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  • Frank_N_Stein

    Grandmaster
    Rating - 100%
    79   0   0
    Nov 24, 2008
    10,230
    77
    Beech Grove, IN

    One thing that could be interpreted as misconduct was a threat he made to me when he gave me my citation. He told me that if I was involved in any more "incidents" that he would do "everything in his power" to confiscate my guns and revoke my LTCH.


    I must have missed you mentioning that in your original post. No, I didn't miss it because it wasn't in there. Would have been nice to know the first time around.
     

    rambone

    Grandmaster
    Rating - 100%
    4   0   0
    Mar 3, 2009
    18,745
    83
    'Merica
    A militia shall be regulated, being necessary to the desires of the state; The privilege of proper people to keep arms, may be infringed upon bearing.
     

    warmachine

    Marksman
    Rating - 0%
    0   0   0
    Sep 21, 2010
    147
    16
    East Central Indiana
    Its a damn shame that Carmel PD is like that. Compared to the city I live in Carmel is beautiful and I was actually considering moving there in a couple years. Im not so sure now. But back on topic of the neighbor's dog, I think it was pretty stand up for trying to protect your neighbors (the elderly lady) and your neighbor's dog. Hope all goes well for you in November. Im sure being former LEO the judge will be more open to listen to your side of the story. Barney was probably all hopped up on authority to let reason win.
     

    MTC

    Expert
    Rating - 0%
    0   0   0
    Jul 14, 2009
    1,356
    38
    Bad laws punish all of us, even the good guys...
    ...We all need to feel the chains that weigh down our freedoms.
    ...we all need to be equally opposed to out-of-control government...

    Good Luck LibertySanders
    +1 and hope things work out for you.

    A militia shall be regulated, being necessary to the desires of the state; The privilege of proper people to keep arms, may be infringed upon bearing.

    A well-regulated* populace, being tolerated for now by The State, the privilege of those people reluctantly approved to keep or (if they just have to) bear arms, may be infringed.

    (*taxed, licensed, requiring CLEO sign-off, fingerprints, submission of personal information, photo (in some cases), background investigation, and databased so that they can be effectively tracked, monitored, and controlled.)

    Alternate:

    A well-controlled populace, being necessary to the security of The State, the privilege of some of the people to keep and/or bear arms, may be infringed.
     
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    Lobo

    Shooter
    Rating - 0%
    0   0   0
    Aug 2, 2010
    535
    16
    Actually, the cop is kinda right on this one.

    Apparently, the OP didn't really think that any lives were in danger, as he didn't shoot the damn mongrel. His "warning shot" (how do you warn a non-human??) worked, but that was just luck. Not all dogs are especially frightened of loud noises, particularly dogs that are already chewing on you.

    If you feel you have to fire your gun in a neighborhood, you darn well should put the bullet where it will solve the problem. I'd rather fret over the a-hole neighbor who lets his vicious dog run free being upset, than some 4 year old kid down the block being this "lovable" dog's lunch tomorrow.

    "I don't understand it....Fido never was aggressive before!" How many times do we hear that on the news?

    If you go armed, take care of business when you need to. Or leave it in the safe.
     

    Fargo

    Grandmaster
    Rating - 100%
    13   0   0
    Mar 11, 2009
    7,575
    63
    In a state of acute Pork-i-docis
    Actually, the cop is kinda right on this one.

    Apparently, the OP didn't really think that any lives were in danger, as he didn't shoot the damn mongrel. His "warning shot" (how do you warn a non-human??) worked, but that was just luck. Not all dogs are especially frightened of loud noises, particularly dogs that are already chewing on you.

    If you feel you have to fire your gun in a neighborhood, you darn well should put the bullet where it will solve the problem. I'd rather fret over the a-hole neighbor who lets his vicious dog run free being upset, than some 4 year old kid down the block being this "lovable" dog's lunch tomorrow.

    "I don't understand it....Fido never was aggressive before!" How many times do we hear that on the news?

    If you go armed, take care of business when you need to. Or leave it in the safe.

    Armchair + quarterback = the above!

