Good news is, I didn't get arrested today...

[Concerned Citizen]

Bad news is, got my weapon confiscated

38th Street, between High School Rd & Lafayette Rd. In a school zone, changed lanes without signaling, & was driving over the limit (by less than 10MPH). Got lit up by IPD, presented my registration, did not have time to get my wallet out before She (LEO L. Howard) was at my window. After I reached for my wallet,

she asked "Do you have any other weapons in the car besides that knife?"
Me: "Two more knives, & a 9MM, inside waist band, on my right hip".
LEO: "Put both hands on the steering wheel. (into radio) This is officer Howard, I need back up".
Me: I have a license to carry, would you like to see it?"
LEO: "Not until my backup arrives".

We then sat their making idle ****-chat until two other squad cars showed up. Once they did, she asked me to get out and put my hands on my head, And asked officer White to remove my weapon. I wanted to tell him that wasn't a good idea, but LEO Howard was pretty serious about it at that point. However I did tell him to please be careful, as there was a round in the chamber.

She THEN asks me to give her my LTCH. I do, She calls it in, then I hear her ask the guy on the other end of the radio if he can see if I have applied for another one.
Me to LEO White: "Did I just here her say my LTCH was expired?"
LEO White: "Sure did, by 32 days."
Me: "What's that mean?"
LEO White: "You're carrying a firearm without a license. If she was a Hard-Ass & you were a Scum-Bag, you'd be going to jail. However, we can see that you are out here working, so my guess is she's not going to cuff you."

Long story short, she came back, wrote me a WARNING ticket for speeding in a school zone, and said "You may not agree with this, but I have to confiscate your firearm. I could have arrested you and/or fined you, but I'm not going to. Believe it or not, you are the type of person I like to see armed. Your not a scum bag, and there's not much chance of you being our enemy, but I have to turn this in, and you will have to go to the lock-up at the city county building to get it back."

I was completely in the wrong by letting my LTCH expire, so I can't fault her. I'm just pissed at myself for letting it expire.

 

[CathyInBlue]

Lesson: LEARNED

 

[nakinate]

Hooray for Lifetime LTCH's...or have they gotten rid of those already?

 

[koutsevil]

A lesser man would have gotten out of control. Congrats on staying level headed!

 

[SEIndSAM]

Did you get a receipt or something? How will you get your handgun back?? Can you get it back before getting another LTCH??

 

[Kirk Freeman]

or have they gotten rid of those already

We can't have nice things.

 

[churchmouse]

Did you get a receipt or something? How will you get your handgun back?? Can you get it back before getting another LTCH??

Yes but someone with LTCH has to carry it out for you.

They will keep the rounds.

 

[lonehoosier]

I don't understand this at all about confiscate your firearm. You ether broke the law for carrying a firearm with out a license and should have been arrested or they could have unloaded it and then put it in the trunk and told you not to carry until you get your LTCH straighten out. You may want to talk to a attorney about this. I can see them charging you with a crime after the fact.

 

[Cameramonkey]

Wow. Buy a lottery ticket. You just found the only 3 NON JBTs on the force. Frank Needs to seek them out and reprimand them for not curb stomping you and then throwing you in jail.

Seriously, Good to hear it all worked out sanely and that unlike a confiscation at a security checkpoint, you can actually get your sidearm back. Good luck getting your Larry renewed. Hopefully ISP has caught up a bit. Last count I had it was taking 6 months. If so, your xmas present might be pink.

 

[Bunnykid68]

Yes but someone with LTCH has to carry it out for you.

They will keep the rounds.

That makes no sense if true sense you can transport a firearm legally without the LTCH

And why would she disarm you before she knew if you had an LTCH? Fail on her part for being a nervous Nelly.

 

[Cameramonkey]

That makes no sense if true sense you can transport a firearm legally without the LTCH

Yeah, if they keep the rounds, I dont see why you cant carry it out yourself and put it in the trunk for the ride home. (IANAL)

 

[Bunnykid68]

I don't understand this at all about confiscate your firearm. You ether broke the law for carrying a firearm with out a license and should have been arrested or they could have unloaded it and then put it in the trunk and told you not to carry until you get your LTCH straighten out. You may want to talk to a attorney about this. I can see them charging you with a crime after the fact.

