HELP: Banned from restaurant for CCW

[sig-guy]

If it was a local thing, then it is now voided because SB292.

& welcome to

This is nice to know, thanks for the information!

And thanks for the welcome.

 

[GodFearinGunTotin]

That is part of it I'm sure. But I remember them listing police stations, post offices, courthouse, college, etc... which is not included in their 'places off-limits even with a permit/license'. I was also checking (back then) wether you could carry in city parks (which is why I thought it might be a local thing).

Has any of these laws changed in the past couple of years? Which would have made it legal now and not back then?

This has really got me to thinking... as its bugging the crap out of me!

You may be thinking of a local ordinance. But a bill passed into law a 2-3 years ago rendered all those laws invalid. I think it was SB292.

 

[Captain Bligh]

... I have been looking up regs and law codes and it seems to me that they are discriminating against me disallowing entry...

I am not a lawyer, but I do spend far too much time and money talking to them. It is only discrimination if

1. You are a member of a protected class (e.g. race, color, national origin, religion, gender, disability, age over 40)
2. and then you are treated in a different manner than are persons not in a protected class who perform the same act.

For example, if you are a woman who is banned but they do not ban a man who unholsters a gun in a bar, it might appropriately be called discrimination. But if they ban everyone who unholsters firearms they are not discriminating, and it is certainly their right to do so. Folks often use the "discrimination" word around with little understanding of what it actually means.

Regardless of whether it meets the legal definition of "discrimination," it is their place and they get to make the rules. I think they can ban you and not the next guy if they so choose. Discrimination does not apply in this matter any way you look at it.

 

[sparkyfender]

You should have slapped your piece upon the bar and shouted, "Give me a shot of redeye in a dirty glass! With a hair in it!"

Seperates the men from the wussies............

 

[bigus_D]

I'm very curious what establishment this is, as I'm more than a little surprised that they would recognize 1 customer out of the hundreds that they see every day.

I bet they don't have hundreds each day flashing guns around. That one customer that does might be pretty freaking easy to remember!

 

[Signal23]

Could you show us brandishing in the Indiana Code?

So, we have DOZENS of threads of guys getting thumped by cops for just open carry on the street.

And you think a guy in a crowded bar/resturant with his gun out of a holster, in plain view of someone he didn't intend to show it to or point it at is all good.

There are guys on INGO that may have drawn on him, are you kidding???

 

[mbills2223]

There are guys on INGO that may have drawn on him, are you kidding???

 

[RabbleRouser]

ok, you don't go to bars but you do go to pubs, what is the difference?

 

[mbills2223]

ok, you don't go to bars but you do go to pubs, what is the difference?

I can't speak for whoever you're talking to, but I usually hear pub used to refer to a more calm, "classy" joint here in the States.

 

[KG1]

So, we have DOZENS of threads of guys getting thumped by cops for just open carry on the street.

And you think a guy in a crowded bar/resturant with his gun out of a holster, in plain view of someone he didn't intend to show it to or point it at is all good.

There are guys on INGO that may have drawn on him, are you kidding???

I don't believe Expat ever mentioned anything in his post about whether he thought it was a good idea or not.

Looked to me like he asked you to provide the specific IC for "Brandishing" which you have yet to do.

 

[TiminMishawaka]

As many have said, not banned for CCW. Banned for brandishing a firearm.

 

[GI JOE]

Shoulda left it in its holster. Why would you show him at a bar? That's retarded.

 

[Timjoebillybob]

So, we have DOZENS of threads of guys getting thumped by cops for just open carry on the street.

And you think a guy in a crowded bar/resturant with his gun out of a holster, in plain view of someone he didn't intend to show it to or point it at is all good.

There are guys on INGO that may have drawn on him, are you kidding???

Never said it was a good idea, you are the one that stated he could be arrested for it. There is no brandishing law in Indiana. Feel free to prove me wrong though.

I don't believe Expat ever mentioned anything in his post about whether he thought it was a good idea or not.

Looked to me like he asked you to provide the specific IC for "Brandishing" which you have yet to do.

Yep since he stated the guy could be arrested for it.

 

[Pyriel]

More surprising than the whole incident, is that you actually posted about it on the interwebz, to be berated by the entire Indiana gun community

 

[Signal23]

I don't believe Expat ever mentioned anything in his post about whether he thought it was a good idea or not.

Looked to me like he asked you to provide the specific IC for "Brandishing" which you have yet to do.

Seems you guys like to learn by doing, rather than reading.

Run on down to the police station lobby, take your unloaded gun out of the holster and wave it around and show it off. count to ahhh, lets say 10.

See if you get an understanding of "brandishing", then tell the officers........"hey, where is that written"

There is a difference bettween the letter of the law and it's application that guys on here love to try to split hairs with, it will alway favor the officers discression and the specific situation.

 

[cbhausen]

To the OP, hang in there, learn, and move on. You've probably taken enough abuse already. Don't voluntarily disarm yourself whatever you do.

I think of my carry gun like my "other" gun... I don't pull it out unless I mean business with it.

 

[KG1]

Seems you guys like to learn by doing, rather than reading.

Run on down to the police station lobby, take your unloaded gun out of the holster and wave it around and show it off. count to ahhh, lets say 10.

See if you get an understanding of "brandishing", then tell the officers........"hey, where is that written"

There is a difference bettween the letter of the law and it's application that guys on here love to try to split hairs with, it will alway favor the officers discression and the specific situation.

Can't provide specific IC then...Thought so.

 

[Signal23]

Can't provide specific IC then...Thought so.

Pointing a Firearm at Another Person – Penalties under Indiana Law

If you point a gun at someone you could be charged with this Class D felony punishable by 6 months to 3 years in prison. If the weapon was unloaded, the charge is reduced to a Class A misdemeanor and carries a potential sentence of up to 1 year in jail and $5,000 in fines.

Ref:IC 35-47-4-3


So the OP discription does lead you to believe that he swept it past himself or other people so if you want I can jump on wiki and copy "brandshing" it's pointing waving or directing a weapon.
​

 

[stephen87]

Seems you guys like to learn by doing, rather than reading.

Run on down to the police station lobby, take your unloaded gun out of the holster and wave it around and show it off. count to ahhh, lets say 10.

See if you get an understanding of "brandishing", then tell the officers........"hey, where is that written"

There is a difference bettween the letter of the law and it's application that guys on here love to try to split hairs with, it will alway favor the officers discression and the specific situation.

Really? You will not be hit with "brandishing a firearm." You CANNOT be arrested for something that is not a law. I'm sure they'll find something to charge you with, but I am willing to bet you $1,000 that it will not be brandishing. Maybe "criminal recklessness," but definitely not brandishing.

 

[stephen87]

Pointing a Firearm at Another Person – Penalties under Indiana Law

If you point a gun at someone you could be charged with this Class D felony punishable by 6 months to 3 years in prison. If the weapon was unloaded, the charge is reduced to a Class A misdemeanor and carries a potential sentence of up to 1 year in jail and $5,000 in fines.

Ref:IC 35-47-4-3


​

Completely different than brandishing. See what the title is for that? Pointing a firearm at another person. That's entirely different than brandishing. You have still failed to provide the appropriate IC for brandishing. I'll give you two clues. First: the title will include brandishing. Second: it doesn't exist.