    So the way that solved the problem without destroying your neighbor's dog was the wrong one? I wouldn't have criticized the OP had he shot the dog, but I certainly am not going to sit back and criticize him handling the situation in a fashion that doesn't involve whacking your neighbor's pet and engendering possible lawsuits.

    The "take care of business" part is really cute, especially when the civil demand letter comes or the police arrest you.

    I am really at a loss to understand how the cop was legally right on this. Please explain your position that it was ok to shoot the dog (which is going to involve a round moving horizontally through the neighborhood), but not to scare him of with a vertical round into the ground.

    Do you really think the cop was going to be happier if the OP had moved UP the force continuum?

    Joe
     

    SavageEagle

    Grandmaster
    Rating - 0%
    0   0   0
    Apr 27, 2008
    19,568
    38
    I know the cop was wrong, but I won't say what Liberty did was wrong either. It wasn't because it worked. He fired into the ground and not randomly into the air or down the street. Sure, there was a chance of ricochet, but Liberty knows what kind of ground he has around him and whether it was safe to do so or not. I've met and talked with Liberty on more than one occasion and I feel safe in saying that he wasn't going to do anything to harm those around him.

    I will say that I personally would have shot the dog because in this situation the dog was already gnawing on him. But that's just me. What Liberty did was admirable and I don't feel anyone is right in demonizing him for that.
     

    shootinghoosier

    Marksman
    Rating - 0%
    0   0   0
    Jun 10, 2010
    269
    16
    Indy
    Gotta ask...so if Liberty had explained to the officer that he intended to shoot the biting dog, but simply "missed", and then not followed up with a kill shot because the dog let loose and went back into his fenced-in backyard, would this have been considered a legal discharge by Barney Fife?
     

    Cemetery-man

    Master
    Rating - 100%
    2   0   0
    Oct 26, 2009
    2,999
    38
    Bremen
    In my town there is also a law against discharging guns in city limits. Like any community I think the way things are handled pretty much depends on which officer answers the call. Most LEO in my town would surely have overlooked the discharge because of the circumstances but then again, a couple of them would have reacted the same as this cop did. There is a city ordinance here that allows the police to shoot on sight any animal that displays an intent to attack them or any other individual.
     

    ATF Consumer

    Shooter
    Rating - 0%
    0   0   0
    Sep 23, 2008
    4,628
    36
    South Side Indy
    It's called selective enforcement. Officers use discretionary judgement on when to enforce particular laws...probably most of these are based on the mood/attitude of both the LEO and the one in violation.
     

    Que

    Meekness ≠ Weakness
    Site Supporter
    Rating - 98%
    48   1   0
    Feb 20, 2009
    16,373
    83
    Blacksburg
    I know a guy (INGO) who was about to be attacked by a dog, so he shot the dog. Long story short, he did everything he could possibly do to avoid the dangerous dog, but when the dog charged him, he didn't have a choice. He has had his guns confiscated and now he's going through the court system. I wonder what would have happend if he shot a warning shot?

    In this case, the dogs were saved, the OP was safe, the elderly neighbor and her dog was saved. What would be the reason for shooting the dog and wouldn't (shouldn't) everyone be apreciative that the dog was spared and no human being was injured? I know, I'm preaching to the choir, but this is just silly, even for Carmel.
     

    E5RANGER375

    Shooter
    Rating - 100%
    15   0   0
    Feb 22, 2010
    11,507
    38
    BOATS n' HO's, Indy East
    Frank, I understand where you're coming from, and I believe your interpretation of this is correct.


    One thing that could be interpreted as misconduct was a threat he made to me when he gave me my citation. He told me that if I was involved in any more "incidents" that he would do "everything in his power" to confiscate my guns and revoke my LTCH.


    I'm not going to pursue it. That could be interpreted as simply warning me of the consequences should I continue with my degenerate behavior of protecting my elderly neighbors.


