HELP: Banned from restaurant for CCW

[ziggy]

Best to keep hush about CC in any public place. Like Scutter says, it ain't show n tell.

 

[steve479]

I am surprise that people did not start running for the doors

 

[mbills2223]

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.
​

That's not brandishing...

bran·dish (brndsh)
tr.v. bran·dished, bran·dish·ing, bran·dish·es
1. To wave or flourish (a weapon, for example) menacingly.
2. To display ostentatiously. See Synonyms at flourish.
n.
A menacing or defiant wave or flourish.

 

[KG1]

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.
​

Different as pointed out. Seems to me you're flailing about in a desperate attempt to save face instead of simply stating that you misspoke about a specific brandishing law.

And just for the record I don't think anyone has agreed that what the OP did was a good idea.

 

[actaeon277]

Are we done beating up on the poor OP yet?
He made a mistake.
He has been chastised.
I think we're done

 

[Signal23]

Different as pointed out. Seems to me you're flailing about in a desperate attempt to save face instead of simply stating that you misspoke about a specific brandishing law.

And just for the record I don't think anyone has agreed that what the OP did was a good idea.

Nope, I am good right where I am at.
I think he made a poor decision, pulling his gun. (twice actually, doing it, and posting it)
he would have needed to grab it by the grip not the barrel, with his strong hand, likely, that would look exactly, like any other draw.
I think he should be banned from the resturant if that is what the owner wants. (so I agree with the owner, the response is reasonable)
I think he could have been arrested for his actions. (this would depend on the way the owner discribed the complaint to officers, with witnesses)
And I think if he was, the conversation would be "brandishing" or "displaying" and the law would be IC 35-47-4-3 (35-47-4 is for miscellaneous section) and maybe felony if "when the cops got his gun it was loaded) or not, if he could prove is was unloaded during the event.

 

[Signal23]

Are we done beating up on the poor OP yet?
He made a mistake.
He has been chastised.
I think we're done

Standard proceedure here.

 

[actaeon277]

Standard proceedure here.

I know.
I'm just trying to get the new guy some slack so he doesn't run away.
I'd rather he learned from his experience.

 

[mbaza3]

Your lucky you didn't get charged with reckless endangerment or something, and have your license revoked. NEVER, ever unholster in public. If someone wants to see your gun then show a picture.

I agree with the above. You see with your eyes not your hands.

 

[sig-guy]

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

I assume you're asking me?

I don't drink alcohol (never have), so bars (where most people go to mainly drink alcohol) is not a place I like to hang out.

Pubs on the other hand (at least the local one), is more of a family place to go eat dinner. Have a drink or two with your meal and then go home.
I'm lucky if I step foot inside their place once a year. And it's the only Pub that I really have any experience with...

 

[JettaKnight]

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 description 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.
​

Are you seriously trying to claim the OP's actions fit under IC35-47-4-3? At no point did his actions ever resemble pointing a firearm at another person according to his account. I'd argue that you have to use your imagination to to jump to sweeping anyone with the muzzle.

If you can make this claim then there should be hundreds of arrest at every gun show. Now, I'm not saying the that what's acceptable at a gun show is acceptable at a bar, but the law doesn't differentiate the two. As for a police station - that IS a different location as defined by the law.

The OP made a stupid mistake - the kind that gets people kill occasionally, but what he did wasn't necessarily illegal according to the law posted.

 

[FireBirdDS]

WOW 29 pages in under 3 days time! Topgun I give you props for achieving that alone!

That being said, my piece of advice for in the future is to have some pictures on your phone next time you wanna show off while in public. That's what I do if a friend asks what kind of piece I'm packing.

We all have our stupid moments in life, no exceptions. Then you get the honor of being the whipping boy for a while, count your blessings and move on. Some lessons are learned the hard way. A friend of mine told me about the time he had an impromptu "dry practice" session and ended up cooking one off through the wall (his parent's house I might add). From that painful lesson he learned to have designated dry practice times with all live ammo in a separate room. He's the one who's taught me practically everything I know about carrying and firearm safety.

 

[Signal23]

The OP made a stupid mistake - the kind that gets people kill occasionally, but what he did wasn't necessarily illegal according to the law posted.

The OP made a mistake........I agree with YOUR words
The kind that kill's occasionally..........I agree YOUR words
"Wasn't NECESSARILY illegal, according to the law posted..........I agree with YOUR words, and as I posted, COULD BE, and that implies, COULD NOT be AS WELL.

This would come down to, how the story was told, what the call came out as, what whitnesses say, what the OP's response is to the PD........IF CALLED, and thankfully in this case, the were not.

All I am saying is this COULD HAVE been a much bigger deal, if it just went down slightly different. There are 10 to 100 different ways this could have gone down.

