? about being disarmed on a MWAG call or just cheacking on it.

[huey]

On a man with a gun call (MWAG ) or an aproach(just walking by) just cheacking on it.
WHY if a LTCH has been shown WHY should he be disarmed{if no crime was commited} ???????
if there is a law or somthing please cite your source.

thanks for your thoughts are appreciated

 

[MarkM]

Its for the LEOS peace of mind.

 

[Concerned Citizen]

Did this happen to you or someone you know, or is this a hypothetical question? If this happened, would you care to give specifics?

 

[ATM]

When enough people waive their rights and don't complain about the little infringements, it becomes customary for some to continue doing so and going even further.

There is no authorization to disarm a licensed citizen unless there is suspicion that they are actually dangerous or involved in a crime.

 

[atvdave]

As long as after the LTCH is proven valid, then the LEO should give the HG back. Just my

 

[Frank_N_Stein]

Need specifics of the situation. Personally I don't disarm someone only because they have a gun on them, there has to be something more to it.

 

[Denny347]

On a man with a gun call (MWAG ) or an aproach(just walking by) just cheacking on it.
WHY if a LTCH has been shown WHY should he be disarmed{if no crime was commited} ???????
if there is a law or somthing please cite your source.

thanks for your thoughts are appreciated

There is no ONE WAY to handle a MWAG call because there are infinite number of variables that any one of which could change the response.

 

[huey]

Did this happen to you or someone you know, or is this a hypothetical question? If this happened, would you care to give specifics?

did not happen hypothetical.
just want to know my rights.

ps thanks for feedback so far

 

[IndyGunner]

As long as after the LTCH is proven valid, then the LEO should give the HG back. Just my

They shouldn't have it in their possession anyway...

 

[huey]

There is no ONE WAY to handle a MWAG call because there are infinite number of variables that any one of which could change the response.

ok just for you walking down the street/eating out/shopping(ive done nothing wrong} cop asks im nice and show ltch he then disarms me for oficer safety

 

[Rookie]

Completely unnecessary (assuming, your scenario doesn't have any hidden details). Unfortunately, there isn't a whole lot you can do at that moment. I wouldn't give the officer my weapon, he would have to take it.

 

[Kutnupe14]

On a man with a gun call (MWAG ) or an aproach(just walking by) just cheacking on it.
WHY if a LTCH has been shown WHY should he be disarmed{if no crime was commited} ???????
if there is a law or somthing please cite your source.

thanks for your thoughts are appreciated

There's no law to cite supporting one side or the other. If a person is simply "walking by," there's no reason to stop, let alone take his weapon. Now on the other hand, if someone is OC'ing, and involved in a heated argument (which is legal), and police are called, I would expect (and would do so personally myself) that the person would be disarmed. It simply depends on the situation and the information the officer has onhand.

 

[Indy317]

On a man with a gun call (MWAG ) or an aproach(just walking by) just cheacking on it. WHY if a LTCH has been shown WHY should he be disarmed{if no crime was commited} ??????? if there is a law or somthing please cite your source.

It is now well known in LE circles that the computerized database is available to confirm license status. As such, the mere showing of a piece of pink paper really doesn't validate if the person truly is authorized to carry. I state this only because people get their licenses suspended/revoked, even though they still may physically hold the license. From my vantage point, LEOs are going to treat LTCHs the same way they treat driver's licenses. Many are going to have dispatch run them, or if they can do it themselves via in-car computer, they will do that.

Now this means that there will need to be some time spent entering data, waiting for a response, etc.. Some officers are going to feel the need to disarm the suspect for "officer safety." Others may also say it is to check to see if the gun is stolen, which would be similar to running a vehicle's license plate even though a valid registration is produced. No court has ruled one way or another in regards to a MWAG call, that I know of.

There is no authorization to disarm a licensed citizen unless there is suspicion that they are actually dangerous or involved in a crime.

And then the question becomes, does the mere possession of a handgun give reasonable suspicion to stop and detain someone to investigate to see if they are carrying a handgun without a license.

 

[ATM]

...And then the question becomes, does the mere possession of a handgun give reasonable suspicion to stop and detain someone to investigate to see if they are carrying a handgun without a license.

Which is easily answered: of course not.

But until the courts rule as they have for non-RAS drivers license checks, the practice will surely continue in many areas.

 

[88GT]

As long as after the LTCH is proven valid, then the LEO should give the HG back. Just my

They shouldn't have it in their possession anyway...

