Indiana Brandishing Laws

[JettaKnight]

Weeellllll . . . .

Prior lawful act=such things as calling the police, not selling someone an item, making a Freedom of Information Act request, etc.

 

[gregr]

Hello. I have a question about the laws in Indiana (or lack thereof) regarding Brandishing. What constitutes as Brandishing a firearm? Last night I witnessed a situation, and I was wondering what Law Enforcement might have done if they had been called.

Last night I was shopping at a local supermarket, just a little bit after midnight. There were 4 people in line at the register in front of me, 1 man and 3 women. The man was attempting to buy alcohol, but was unable to because the 3 women he was with were all under the age of 21. Federal Law states that retailers cannot sell alcohol to a party unless they are all able to prove they are 21 years old (I work in retail, which is how I know this). After being denied his purchase, the man began yelling at the cashier and lifted up the front of his shirt to show that he was carrying a handgun. A manager was called, the man continued to yell at the employees and manager, and continued to show that he was carrying a weapon.

Eventually the group decided to leave. One of the managers said to him that he might not want to show off that he has a firearm if he is going to be screaming at retail employees, because it might be perceived as a threat. This sent the man into another yelling fit about how he has a conceal and carry permit, and that because he's going to be a cop in a year he knows the laws about carrying firearms. Finally, the group left, making snarky comments all the way out the door.

So my question is, does his actions constitute as brandishing a firearm? Do you think police should have been called? Thank you for your input and time!

Sad that a jerk like this tarnishes good, safe, reasonable firearm owners. And this idiot is going to be a cop? Not for long, if he acts like that.

 

[JettaKnight]

Sad that a jerk like this tarnishes good, safe, reasonable firearm owners. And this idiot is going to be a cop? Not for long, if he acts like that.

Something tells me he's not going to clear the psych exam.

 

[gregr]

Something tells me he's not going to clear the psych exam.

 

[led4thehed2]

Generally, I agree with BBI- he pretty much nailed it. We have Pointing a Firearm as a class A misdemeanor, if I'm not mistaken. This scenario seems to more closely match Intimidation, maybe an F6 felony. However, I feel there could be a case made for an Intimidation charge here. But, IANAL, yadda, yadda, yadda. Some people suck.

 

[crispy]

I still would have pushed the button.

Let him discuss it with the cops.

 

[OakRiver]

Weeellllll . . . .

Prior lawful act=such things as calling the police, not selling someone an item, making a Freedom of Information Act request, etc.

The MRAP will meet you outside your office

 

[KittySlayer]

...Federal Law states that retailers cannot sell alcohol to a party unless they are all able to prove they are 21 years old (I work in retail, which is how I know this).

The link you provided did not say this although it may be buried deeper. Sounds more like a store policy than a law.

...the 3 women he was with were all under the age of 21...

Well this thread is useless without pics. Girls Gone Wild? Barely Legal? Drunk College Coeds?

 

[Kirk Freeman]

The MRAP will meet you outside your office

Some day I will toast marshmallows over you, MRAP.

 

[Family man]

Some day I will toast marshmallows over you, MRAP.

The fumes would be toxic. Would not recommend eating them.

 

[OakRiver]

Some day I will toast marshmallows over you, MRAP.

Get a portable flame thrower and you can be the Sultan of S'mores

 

[lonehoosier]

Sounds like to me he needs a lesson from Wyatt Earp. LOL

[video=youtube_share;bQVsyvuij20]http://youtu.be/bQVsyvuij20[/video]

 

[Denny347]

Well, maybe anywhere else but Indy.

Maybe not Pointing, but it depends on intent perhaps as Mr. Johnson can tell us.

JOHNSON v. STATE | FindLaw

Weeellllll . . . .

Prior lawful act=such things as calling the police, not selling someone an item, making a Freedom of Information Act request, etc.

 

[migunner]

Wow. Not illegal, just horrible un-tasteful. Check out the johnson county shooting thread for a lesson on what happens if you start screaming at someone and flash a gun.

Good on manager telling that punk off, good on that manger keeping booze away! Sounds like old boy doesnt need any outside influence to make a bad choice. The im going to be a cop next year garbage is annoying to.. hopefully false.

This sort of behavior really rustles my feathers.


edit: Great first post btw, welcome to Ingo.

This is the behavior the anti's love to exploit. I would automatically perceive that lifting of a shirt to show a firearm as a threat!

 

[SSGSAD]

I had someone threaten to "put a bullet in my head", the other day .....

I was armed ..... Should I:

Got out of my car, and said, go for it .....

Make the first shot count, cause you won't get a second .....

OR,

Got out of the car, with MY gun in my hand, and said,

"Go ahead, make my day" .....

 

[STARCOM]

I had someone threaten to "put a bullet in my head", the other day .....

I was armed ..... Should I:

Got out of my car, and said, go for it .....

Make the first shot count, cause you won't get a second .....

OR,

Got out of the car, with MY gun in my hand, and said,

"Go ahead, make my day" .....

Need more information on the situation. If you can safely do so...leave maybe.

 

[SSGSAD]

Need more information on the situation. If you can safely do so...leave maybe.

I drove away .....

 

[Spikedog]

The guy was just "engaged in a brinkmanship style of street diplomacy"

 

[chipbennett]

Two questions:

1. Is he from Michigan or something? Michiganders (and maybe Ohioans) are the only ones I've heard who use the term "conceal and carry" license.
2. Why didn't he just ask the three ladies in his party to leave, so that they were no longer in his party - thereby avoiding the stupid Indiana excise issue?

 

[HoughMade]

Two questions:

1. Is he from Michigan or something? Michiganders (and maybe Ohioans) are the only ones I've heard who use the term "conceal and carry" license.

Either he, or the OP, or one or the other like arcane language.

2. Why didn't he just ask the three ladies in his party to leave, so that they were no longer in his party - thereby avoiding the stupid Indiana excise issue?

Let's not blame Indiana for this. It's not a law. Beyond that, it appears that was preventing him from doing some rational was the fact that it was rational, and he was not.