Yep, should give Guy Relford a call and ask him.

 

[churchmouse]

That makes no sense if true sense you can transport a firearm legally without the LTCH

And why would she disarm you before she knew if you had an LTCH? Fail on her part for being a nervous Nelly.

Son was busted DUI 4 years ago and had one of my 1911's. He did have LTCH but the gun was arrested along with him (confiscated) and I had to pick it up. If you do not have an LTCH you can not carry it out of the building. Their rules believe me. They also kept asll the ammo from (3) 14 rd mags. It was all SD rss. and spendy as hell. Never got it back.

OP....let it go, lesson learned. You were carrying a loaded fire arm and they stopped you. You can push this if you want to but not seeing this go anywhere but pissing off the LEO next time the stop some poor soul in your position.

 

[Kirk Freeman]

I don't understand this at all about confiscate your firearm. You ether broke the law for carrying a firearm with out a license and should have been arrested or they could have unloaded it and then put it in the trunk and told you not to carry until you get your LTCH straighten out.

The pooooleece do not have to arrest you on this. They can give you a summons on the misdemeanor, or simply forward the report to the MCPA.

It is within your best interest to contact an attorney immediately.

 

[BehindBlueI's]

I don't understand this at all about confiscate your firearm. You ether broke the law for carrying a firearm with out a license and should have been arrested or they could have unloaded it and then put it in the trunk and told you not to carry until you get your LTCH straighten out. You may want to talk to a attorney about this. I can see them charging you with a crime after the fact.

The OP broke the law. The OP was cut a huge break. If he'd been arrested and convicted, then unless the rules have changed he would be ineligible for a LTCH in the future. Confiscating the weapon means he is no longer breaking the law. While technically possible to be charged at a later date within the statue of limitations, that's not how things are typically done with a misdemeanor that requires to further investigation.

It is no different than when I found someone with a small amount of pot, had them destroy it (for a roach) or took it to the property room with a destroy order (for a blunt), and then sent them on their way. Just because I decide to cut you a break doesn't mean I have to let you continue with illegal behavior.

 

[Concerned Citizen]

I just NOW got done filing online for my Lifetime LCTH (thank the good lord I got that filed just in time before they were discontinued). L1 fingerprinting scheduled in The Burg tomorrow morning. Total cost paid online $84.95. Hendricks County Sheriff's office told me it was currently a 5 month wait .

Yeah, I see no reason to get a lawyer involved. She was very respectful to me, There is nothing I am going to complain to her supervisor about, and I'm not going to make a stink that my rights were violated. I broke the rules, now I have to jump through hoops.


I say Stupid on my part, but lesson learned. Both LEO's told me I could pick it up before I got my LTCH renewed, but I couldn't transport it with ammo. (yes, I know the non-LTCH carry rules, no need to argue them here) I will simply take my receipt for LTCH application up there, and a box to lock it in. They also said I could take somebody with me that had a valid license and they could carry out as well. I still don't expect to get any of my ammo back.

 

[lonehoosier]

The OP broke the law. The OP was cut a huge break. If he'd been arrested and convicted, then unless the rules have changed he would be ineligible for a LTCH in the future. Confiscating the weapon means he is no longer breaking the law. While technically possible to be charged at a later date within the statue of limitations, that's not how things are typically done with a misdemeanor that requires to further investigation.

It is no different than when I found someone with a small amount of pot, had them destroy it (for a roach) or took it to the property room with a destroy order (for a blunt), and then sent them on their way. Just because I decide to cut you a break doesn't mean I have to let you continue with illegal behavior.

I'm not trying to be a jurk here but you can't till me that this can't turn bad for him. I just want him to be prepared.

 

[Concerned Citizen]

The pooooleece do not have to arrest you on this. They can give you a summons on the misdemeanor, or simply forward the report to the MCPA.

It is within your best interest to contact an attorney immediately.

I will take your advice under advisement.

 

[HoughMade]

IBT "It's a violation of my rights to require a LTCH"

 

[lonehoosier]

The pooooleece do not have to arrest you on this. They can give you a summons on the misdemeanor, or simply forward the report to the MCPA.

It is within your best interest to contact an attorney immediately.

This is what I was trying to get at. Thanks Kirk