Mye Rieeets

[cbhausen]

It’s all a matter of inches. Carry short and you’re fooked. This guy’s a moron but it shows how silly the laws are.

 

[churchmouse]

It's really easy to chip away at the 2A when people like this are considered representative of gun owners in general.

We should be strongly discouraging this behavior.

We do. At any opportunity. These idiots show their ignorance in the LGS and gun ranges all the time. Call them out when possible. Set them straight if you can. There might be a few that learn something. I am sure this guy and his buddys believe what he was trying to teach the world. Read it on the internet.

 

[croy]

With this on his record I seriously doubt he will be able to legally carry for some time if ever.

Carrying a handgun without a license is a misdemeanor not a felony.

 

[churchmouse]

Carrying a handgun without a license is a misdemeanor not a felony.

Good point.

 

[jagee]

It’s all a matter of inches. Carry short and you’re fooked.

Don't I know it.

 

[t-squared]

Great...now this poor schlub has to wait years to get his gun back. But the good news is VUPD and his buddies have a new toy to shoot at Eagle Creek................

 

[KLB]

Great...now this poor schlub has to wait years to get his gun back. But the good news is VUPD and his buddies have a new toy to shoot at Eagle Creek................

I heard that was SOP for them when they saw a gun they wanted to try out.

 

[BehindBlueI's]

I'm not being snarky or disrespectful, truly asking. I thought you do have discression?
Not that this guy deserved it.

We do have discretion, but it has limits. As you indicated in the second part, the circumstances and actions of the person matter. If you're causing a disturbance of some sort, our discretion is much more limited. If someone called you in vs we just found you (ie, this guy vs a traffic stop), it's more limited.

Granny with a .38 in her purse and a license that expired last week discovered on a traffic stop for an out headlight vs a guy making a scene and refusing to stop making a scene in a public place? Different levels of what we can do.

 

[Birds Away]

Because poking the bear always works out well...for the bear.

 

[DRob]

It's easier to talk your way into jail than to talk your way out.

 

[Frank_N_Stein]

Carrying a handgun without a license is a misdemeanor not a felony.

Yep. I have encountered several people with a valid LTCH that have a previous conviction for carrying a handgun without a license. And one guy I arrested for carrying without an LTCH was able to get one between the day of the arrest and the day of trial. He took a plea to the charge but was able to keep his LTCH.

 

[Crittersdad]

He sounds like an useful idiot.

 

[MarkC]

As many posters noted, the officers have discretion, but different circumstances require different levels of discretion.

In this case, Mr. Moron had to leave the store, one way or another. Even if he had been carrying a rifle (thus, no permit required), he was still trespassing once the store's representative told him to leave.

However, in this situation, it is easier to make the arrest for Carrying a Handgun Without a License (CHWOL, in the old days); the only witness needed is the officer who a) saw him in possession of a handgun and b) determined that he had no license (and, of course c), no exceptions applied).

Arresting Mr. Dunning-Kruger for trespass requires some agent of the store with authority to order him off the property who was there and gave him the order (or authorized the police to remove him), complicating evidentiary issues at trial.

In at least one case the Indiana Court of Appeals have held that police officers, absent a clear declaration that they have such authority, were not sufficient representatives of the parks department OF THEIR OWN CITY to eject individuals for trespass. (Travis v. State, 812 N.E.2d 826 (2004)).

 

[K_W]

So I assume since the court says an officer cannot stop somebody and check for their license simply for carrying a handgun, the act of trespassing made you able to check for his ltch?

 

[VUPDblue]

So I assume since the court says an officer cannot stop somebody and check for their license simply for carrying a handgun, the act of trespassing made you able to check for his ltch?

That would be one way, yes. In this case he made it too easy. Upon initial contact with the person, he immediately went into his speech about it being unloaded so he doesn’t need a license.

 

[hoosierdoc]

1: he was squatting in said big box store
2: as such, he was in his curtilage
3: you had no warrant to enter his curtilage and search him
4: since he was in his curtilage he does need a LTCH

i am available for pro boner legal defense

 

[LP1]

Carrying a handgun without a license is a misdemeanor not a felony.

Is that level misdemeanor punishable by a year in prison? (IIRC that's the threshold for the question on the 4473.)

 

[K_W]

That would be one way, yes. In this case he made it too easy. Upon initial contact with the person, he immediately went into his speech about it being unloaded so he doesn’t need a license.

That does make it easy.

 

[hoosierdoc]

Where was the handgun carried?

 

[Trigger Time]

1: he was squatting in said big box store
2: as such, he was in his curtilage
3: you had no warrant to enter his curtilage and search him
4: since he was in his curtilage he does need a LTCH

i am available for pro boner legal defense

I'm very pro boner