Asserting Your Right To Open Carry.

[ATM]

Indiana law is bad in this regard. The burden to prove exception (to the prohibited act of carrying a handgun) is still placed upon the carrier.

No need to provide ID beyond the carry license, though.

No, it is not.

We have Pinner.

Yes, it is. IC 35-47-2-24 still hasn't been repealed.

 

[ATM]

Right, I’ve been there, still doesn’t change MY opinion of OC, but to each his own. ATM also believes that explosives brought down the twin towers...

Ready to play?

 

[Vigilant]

Ready to play?

Nah, something about stupid games stupid prizes, winning and playing?

 

[Coach]

I often Open Carry. I carry two Smith and Wesson M&P pistols on my belt. They are both in custom made holsters. I have been carrying around a big portion of the state I do not feel I have had a shock and awe effect on sheeple.

I am not saying I am right. But I am not admitting any wrong.

 

[gglass]

I guess I will author the first dissent opinion. Yes it’s your right to carry, open or concealed, IN law is silent on how. Is there really a reason to OC, aside from thumbing your nose at .gov, liberals, panty waste’s? It isn’t that hard to cover a worn weapon. NO, you aren’t making the carry of a gun more mainstream, you’re scaring the hell outta the sheeple. You are also tieing up needed services when the po-po get called to your “man with gun” 911. Why bother, blouse your shirt over it and keep on keeping on, no drama, no harm, no foul. I’m also basing the dissent on the only folks I’ve seen OC, the Beech Grove WalMart crowd with their pistols stuffed into a “sausage sack”. I’ve yet to meet an OC’er with a quality weapon in an even better quality holster. Maybe if I meet one one day my opinion may change. But until then, Uncle Maine, and Mr. Fobus aren’t your friends.

Is that you butter?

 

[actaeon277]

I guess I will author the first dissent opinion. Yes it’s your right to carry, open or concealed, IN law is silent on how. Is there really a reason to OC, aside from thumbing your nose at .gov, liberals, panty waste’s? It isn’t that hard to cover a worn weapon. NO, you aren’t making the carry of a gun more mainstream, you’re scaring the hell outta the sheeple. You are also tieing up needed services when the po-po get called to your “man with gun” 911. Why bother, blouse your shirt over it and keep on keeping on, no drama, no harm, no foul. I’m also basing the dissent on the only folks I’ve seen OC, the Beech Grove WalMart crowd with their pistols stuffed into a “sausage sack”. I’ve yet to meet an OC’er with a quality weapon in an even better quality holster. Maybe if I meet one one day my opinion may change. But until then, Uncle Maine, and Mr. Fobus aren’t your friends.

Is there a reason other than...
Yes there is. Its the.. I don't care. I don't care if someone's scared of my rights. Are we going to ask people to "cover up"? Some people are scared based on race, some on religion.
So we ask them to "cover up"?

We're not converting anyone...
once again, I don't care.

Waste of resources..
Stop sending police when people are following the law.

You haven't met an OCer with a quality weapon or holster. Your own statement states you haaven't encountered a lot.

 

[croy]

I guess I will author the first dissent opinion. Yes it’s your right to carry, open or concealed, IN law is silent on how. Is there really a reason to OC, aside from thumbing your nose at .gov, liberals, panty waste’s? It isn’t that hard to cover a worn weapon. NO, you aren’t making the carry of a gun more mainstream, you’re scaring the hell outta the sheeple. You are also tieing up needed services when the po-po get called to your “man with gun” 911. Why bother, blouse your shirt over it and keep on keeping on, no drama, no harm, no foul. I’m also basing the dissent on the only folks I’ve seen OC, the Beech Grove WalMart crowd with their pistols stuffed into a “sausage sack”. I’ve yet to meet an OC’er with a quality weapon in an even better quality holster. Maybe if I meet one one day my opinion may change. But until then, Uncle Maine, and Mr. Fobus aren’t your friends.

"You must spread reputation around blah blah blah"

I don't really have anything to add to your comment.
I'm just not up for a OC/CC debate with everyone else.

 

[wtburnette]

Is there a reason other than...
Yes there is. Its the.. I don't care. I don't care if someone's scared of my rights. Are we going to ask people to "cover up"? Some people are scared based on race, some on religion.
So we ask them to "cover up"?

We're not converting anyone...
once again, I don't care.

Waste of resources..
Stop sending police when people are following the law.

You haven't met an OCer with a quality weapon or holster. Your own statement states you haaven't encountered a lot.

Well said sir. Since the law allows for OC or CC, it's up to the individual. I don't worry about how I carry makes someone else feel. I could give a **** less how someone else takes something I do. Especially in this day and age of people getting offended over every little thing.

 

[KLB]

Is there a reason other than...
Yes there is. Its the.. I don't care. I don't care if someone's scared of my rights. Are we going to ask people to "cover up"? Some people are scared based on race, some on religion.
So we ask them to "cover up"?

We're not converting anyone...
once again, I don't care.

Waste of resources..
Stop sending police when people are following the law.

You haven't met an OCer with a quality weapon or holster. Your own statement states you haaven't encountered a lot.

It's funny how many of us here in just our little corner don't fit his preconceived notion of people that OC. Not to mention, I have yet to see anyone OC the way he describes.

 

[alabasterjar]

I'm posting this question here because it has more to do with individual rights than the act of carrying a hand gun. Move the thread if you disagree.

You have a License to Carry a Handgun granted by the State of Indiana, [STRIKE]based upon[/STRIKE] despite the 2nd Amendment and the Indiana Constitution.

You are open carrying at the local grocery. A LEO sees your gun and stops you and asks you for ID and your Permit.