This

Need specifics of the situation. Personally I don't disarm someone only because they have a gun on them, there has to be something more to it.

Who are you and what have you done with Frank?

 

[Denny347]

ok just for you walking down the street/eating out/shopping(ive done nothing wrong} cop asks im nice and show ltch he then disarms me for oficer safety

Well, I just happened to have that EXACT scenario happen to me over the summer. I got a MWAG call at an Indy Park. Not doing anything other than walking around during a crowded event there. I pull up and see a guy who was sporting a gold grill and sagging pants. He was wearing an XD (I think) OC in a paddle holster. Sadly, the paddle was stuck in his pants pocket and NOT his waistline. However, as thuggy as he appeared, he was not doing anything illegal, he was just enjoying the festival. I pull up and call him over to me, I stayed in my car. I explained that I got a call about him and if he had a LTCH. He produced it, I took a quick glance at it to make sure it was not expired, I thanked him, and gave it back. Told him to enjoy his time at the park. I left and got called back again. This time I did not approach the gun carrier. I approached the park manager who called 911. She had NO IDEA that carrying in a city park was now legal and he was 100% legal in his actions. I advised her to get with her bosses to get the word out that carrying in a park is 100% legal. Disarming the guy was unnecessary, he wasn't doing anything worth investigating. If he was in a fight or something similar...MAYBE.

 

[Roadie]

Well, I just happened to have that EXACT scenario happen to me over the summer. I got a MWAG call at an Indy Park. Not doing anything other than walking around during a crowded event there. I pull up and see a guy who was sporting a gold grill and sagging pants. He was wearing an XD (I think) OC in a paddle holster. Sadly, the paddle was stuck in his pants pocket and NOT his waistline. However, as thuggy as he appeared, he was not doing anything illegal, he was just enjoying the festival. I pull up and call him over to me, I stayed in my car. I explained that I got a call about him and if he had a LTCH. He produced it, I took a quick glance at it to make sure it was not expired, I thanked him, and gave it back. Told him to enjoy his time at the park. I left and got called back again. This time I did not approach the gun carrier. I approached the park manager who called 911. She had NO IDEA that carrying in a city park was now legal and he was 100% legal in his actions. I advised her to get with her bosses to get the word out that carrying in a park is 100% legal. Disarming the guy was unnecessary, he wasn't doing anything worth investigating. If he was in a fight or something similar...MAYBE.

Can you get this post printed in the ILEA Standard Procedures Manual?

 

[daddymikey1975]

And then the question becomes, does the mere possession of a handgun give reasonable suspicion to stop and detain someone to investigate to see if they are carrying a handgun without a license.

Since (in IN) it is illegal to carry a handgun without being licensed, an officer does have probable cause to stop and detain you and question you about the crime of carrying without being licensed.

Once the LTCH is produced (and verified to be valid) you're free to go.

As always, IANAL, DNSAHILN, YMMV.

 

[THard6]

most of the time they will take it and run numbers just to make sure the gun isn't stolen.
they're are always ways around it. and if you don't want to give it to the officer you may just pi$$ him off and he will fond something against you.
but i agree, i'd like to be left alone if i prove i am being perfectly legal..

 

[Sgt.Striker]

i think the average officer will disarm you because, quite frankly, they can. not saying its legal or right because it definitely not but it will happen. last year i was on my way home from work driving the speed limit( i always used the cruise control to the speed limit because this particular highway always has police around) and i passed a cruiser in the fast lane who was definitely going under the posted limit. as i pass i see the officer look over at me and immediately he pulls behind and lights em up.

he storms up to my truck window and yells at me for a few minutes about how disrespectful it is to pass an officer of the law and how i should know better. after the lecture he asks for my license and as i pull out my wallet he sees my pink carry permit and pulls his weapon and yells at me not to move and where is my gun? i tell him its in the center console and inform him that i do have a ltch. he tells me to get out and cuffs me "for my own safety" and takes my pistol and goes back to his car for twenty minutes and comes back with a ticket for 2 miles over the limit and tells me im lucky my gun isnt stolen.

as messed up and possibly illegal as his actions were i simply took it in stride because....what else can i do? protest and risk further violations? refuse to get out and get face planted on the highway? as an average everyday cc guy i just didnt really have any recourse but to go along and hope my rights didnt get violated too much. too many leos are making up the rules as they go these days