ever have to stop somebody that is open carrying, it will just be to inform them that people are calling in on him/her and that i was supposed to answer the call. I would just want them to be aware of that. As long as their not waving it around or walking with their hand on it, there is no problem.

And what is your opinion of Mr. Hard's attitude?

 

[Jack Burton]

drive through johnson county and smile at a police officer.. he'll probably pull you over because you look suspicious.. who cares.. it's life. in my openion officers should pull over more people than they do.
and no OC'ing isn't a crime. but IF YOU HAVEN'T noticed this far in life it draws attention.. DUH?!

So is "being black" in some counties of Indiana.

 

[Jack Burton]

no? how many "drive by knife stabbings" do you hear about?

How many "drive by shootings" have you heard about from those who open carry?

 

[Jack Burton]

Yea i get what your saying. I start police academy in January so I'm kinda asking for both sides.

Learn well from THard6.

Do everything the opposite of what he says when it comes to citizen's freedoms and you'll do fine.

 

[Kirk Freeman]

Armor piercing rounds are against the law everywhere in the US.

As a matter of law, this is incorrect.

If you mean certain compositions of handgun ammunition, then you are correct.

how many "drive by knife stabbings" do you hear about?

Many. Do you want the ones from just last week?

Since Indiana law does not specify the mode of carry, ANY carry of a handgun is illegal without a license, and therefore it is RS or PC for a stop.

Likely yes.

I would argue that if the officer knows that the specific individual has a license then he/she would not have reasonable suspicion.

It is my opinion that any prospective Indiana appellate decision would look like the decision from Georgia which has a similar statute upholding any stop to ascertain license status.

 

[Dr Dave]

As far as running serial #'s.

I don't want the inconvenience of being held up during my day AND, here's a big reason.
Cops are human.
Radio operators are human.
Humans make mistakes.

Cop could read serial # wrong, say it wrong, radio operator could hear it wrong, type it wrong, or my serial # could have been incorrectly entered in to the system wrong.
5 chances for human error that could result in my firerarm being mistakenly reported stolen.
I get arrested, got to jail, have to spend $$$$$$$$$$ to clear my name and I'd have no recourse as it was a "mistake" and the officer acted in good faith.

 

[KG1]

And what is your opinion of Mr. Hard's attitude?

I'd be curious to know that as well.

My opinion is that if he truly was a LEO at some point in time then he was pretty adept at gaming the legal system to feed his enormous ego.

 

[Jack Burton]

I DO KNOW THE LAWS, and no i am not readin you any. i'm simply telling you first hand experince and simply letting you know no matter how tough you act or try to stand your ground to an officer there are ways around everything. no i'm not 'joking'.


Armor piercing rounds are against the law everywhere in the US. You might be able to OWN them, but you can't carry them. Not only will you get arrested, but your gun will be seized and most likely destroyed. As a detective following up on your arrest, I'd write a search warrant for your property for other guns and additional ammo, seize everyting as evidence, and make you go to court to recover them. So it's always best to play nice. It really makes life simpler.

blah blah.. need i keep going?

Heil Thard...

 

[IndyDave1776]

The cop can't see whether you have a license or not, therefore no RS or PC.

HE CAN SEE the gun when you OC, therefore RS/PC exists for the stop.

BTW if the person driving appeared to be 10 years old, then that would give to cop reason for a stop... again it's something
(s)he can see.

He can sure as Hell see the automobile just as clearly (probably much more clearly) than he can see a holstered handgun!

While I am at it, there is no constitutional right to operate an automobile (barring a proper interpretation of the Ninth Amendment). Last time I looked, the Second Amendment is still there.

 

[Jack Burton]

Is this not you saying, "I can do whatever I want. I'll break the law and infringe on your rights to enforce my will.".

Virtually everything you're saying is just false. You cannot simply stop someone for OC (legally). Then when you do you cannot simply take their property (legally).

End of story.

Yes, an officer of the law can legally stop someone for OCing and ask to see the licesne to carry.

It is against the law to carry a handgun in Indiana. If you are carrying a handgun you are de facto breaking the law. Those who have an LTC are exempt from that law.

The only way the officer will know if you are exempt is if you show your LTC. Seeing your gun is probably cause within itself to believe that you are breaking the law.

However, once you prove you are not breaking the law, it should end there.

 

[Jack Burton]

Yes, but driving w/o a valid driver's license is against the law too, but a LEO can't just pull you over to check your DL.

If you have a big friggen sign hanging out your car window stating, "I am driving without a licenses" then see how fast you get pullled over.

 

[cesna250]

And what is your opinion of Mr. Hard's attitude?

No one should ever have to fear any officers or anybody that works for the government system of any kind.
I can understand that an officer wants to take away a gun for his safety.. But when you sign up for the job, you know it can be dangerous at times, but that's part of the job. I definetly would want the gun in my possession at the time, for my safety that is, but it's not whats right. And what he said about, "He's the one with the badge, he makes the call." Well he does at the moment, but a cop can get into some serious trouble if he makes a bad call. Besides, officers don't prevent crime, they respond to crime.

 

[IndyDave1776]

No one should ever have to fear any officers or anybody that works for the government system of any kind.
I can understand that an officer wants to take away a gun for his safety.. But when you sign up for the job, you know it can be dangerous at times, but that's part of the job. I definetly would want the gun in my possession at the time, for my safety that is, but it's not whats right. And what he said about, "He's the one with the badge, he makes the call." Well he does at the moment, but a cop can get into some serious trouble if he makes a bad call. Besides, officers don't prevent crime, they respond to crime.

Well said. You are directly addressing the transition fro public servant to public master. Unfortunately, we have a great many who would wish to become masters.