    "HIS POWER"? :laugh::laugh: see thats where too many cops have the wrong idea. They dont have any power. The law is the power and its their jobs to enforce it and nothing else. not go on witch hunts or revenge sprees that we see a lot of. I probly would have told the punk to kiss my ass. i mean he already gave you the citation so .....

    good luck in court. I'm sure you will beat this. I would also file a complaint to keep barney in check and remind him for the rest of his job tenure who's realy in charge.
     

    E5RANGER375

    Shooter
    Rating - 100%
    15   0   0
    Feb 22, 2010
    11,507
    38
    BOATS n' HO's, Indy East
    I know a guy (INGO) who was about to be attacked by a dog, so he shot the dog. Long story short, he did everything he could possibly do to avoid the dangerous dog, but when the dog charged him, he didn't have a choice. He has had his guns confiscated and now he's going through the court system. I wonder what would have happend if he shot a warning shot?

    In this case, the dogs were saved, the OP was safe, the elderly neighbor and her dog was saved. What would be the reason for shooting the dog and wouldn't (shouldn't) everyone be apreciative that the dog was spared and no human being was injured? I know, I'm preaching to the choir, but this is just silly, even for Carmel.

    yep, your best bet is to not even call the cops. hose down the yard and throw the beast into the street.
    I cant see most interactions with police involving firearms a good one. best not even chance it.
     

    Joe Williams

    Shooter
    Rating - 0%
    0   0   0
    Jun 26, 2008
    10,431
    38
    snip The law is the power and its their jobs to enforce it and nothing else. snip

    Well, technically that's exactly what the cop did. He chose not to exercise the discretion he could have, and enforced the law as written. Gonna be kind of hard to file a complaint against him for that.

    The discussion is whether he should have exercised his discretion. I think he should have, but that would put him in conflict with the part of your statement I quoted above.
     

    Son of Liberty

    Marksman
    Rating - 0%
    0   0   0
    Jul 7, 2009
    225
    16
    yep, your best bet is to not even call the cops. hose down the yard and throw the beast into the street.
    I cant see most interactions with police involving firearms a good one. best not even chance it.


    Agreed, I don't involve the law unless abosuletly necassary, haven't met a cop yet, that truly wanted to help in the situation. Not saying they arent out there, I just don't have the luck of the draw to get one, so there's no point in involving them.

    Tired of dealing with the egos and powertrips.
     

    printcraft

    INGO Clown
    Site Supporter
    Rating - 100%
    16   0   0
    Feb 14, 2008
    39,055
    113
    Uranus
    Gotta ask...so if Liberty had explained to the officer that he intended to shoot the biting dog, but simply "missed", and then not followed up with a kill shot because the dog let loose and went back into his fenced-in backyard, would this have been considered a legal discharge by Barney Fife?

    Yeah, same question/comment here.

    I'm guessing with the attitude displayed liberty would still be a loose cannon. :rolleyes:

    Just the act of firing the gun in city limits put him in the hot seat.
     

    E5RANGER375

    Shooter
    Rating - 100%
    15   0   0
    Feb 22, 2010
    11,507
    38
    BOATS n' HO's, Indy East
    Well, technically that's exactly what the cop did. He chose not to exercise the discretion he could have, and enforced the law as written. Gonna be kind of hard to file a complaint against him for that.

    The discussion is whether he should have exercised his discretion. I think he should have, but that would put him in conflict with the part of your statement I quoted above.

    not realy because theres 2 laws that play against each other on this. officer discression shouldnt even come into play here. its more like common sense. this ass clown shouldnt even have a badge.
    and his final statement is just more classic cop intimidation like we see all the time. almost word for word. They must have a special intimidation class at ILEA now. I think if a lot of them couldnt hide behind the badge and could take their ass whoopins like the rest of us, it would clear some things up. wheres that tar and feathers?

    we ALL put our pants on the same. but some cops still want their own forums :): :rolleyes:
     
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    Tactical Dave

    Grandmaster
    Rating - 100%
    8   0   0
    Feb 21, 2010
    5,574
    48
    Plainfield
    Let us all also remember that anyone can post anything on the internet....... or post what they "thought" someone said or twist the words around a little. That's why I take all of what I see on the internet with a grain of salt.
     
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