How to handle being stopped by a LEO for OCing

[Titanium_Frost]

Carrying a firearm without LTCH is not an infraction or ordinance violation. You still wouldn't have to show ID.

That is technically true, but they can and probably will arrest you for the misdemeanor of carrying a handgun without a license. From everything I have researched in IN it is a requirement to show a LTCH when asked. Show em the little pink permission slip and be on your way (hopefully).

 

[Rookie]

Correct. You can be arrested for not having LTCH. They still couldn't force you to show ID because it's not an infraction or an ordinance violation. Granted, you would be booked as John Doe, but they couldn't charge you with refusal to identify.

 

[Bunnykid68]

Frost, I dont remember you being that hairy

 

[Titanium_Frost]

That wasn't me, you can tell because my voice doesn't shake that much when cops talk to me

 

[crispy]

When a cop says "We stopped you because you're upsetting people" or "causing alarm" the first thing I would say back is "Well, did you inform them of the law and that it is legal to open carry in this state?"

 

[tskin]

When a cop says "We stopped you because you're upsetting people" or "causing alarm" the first thing I would say back is "Well, did you inform them of the law and that it is legal to open carry in this state?"

That's exactly my thought. Although I rarely OC, if I do & am approached by a LEO who told me that I was "upsetting people or causing alarm," my response would be "then this is a great teachable moment for you guys isn't it."

 

[Titanium_Frost]

When a cop says "We stopped you because you're upsetting people" or "causing alarm" the first thing I would say back is "Well, did you inform them of the law and that it is legal to open carry in this state?"

I will use this line next time and get back with you on how well it worked (or not).

 

[chasekerion4]

IC 34-28-5-3
Detention
Sec. 3. Whenever a law enforcement officer believes in good faith that a person has committed an infraction or ordinance violation, the law enforcement officer may detain that person for a time sufficient to:
(1) inform the person of the allegation;
(2) obtain the person's:
(A) name, address, and date of birth; or
(B) driver's license, if in the person's possession; and
(3) allow the person to execute a notice to appear.
As added by P.L.1-1998, SEC.24.
IC 34-28-5-3.5
Refusal to identify self
Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver's license, if in the person's possession;
to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
As added by P.L.1-1998, SEC.24.

I see this working out a lot differently via MANY stories here on the forums, based solely on the "believes in good faith" part of the LEO stopping you.

Not saying that he was wrong by any stretch. Honestly, the way the little guy was talking, kinda made me think it was the OC'ers buddy who was the cop.

Nevertheless, I could see this video turning out differently here in Indiana in the vast majority of cases.

This happened in an OC state, and to be quite honest, is incredibly concerning that he was even stopped, as opposed to Indiana who just flat doesn't say how you can or can't carry.

 

[Hayseed_40]

[ame]http://www.youtube.com/watch?v=uj0mtxXEGE8[/ame]

 

[TacticalM4]

Wow, those videos get pretty deep. I'm all about having rights, but we have cops in our society to protect us. Why assume they are out to harass you unless you yourself are harassing someone? I think if I was OC, I would probably hold myself a little differently and frankly just be prepared to be questioned.

I'm always concerned about traffic stops, like if i'm on my way to the range or back. Or if I am heading to family's house for the weekend to shoot. I keep my weapons in the back area of my suburban. Should I warn the cop? I don't have any kind of license to carry... I assume I don't need one? My dad gave me a pistol, but the rest are rifles,

 

[KonanTheDestroyer]

love it! Almost perfect way to handle the situation.

 

[cobber]

My guess is that in the next session of the Indiana legislature there will be a bill to eliminate or restrict OC. Right now the law is quiet. After Evansville and other OC encounters, some legislator is going to decide 'there oughta be a law'.

Just saying... be prepared.

 

[IndianaSigma]

I see this working out a lot differently via MANY stories here on the forums, based solely on the "believes in good faith" part of the LEO stopping you.

Not saying that he was wrong by any stretch. Honestly, the way the little guy was talking, kinda made me think it was the OC'ers buddy who was the cop.

Nevertheless, I could see this video turning out differently here in Indiana in the vast majority of cases.

This happened in an OC state, and to be quite honest, is incredibly concerning that he was even stopped, as opposed to Indiana who just flat doesn't say how you can or can't carry.

good faith noun. honest intent to act without taking an unfair advantage over another person.

This is where the LEOs can say "I honestly thought he may have been carrying without a LTCH". But we all know they would definitely be taking an unfair advantage over the OCer......They have these gray areas in many laws in order to protect their ability to do as they wish.

Best thing to do IMO is to start recording every time you are pulled over or detained by a LEO. Indiana is a state that allows video and audio recording of a conversation as long as one of the parties is aware of the recording (YOU). Then you have something to present to their superiors if you are harassed.

 

[armedindy]

+1 to the cops for not being complete bags

 

[revolvers&w]

That's exactly my thought. Although I rarely OC, if I do & am approached by a LEO who told me that I was "upsetting people or causing alarm," my response would be "then this is a great teachable moment for you guys isn't it."

Or "Officer perhaps you should go back and assure them that they have nothing to worry about because you are on duty and only a phone call away."