Cops Taking Your Gun.

[Rookie]

I DO KNOW THE LAWS, and no i am not readin you any. i'm simply telling you first hand experince and simply letting you know no matter how tough you act or try to stand your ground to an officer there are ways around everything. no i'm not 'joking'.


Armor piercing rounds are against the law everywhere in the US. You might be able to OWN them, but you can't carry them. Not only will you get arrested, but your gun will be seized and most likely destroyed. As a detective following up on your arrest, I'd write a search warrant for your property for other guns and additional ammo, seize everyting as evidence, and make you go to court to recover them. So it's always best to play nice. It really makes life simpler.

blah blah.. need i keep going?

I'm more interested in your opinion of this gem.

 

[Indy Wing Chun]

If you have a big friggen sign hanging out your car window stating, "I am driving without a licenses" then see how fast you get pullled over.

I will remove said sign IMMEDIATELY.

 

[Kirk Freeman]

I definetly would want the gun in my possession at the time, for my safety that is, but it's not whats right.

Well, it depends. Doesn't it always.

I think any prospective police action in this regard will be viewed through a reasonableness lens. How this all works out via the recent appellate court decisions is anyone's guess but I think we can define it at the extremes: unreasonable to run up and grab a gun for the heck of it, reasonable to take gun from OWI detainee.

The problem with coppers taking guns is not only public safety as they wave it around, or struggle to unload it (my friend almost ate his own P99 as the IPS trooper struggled to punch the mag out) but when coppers take a gun they think that people only carry one gun. E.g. at my stop in Broad Ripple I had three guns on me but the cop was obessed with only my 1911. He had to "run the numbers on it" but not the other two. It was very strange.

Good luck, cesna, concentrate on getting on, the Court of Appeals will likely work this issue out.

 

[JetGirl]

Serving and Protecting You to Death.

there are ways around everything. no i'm not 'joking'.

just giving you an example of what i can do.. and you'd just have to get over it.

 

[Liberty Sanders]

put yourself in the officers shoes. end of story i'd take it from you and then let you load it when i leave. don't get mad if i empty your clip. and also with the number of stolen guns they may have just been running it to make sure it's clean.. and you can complain all you want.. just hope you don't live in that county. you might find yourself getting pulled over often. and if you have nothing "wrong" then why not let the officer check it out....

You won't take it from me while I'm alive.

 

[littletommy]

Thard hasn't posted in here for a while now. I used to hate it when I was in the middle of something and my mom would call me in for lunch.

 

[Rookie]

You won't take it from me while I'm alive.

Can you clarify?

 

[JetGirl]

if you have nothing "wrong" then why not let the officer check it out....

I'd like to check your computer history.

If you have nothing "wrong" then why not let me check it out...

 

[AndersonIN]

Thard hasn't posted in here for a while now. I used to hate it when I was in the middle of something and my mom would call me in for lunch.

Shift change at the Mall Orange Julius is at 1:00 prob get to have the left overs!!

 

[Liberty Sanders]

Can you clarify?

What's to clarify?

 

[Rookie]

Just making sure I understand, you would forcefully resist an officer disarming you?

 

[Jakob]

Fed mandate that private sector ISP's keep logs for 180 day minimum!

 

[Liberty Sanders]

Just making sure I understand, you would forcefully resist an officer disarming you?

I'll forcefully resist anyone who is trying to make me a victim of a crime...won't you?

 

[Rookie]

Sad to say, I can't. I have a wife and family that rely on me, and police officers have the law to protect them.

 

[Liberty Sanders]

Sad to say, I can't. I have a wife and family that rely on me, and police officers have the law to protect them.

The law protects them only as long as they're not violating it.

 

[Rookie]

And even if they are.

I'm stopped for whatever reason. I'm acting calm and give no reason for the officer to have concern. He decides he wants my firearm. I decide he has no legal reason.

IF I live, the officer is going to go to court, say the magic words (officer safety), and I'm off to prison.

 

[Irishcs05]

IC 35-47-2-1
Carrying a handgun without being licensed; exceptions; person convicted of domestic battery
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.


Per the quoted code open or concealed carry is illegal. The exception is if you have a LTCH, which allows the LEO to stop anyone carrying and ask to see the LTCH.

Kind of like speeding is against the law. An exception is emergency vehicles while running flashing lights. If you are speeding, and you are not an emergency vehicle with flashing lights, an LEO can pull you over.

Other state's laws (so called "open carry" states) have laws for carrying a concealed weapon on your person. Their law is silent on the issue of open carry, therefore open carry is not RS or PC of a crime being committed. Since Indiana law does not specify the mode of carry, ANY carry of a handgun is illegal without a license, and therefore it is RS or PC for a stop.

You're reading into the law a bit more than myself, I believe.

I agree completely - open/concealed carry in Indiana is against the law without a permit, and that's exactly what that statute says.

However, I stop there, while you go onto read that because it is by default illegal that probable cause is achieved.

Given that there are 3 ways to interpret a law (intent, letter, spirit) I would hold that in all 3 cases the intent of the law, the spirit of the law, and obviously the letter of the law do not go that far. Without specific wording (like, "anyone open carrying is subject to license verification.") I'm afraid that it's up to the courts to set a precedent. I do not believe this has happened in IN yet.

 

[kludge]

The cop can't see whether you have a license or not, therefore no RS or PC.

HE CAN SEE the gun when you OC, therefore RS/PC exists for the stop.

BTW if the person driving appeared to be 10 years old, then that would give to cop reason for a stop... again it's something
(s)he can see.

He can sure as Hell see the automobile just as clearly (probably much more clearly) than he can see a holstered handgun!

While I am at it, there is no constitutional right to operate an automobile (barring a proper interpretation of the Ninth Amendment). Last time I looked, the Second Amendment is still there.

Sorry that was ambiguous.

I should have said the cop can't see whether or not you have a driver's license therefore no RS or PC to stop just anyone driving down the road.

 

[IndyDave1776]

Sorry that was ambiguous.

I should have said the cop can't see whether or not you have a driver's license therefore no RS or PC to stop just anyone driving down the road.

I am still confused. Driving a car without a license is illegal. Carrying a handgun without a license is illegal. In both cases (with OC at least) both activities are visible, and in both cases the respective licenses are not visible. I fail to understand the difference that would leave a person to conclude that possession of a firearm is prima facie probable cause for a stop but driving an automobile isn't. It almost seems like having different sets of traffic laws based on what brand of car you drive.

 

[Rookie]

The supreme court has ruled that a license check cannot be a reason for a traffic stop.