-1 for Delaware County's Finest

[GaDawg]

So I was standing in line at the gas station today to get some kerosine. Two well informed LEO walkin. One of them walks up to me and says I need to talk to you. I said why is that? He said I just do. I say did I do something wrong? He says just step to back of store. So I get out of line. He then asks for my "permit". I asked why he needed to see it? Have I done something wrong? He said he needed to make sure I had a "permit" and that I needed to cover it it up. I'm thinking I have my wife and kids out in the truck so I'm not going to buck him and not show him. So.......I said well I don't have a "permit" but I can show you my license. He said just show me your conceal carry permit and you can be on your way. I said Indiana doesn't issue a conceal permit but I have a license to carry. I hand it to him and he said again you need to cover it up. By this time I'm irritated. I said in the state Indiana I'm issue a license to carry which means if I want to tape gun to my forehead and walk around I can. He hands it back to me and said let me know when you get a law degree. I said let me know when you understand the laws your paid to uphold. He hands it back and gets his coffee and leaves. I get in line and a couple of guys in line are laughing. One of them turns around and said "what a jackass". I said yea I just texted my neighbor he's a sheriff to. My neighbor laughed at the whole thing said I probably should have just told him to pound sand lol

 

[GodFearinGunTotin]

Ill informed, for sure.

He took your spot in line too!

 

[GaDawg]

No he didn't they don't pay for coffee or soft drinks in the gas station!!!!!! Wish I got free coffee.

 

[Smokepole]

There's always one in the crowd trying to be JBT. At least he appeared to not want to look like more of an ill-informed jackass and try to push the issue. I'd give you some rep but I'm out for the day. Anyone want to hand out a little rep for the OP?

This is the best I can do right now.

 

[Lectric102002]

There's always one in the crowd trying to be JBT. At least he appeared to not want to look like more of an ill-informed jackass and try to push the issue. I'd give you some rep but I'm out for the day. Anyone want to hand out a little rep for the OP?

This is the best I can do right now.

I've got him

 

[JMoses]

There's always one in the crowd trying to be JBT. At least he appeared to not want to look like more of an ill-informed jackass and try to push the issue. I'd give you some rep but I'm out for the day. Anyone want to hand out a little rep for the OP?

This is the best I can do right now.

If the OP pushed the issue and not shown the officer his LTCH or supply his name and DOB, the OP could have been arrested.

 

[GodFearinGunTotin]

I'm not sure how it would have worked out but just a thought....If you'd had a smart phone with an internet connection (or maybe had the .pdf file stored on your phone), if you'd gone to the ISP page:

http://www.in.gov/isp/files/firearms_FAQ_02_08.pdf

...and showed him this, on page 7:

Does Indiana statute require me to carry the handgun on my person concealed or exposed?

Indiana law is silent on this issue;....

....and said: "Officer, it says right there on the ISP site, the law is silent. If it is silent, there is no law against it, I am free to carry it openly or concealed. I choose to carry it openly". You don't need to be a lawyer to read plain English.

 

[Lectric102002]

If the OP pushed the issue and not shown the officer his LTCH or supply his name and DOB, the OP could have been arrested.

Really ?? For what, pray tell.

 

[Frank_N_Stein]

Really ?? For what, pray tell.

I'm interested in hearing the reason as well.

 

[JMoses]

You have to have a license to carry in a public place if not given permission by the owner correct?

 

[jagee]

Really ?? For what, pray tell.

I'm interested in hearing the reason as well.

For disrespecting his authoritah!!

 

[JMoses]

Indiana isn't an "open carry" state meaning that you can carry open WITHOUT a LTCH. It is silent, but you do need a license to carry to do it.

 

[stephen87]

For what? Srsly?

[FONT=TimesNewRomanPSMT,Bold][FONT=TimesNewRomanPSMT,Bold]IC 35-47-2-1 Version a


Carrying a handgun without being licensed; exceptions; person


convicted of domestic battery
[FONT=TimesNewRomanPSMT,Bold][FONT=TimesNewRomanPSMT,Bold][/FONT][/FONT]Sec. 1. (a) Except as provided in subsections (b) and (c) and

section 2 of this chapter, a person shall not carry a handgun in any

vehicle or on or about the person's body without being licensed under

this chapter to carry a handgun.

(b) Except as provided in subsection (c), a person may carry a

handgun without being licensed under this chapter to carry a

handgun if:

(1) the person carries the handgun on or about the person's body

in or on property that is owned, leased, rented, or otherwise

legally controlled by the person;

(2) the person carries the handgun on or about the person's body

while lawfully present in or on property that is owned, leased,

rented, or otherwise legally controlled by another person, if the

person:

(A) has the consent of the owner, renter, lessor, or person

who legally controls the property to have the handgun on the

premises;

(B) is attending a firearms related event on the property,

including a gun show, firearms expo, gun owner's club or

convention, hunting club, shooting club, or training course;

or

(C) is on the property to receive firearms related services,

including the repair, maintenance, or modification of a

firearm;

(3) the person carries the handgun in a vehicle that is owned,

leased, rented, or otherwise legally controlled by the person, if

the handgun is:

(A) unloaded;

(B) not readily accessible; and

(C) secured in a case;

(4) the person carries the handgun while lawfully present in a

vehicle that is owned, leased, rented, or otherwise legally

controlled by another person, if the handgun is:

(A) unloaded;

(B) not readily accessible; and

(C) secured in a case; or

(5) the person carries the handgun:

(A) at a shooting range (as defined in IC 14-22-31.5-3);

(B) while attending a firearms instructional course; or

(C) while engaged in a legal hunting activity.

