Question regarding "mah rights"

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  • GrinderCB

    Marksman
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    Jun 24, 2017
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    Greendale
    - Indiana's an open-carry state, meaning we can open-carry anywhere except government facilities, schools and private property that correctly posts "no guns." There may be other places but I haven't yet memorized all of them.

    - If a business owner or manager asks you to leave because of your carry, you must comply. Their property, their rules. If you fail to comply then that owner or manager is within his rights to call the police and report that he asked you to leave but that you refused. At this point you haven't broken any law except the one that gives a business owner or manager the right to ask individuals to leave for any reason. Open-carrying is still not illegal and at this point you still haven't broken a gun law. Keep in mind that some people will panic and call the cops without first asking you to leave. The dispatcher is supposed to ask the caller if they asked you to leave but out of a false sense of fear they may lie that they did when they didn't, in hope of getting the cops there faster.

    - If/when the cops arrive, they will detain you, temporarily take your gun and ask you a whole bunch of questions. They'll ask for your I.D. and depending on local procedure they may do a background check. Assuming they determine you were no threat and simply refused to leave the property, they will escort you out and return your gun once outside. Most police departments train their officers to intimidate potential suspects in order to maintain an image of authority, believing you're less likely to try something stupid if you're afraid of them.

    - The big problem for carriers is that non-gun people panic and exaggerate. Whoever calls the police may give a false description. They may say that "there's this crazy guy with a gun running around in our store." I've seen a few cases where the caller lied about someone brandishing a gun when in fact the person was simply open-carrying. Lying to the cops can and will come back to haunt the caller but in the meantime it will make the carrier's life complicated, at least temporarily until the cops get it sorted out.

    - Bottom line: If open-carrying and they ask you to leave, leave. Then is not the time for the political speech. When you get home, write the owner or manager about your experience and express your intent to do business elsewhere (I love that word - only pissed-off customers use the word, "elsewhere.") Cancel any charge accounts you might have with them. Maybe even go so far as to return any recent purchases, if you have the receipts. Tell all your family and friends and ask them to go elsewhere. But above all, say it in a reasonable tone, not one with attitude.
     

    AngryRooster

    Master
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    Apr 27, 2008
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    Outside the coup
    giants-fan-shares-popcorn.png
     

    Expat

    Pdub
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    23   0   0
    Feb 27, 2010
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    Michiana
    I thought we had established years ago that:
    1. if you OC, you are an attention seeking adolescent
    2. if you don't OC, you hate the Constitution and America.
     

    Timjoebillybob

    Grandmaster
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    Feb 27, 2009
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    United States v. Black, 707 F.3d 531, 540 (4th Cir. 2013)
    Absent any other suspicious behavior, the carrying of a firearm alone does NOT create reasonable*
    suspicion for detention.
    (“Where a*state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify*an investigatory detention.”).
    Thus, officers stopping an individual for carrying a firearm must be able to*point to additional suspect behavior that led them to believe criminal activity was afoot. There is NO*Indiana statutory authority that permits an officer to stop an individual carrying a handgun*solely for the purpose of verifying the existence of a valid handgun license.*

    As others have stated that decision isn't binding in IN due to it being in another circuit. Another thing regarding it is this, NC is a "traditional open carry" state in that no license is needed to open carry. Compared to IN where a license is needed to open or conceal carry.

    Actually that decision is not binding on Indiana. It was not until Pinner that we had standing on this point.

    Yep.

    - Indiana's an open-carry state, meaning we can open-carry anywhere except government facilities, schools and private property that correctly posts "no guns." There may be other places but I haven't yet memorized all of them.

    A couple of things, we can open or conceal carry in most government facilities. Federal are mostly no go, correctional facilities also. Buildings that contain a court room may or may not be, and other state level the same. I have open carried in quite a few government facilities with no problem. Schools are usually no go concealed or open, unless you have the proper permission. Regarding private property, what do you mean by "correctly posts "no guns""? For a business owner or agent thereof to ask/tell you to leave does not require any postings. There is a line of thought that with a sign that has specific wording that by entering when carrying you are in violation of the trespass law.
     

    BiscuitsandGravy

    Future 'shootered'
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    11   0   0
    Nov 8, 2016
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    At the Ranch.
    The aroma of shill accounts is wafting through the last 5-6 pages of this topic . . .

    Please do not make me read all of this insanity.

    Was thinking the same thing. How many comments from years old members with less than 10 posts?? Half a dozen probably?
    Strange time and thread for them all to come out with opinions on this...

    . . . and hitting the specific buttons that will elicit specific responses.

    Glad I'm not the only one that noticed all the 'Rip Van Winkles' awakening...

    Oh well... :popcorn:
     

    goldsmithr3

    Plinker
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    Nov 29, 2010
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    I agree that the cops likely hasseled the guy a bit too much, but here's a thought. I fully support the open carry movement on the basis of protecting our Constitutional (natural) rights. On the other hand, aren't we giving the opposition a bit of an upper hand by revealing that we are armed? If the smelly stuff hits the rotating device, the bad guys may just "shoot the gun guy first". I'd kind of like my opponent to know that I'm armed only if I have to deploy it. Again, I'm not arguing for or against open carry, I'm offering a question as a tactical matter.
     

    mikeh1953

    Plinker
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    Jan 18, 2018
    3
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    Dugger
    so? Does that mean that if Imdriving down the road obeying all laws.

    the Police can stop me... (just to check to see if I have a license and run background checks?)

    I MEAN I am driving on an Indiana road in a registered up to date auto... obeying all traffic laws... do not look like a thug or transit..., Just pull me over to check?
     
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