 

[KG1]

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.
​

You also need to quote the IC correctly instead of paraphrasing as it does make a difference.

(b) A person who knowingly or intentionally points a firearm at another person commits a Class D felony. However, the offense is a Class A misdemeanor if the firearm was not loaded.

 

[Signal23]

You also need to quote the IC correctly instead of paraphrasing as it does make a difference.

GOOD GRIEF

IF there was a call to the cops and if the cops chose to take this further it would be written UNDER THIS IC. because it fits here better than any other.

Let's turn this around, I go into a gas station, I get a slim jim and a slurpie (the blue ones). I have my gun in my pocket, it's pulling my sweat pants down, so I take it out of my pocket, I hold the slurpie and slim jim in my left hand, gun in my right, I go to the counter to pay, guy behind counter seems cool, but hits the button.......fast forward. Cops come, my gun is in my pocket now, but I did clearly have it out and grabbed it by the grip in manner to surprise the guy at the counter, he want something done, he tells the cops "I am not sure, but I think he pointed it at me".......COP says OK we will put it to him............WHAT IC do you think this will go under???

 

[stephen87]

None. They go to the video since he says "I THINK he pointed it at me." Gas stations have cameras for a reason.

FWIW, I just got out of Speedway and my gun never left the holster.

 

[Signal23]

None. They go to the video since he says "I THINK he pointed it at me." Gas stations have cameras for a reason.

FWIW, I just got out of Speedway and my gun never left the holster.

OOK, I give this a little nudge.......Now, the cop looks at the video and "HE THINKS I am guilty ALSO.

Now, does he ticket me, cuff and stuff.......or send me on my way.

(both guys think I did something wrong, PD and witness, AND you are pretty sure I am guilty as well as a witness)...........so let say a higher than 80% chance, maybe even 90% chance or higher I am wrong....

What's your choice, summons, cuffed, walk.

 

[stephen87]

OOK, I give this a little nudge.......Now, the cop looks at the video and "HE THINKS I am guilty ALSO.

Now, does he ticket me, cuff and stuff.......or send me on my way.

(both guys think I did something wrong, PD and witness, AND you are pretty sure I am guilty as well as a witness)...........so let say a higher than 80% chance, maybe even 90% chance or higher I am wrong....

What's your choice, summons, cuffed, walk.

If the officer feels that you did something wrong, it will depend on what you did for him to decide. Some infractions they can give you a summons. Some infractions warrant backup being called and a jackboot to your neck. Either way, it's basically written what they will do, but there are a few instances where it is officer discretion.

If the officer thinks you pointed the firearm intentionally, I assume you don't carry an empty gun, you go downtown for a D felony and it becomes the prosecutor's decision whether to pursue charges. If he decides you should go for criminal recklessness, again you probably go downtown for criminal recklessness with a deadly weapon which is a D felony then the prosecutor decides. I don't believe anything else would apply to the particular scenario.

 

[Signal23]

If the officer feels that you did something wrong, it will depend on what you did for him to decide. Some infractions they can give you a summons. Some infractions warrant backup being called and a jackboot to your neck. Either way, it's basically written what they will do, but there are a few instances where it is officer discretion.

If the officer thinks you pointed the firearm intentionally, I assume you don't carry an empty gun, you go downtown for a D felony and it becomes the prosecutor's decision whether to pursue charges. If he decides you should go for criminal recklessness, again you probably go downtown for criminal recklessness with a deadly weapon which is a D felony then the prosecutor decides. I don't believe anything else would apply to the particular scenario.

Same as the bar call

 

[KG1]

GOOD GRIEF

IF there was a call to the cops and if the cops chose to take this further it would be written UNDER THIS IC. because it fits here better than any other.

Let's turn this around, I go into a gas station, I get a slim jim and a slurpie (the blue ones). I have my gun in my pocket, it's pulling my sweat pants down, so I take it out of my pocket, I hold the slurpie and slim jim in my left hand, gun in my right, I go to the counter to pay, guy behind counter seems cool, but hits the button.......fast forward. Cops come, my gun is in my pocket now, but I did clearly have it out and grabbed it by the grip in manner to surprise the guy at the counter, he want something done, he tells the cops "I am not sure, but I think he pointed it at me".......COP says OK we will put it to him............WHAT IC do you think this will go under???

Wow. You really are going the long way to get around your initial comment about a so-called brandishing law which doesn't exist then you pull out another IC and try to mold it like clay to fit and then throw in a bunch of different scenarios.

First it was going to a police station and un-holstering and now we're at a gas station with slurpies and slim jims that have absolutely nothing to do with the OP instead of just admitting you may have misspoken about a specific "brandishing " law.

Your fascinating debating skills are awesome.