Legal Implications??

[bassplayrguy]

I was at the Joe Nichols concert at 8 seconds saloon last night CCing my 1911 and a fight broke out in front of me. I was not involved in the original altercation. However I was involved in helping to break up the fight and holding back one of the aggressors. On my way home after the show I started to wonder if there would be any legal implications had I actually been involved in a fight and carrying a gun. Would it be treated just like any other fight and we would both just be ejected from the venue or would we both be arrested and upon arrest they find my gun and now I have extra charges? Anyone have any ideas?

 

[Titanium_Frost]

If you assault someone while in posession of a deadly weapon it is a charge all on its own. Give me a minute to look it up.

BTW this is only if your actions by themselves are a crime, a gun or other weapon does not change defense or battery from what they are.


http://www.in.gov/legislative/ic/2010/title35/ar42/ch2.html

 

[Mr Evilwrench]

If you're involved in an altercation, have a weapon and don't draw it, especially if nobody ever knew, it may not be the best under the law, but it should stand you in good stead with a reasonable prosecutor, if you should happen to find one. You have, after all, demonstrated restraint and proportional response. You don't want to have to go naked, just because you're afraid you might have to block a punch.

 

[bassplayrguy]

What could I be charged with for just HAVING a gun on me. I am legally allowed to carry.

 

[Titanium_Frost]

What could I be charged with for just HAVING a gun on me. I am legally allowed to carry.

If you read what I posted, you would know that it says if you are in POSSESSION of a deadly weapon during commission of battery it is a felony.

If you aren't commiting a crime there is no problem. You cannot get in trouble if you are lawfully possessing and carrying a legal firearm where you are allowed by law.

 

[kludge]

List of places I wouldn't be caught dead in Indy:
1. 8 Second Saloon

 

[DRob]

Surprise!

You were at the 8 Seconds Saloon and a fight broke out?

Isn't that redundant?

 

[Hayseed_40]

You were at the 8 Seconds Saloon and a fight broke out?

It was probably about OC vs CC.

I think Titanium Frost is correct except I feel that initially you will be lumped in with the brawlers and possibly arrested. It will be sorted out later and the PA will not file charges.

 

[bassplayrguy]

Probably best to leave the gun in the car when at a bar then even though I don't drink.

 

[Denny347]

Is this what you guys are quoting?
(3) a Class C felony if it results in serious bodily injury to any other person or if it is committed by means of a deadly weapon;

You have to do more than be in possession. You have to use a deadly weapon to cause the battery. Committing a battery while carrying a firearm but not using it is no different than not having one at all.

 

[Titanium_Frost]

Is this what you guys are quoting?
(3) a Class C felony if it results in serious bodily injury to any other person or if it is committed by means of a deadly weapon;

You have to do more than be in possession. You have to use a deadly weapon to cause the battery. Committing a battery while carrying a firearm but not using it is no different than not having one at all.

You are correct. I read it three times and every time I read it I swear it said "possession". Thanks for the clarification.

 

[beararms1776]

Was there plenty of people trying to break it up? If so, I'm not a bar person but, if it were me and I was armed, I would have avoided it like the plague.