What are your legally required to do?

Thanks in advance for your well reasoned, non-snarky reply.

FIFY. Not an attempt to be snarky, but the US Constitution and the Indiana Constitution are pretty clear: the people shall have a right to bear arms.

Now, to directly answer your question: not a damn thing. As already mentioned, Pinner vs. Indiana already cleared that up for us. Give LE a nod, blow him/her a kiss, ignore him/her, what ever floats your boat; you are not required to provide anything.

Now, if an authorized representative of the store you are in has called LE because they do not want you on their property (because you are carrying a firearm, or any other reason that doesn't trigger a protected class status), you may need to communicate with LE & remove yourself from the property right smart.

 

[wtburnette]

It's funny how many of us here in just our little corner don't fit his preconceived notion of people that OC. Not to mention, I have yet to see anyone OC the way he describes.

I'll vigorously defend anyone's right to OC if they so choose, but I have unfortunately encountered several people open carrying who have chosen their equipment poorly. As with anything else in life, sometimes you'll see people who are positive examples of something and sometimes you'll encounter negative examples. Then you hear stories of people pocket carrying a gun without a holster, carrying without a round in the chamber and so many other things that you realize it is what it is. I'm still for people to have the freedom to do it their way and I'm also for people dealing with consequences of their actions, for good or ill.

 

[KLB]

People are dumb and will do stupid . Nothing you can do about it, but hope that someone doesn't kill or hurt you with their stupidity.

 

[wtburnette]

People are dumb and will do stupid . Nothing you can do about it, but hope that someone doesn't kill or hurt you with their stupidity.

Yep, exactly.

 

[mergatroid]

FIFY. Not an attempt to be snarky, but the US Constitution and the Indiana Constitution are pretty clear: the people shall have a right to bear arms.

Also, the Indiana Constitution specifies that the right is an INDIVIDUAL right. (see attached)

This should still be accurate. It outlines the states that have specifically stated it is in individual right.

Much of the language was adopted within a few years of the Bill Of Rights.

Ammo for the folks that think "militia" is what firearms are about.

 

[ArcadiaGP]

I'm posting this question here because it has more to do with individual rights than the act of carrying a hand gun. Move the thread if you disagree.

You have a License to Carry a Handgun granted by the State of Indiana, based upon the 2nd Amendment.

You are open carrying at the local grocery. A LEO sees your gun and stops you and asks you for ID and your Permit.

What are your legally required to do?

Thanks in advance for your well reasoned, non-snarky reply.

Required? Not much... if anything. But it's up to you if you want to make it easy on yourself and avoid unnecessary strife.

You don't have to do anything... but non-compliance is probably going to make the cop mad.
You don't have to carry or show your LTCH... but that may cause unforseen consequences, as well.
You don't have to justify to anyone why you're OC'ing...

If an officer decides to start the dialogue for whatever reason... it's unfortunately now on you to decide how it plays out... be that with argument or taking the path of least resistance.

I can't remember the last time a cop approached me while I was OC'ing... It's been years, and plenty have seen me.

 

[mergatroid]

Read your link. Makes me mad what they do. Some LEO have no respect. That is the EXACT reason they suffer such poor image. Problem is with training and the attitudes of the superiors.

 

[Mark 1911]

You're not required to carry you license on your person. And as stated above, LEOs are not supposed to stop you in Indiana just to check for a LTCH. That being said, I also understand that many LEOs don't have a full understanding of the law. LEOs also have a lot of discretion as to what constitutes a reason to stop you, and I am not expert on that. I don't have a problem with keeping things on a respectful and friendly basis if possible. If they want to see my LTCH, ok, I have nothing to hide, and I don't necessarily see a need to get into a debate about legalities with an officer on the street, I'd rather try to be friendly and cooperative if possible. Let's just keep this friendly, to the point, and brief. You're doing your job (maybe not perfectly, but I'm not perfect at mine all the time either and I've been doing it for more than 30 years - people make mistakes). I prefer to go on about my business with a smile and a handshake, most LEOs do a great job. I don't mind being cooperative, as long as my rights under the law are respected and I'm not harassed just for exercising my rights. If we can do that fine. If it goes beyond a friendly exchange, then I will take it up with his supervisor.

I've been carrying since 1989 and I've only had one exchange with an LEO over carrying and I posted the story on INGO when it happened. That was during a stop for speeding in Hammond. The officer saw my (empty) holster mounted under the steering wheel and asked if I was armed. When I said yes, he didn't seem to know how to handle the situation. There was some confusion, but he was never less than respectful. He was on the radio with his supervisor, I didn't hear what was said, but that seemed to calm him down. He had already taken possession of my handgun at that point but he returned it as soon as he got off the radio. The only thing I didn't like about it was that he removed the mag and the round in the chamber. No need to do that and an added safety risk that was unnecessary. Many folks on INGO were of the opinion that I should have taken that up with his supervisor. But because of the way his handling of the situation changed immediately after the radio exchange, I felt the lesson was learned.

 

[ATM]

Nah, something about stupid games stupid prizes, winning and playing?

I'm here to help.

 

[HoughMade]

I I were faced with this situation, I would comply with the officer's instructions at the time, then when the encounter was over, I would gather the law on the subject and "start a conversation" with the police department's administration and whatever governmental entity had oversight of the dept. if the dept. does not prove receptive.

...but that's me. I'm not giving legal advice to anyone else.

 

[mergatroid]

I understand the "comply and get on with the day" idea and the "comply and educate" too. That would also be my first instinct, (and you don't really have a choice if faced with a bad/uninformed/ego driven LEO). but........at some point the "comply and educate, complain and sue" might need to be.