(c) Unless the person's right to possess a firearm has been restored

under IC 35-47-4-7, a person who has been convicted of domestic

battery under IC 35-42-2-1.3 may not possess or carry a handgun.

(d) This section may be not construed:

(1) to prohibit a person who owns, leases, rents, or otherwise

legally controls private property from regulating or prohibiting

the possession of firearms on the private property;

(2) to allow a person to adopt or enforce an ordinance,

resolution, policy, or rule that:

(A) prohibits; or

(B) has the effect of prohibiting;

an employee of the person from possessing a firearm or

ammunition that is locked in the trunk of the employee's

vehicle, kept in the glove compartment of the employee's locked

vehicle, or stored out of plain sight in the employee's locked

vehicle, unless the person's adoption or enforcement of the

ordinance, resolution, policy, or rule is allowed under

IC 34-28-7-2(b); or

(3) to allow a person to adopt or enforce a law, statute,

ordinance, resolution, policy, or rule that allows a person to

possess or transport a firearm or ammunition if the person is

prohibited from possessing or transporting the firearm or

ammunition by state or federal law.

[/FONT][/FONT][FONT=TimesNewRomanPSMT,Italic][FONT=TimesNewRomanPSMT,Italic]As added by P.L.311-1983, SEC.32. Amended by P.L.326-1987,

SEC.1; P.L.195-2003, SEC.6; P.L.98-2004, SEC.155; P.L.118-2007,

SEC.35; P.L.164-2011, SEC.1; P.L.6-2012, SEC.231
[/FONT][/FONT][FONT=TimesNewRomanPSMT,Italic][FONT=TimesNewRomanPSMT,Italic][/FONT][/FONT]

[FONT=TimesNewRomanPSMT,Bold][FONT=TimesNewRomanPSMT,Bold]IC 35-47-2-24

Indictment or information; defendant's burden to prove exemption

or license; arrest, effect of production of valid license, or

establishment of exemption

[/FONT][/FONT][FONT=TimesNewRomanPSMT,Bold][FONT=TimesNewRomanPSMT,Bold][/FONT][/FONT]Sec. 24. (a) In an information or indictment brought for the

enforcement of any provision of this chapter, it is not necessary to

negate any exemption specified under this chapter, or to allege the

absence of a license required under this chapter. The burden of proof

is on the defendant to prove that he is exempt under section 2 of this

chapter, or that he has a license as required under this chapter.

(b) Whenever a person who has been arrested or charged with a

violation of section 1 of this chapter presents a valid license to the

prosecuting attorney or establishes that he is exempt under section 2

of this chapter, any prosecution for a violation of section 1 of this

chapter shall be dismissed immediately, and all records of an arrest

or proceedings following arrest shall be destroyed immediately.

[FONT=TimesNewRomanPSMT,Italic][FONT=TimesNewRomanPSMT,Italic]As added by P.L.311-1983, SEC.32.
[/FONT][/FONT][FONT=TimesNewRomanPSMT,Italic][FONT=TimesNewRomanPSMT,Italic][/FONT][/FONT]

 

[GaDawg]

You have to have a license to carry in a public place if not given permission by the owner correct?

I dont one need the owners permission. If asked to leave and I don't best they can do is charge me for trespassing. My neighbor told me after he stopped laughing that his thinks they were reserves so they didn't know any better. He said the full time guys don't stop because they don't have the right and they no they can just be given the pound sand answer. He said they would only confront if there was a report of a disturbance.

 

[JMoses]

LOL, so you're saying that someone that DOESN'T have a LTCH and openly carrying, when approached by an officer and asked for said LTCH can just say "no" and walk away??

 

[stephen87]

Frank, do you know something we do not? As far as I understand it, if you are carrying a handgun, you are breaking the law. That is black and white. Specific exemptions are set forth for citizens to carry a handgun, LTCH for instance. It is not illegal/unconstitutional for an officer to ask for a LTCH when seeing a handgun. Failure to prove that you are licensed CAN result in an arrest, in which burden of proof is on the licensed, not the state.

 

[GaDawg]

Technically

 

[JMoses]

I dont one need the owners permission. If asked to leave and I don't best they can do is charge me for trespassing. My neighbor told me after he stopped laughing that his thinks they were reserves so they didn't know any better. He said the full time guys don't stop because they don't have the right and they no they can just be given the pound sand answer. He said they would only confront if there was a report of a disturbance.

You're correct in that the officer was out of line in telling you to cover it up, it's your decision, but he did have a right to ask you for your LTCH.

 

[stephen87]

I dont one need the owners permission. If asked to leave and I don't best they can do is charge me for trespassing. My neighbor told me after he stopped laughing that his thinks they were reserves so they didn't know any better. He said the full time guys don't stop because they don't have the right and they no they can just be given the pound sand answer. He said they would only confront if there was a report of a disturbance.

What he's asking is without a LTCH or the property owner's permission, is it illegal for someone to carry a handgun.

 

[GaDawg]

What would be his reason for stopping you? That's like frisking me when I left the store to make sure I didn't steal a pack of gum