open carry stopped by hobart pd while pumping gas

[jkaetz]

I believe stops like this are a hecklers veto on open carry. They want to harass the OC person so that they cover it and the sheep can go on feeling "safe". Short of successful lawsuits against illegal detainment it's not likely to stop either. Anyone OCing should be ready for when they are heckled.

 

[SteveM4A1]

I guess it could be argued he was free to go when, as the officer was placing his gun on the cruiser hood, told him he was not being detained. Sure, he would abandon his property, ID, etc, but he could leave. LOL

hahaha. This may be a good idea actually? At that point the officer has confiscated his property, no?

 

[rhino]

I am fine with that as long as they give me their gun for me to unload and hang onto for my own "safety".

I've had that same thought many times when I read about these incidents.

 

[actaeon277]

If you have to be disarmed, wouldn't it be better to leave it in the holster and remove the holster from the belt?

 

[TheSpark]

I guess it could be argued he was free to go when, as the officer was placing his gun on the cruiser hood, told him he was not being detained. Sure, he would abandon his property, ID, etc, but he could leave. LOL

The officer said he -was- being detained. That is why the officer basically violated his rights and most likely the law himself. He had no reason to detain him.

 

[dansgotguns]

Anyone have a link for information regarding showing an officer your license?

 

[Rookie]

IC 34-28-5

See also Adam Starr v. State

 

[lonehoosier]

Anyone have a link for information regarding showing an officer your license?

Drivers license or license to carry handgun?

 

[dansgotguns]

Ltch

 

[Rookie]

Oops

 

[Rookie]

Technically, you don't have to, but it's the only way to avoid matching bracelets.

 

[dansgotguns]

Any proof u dont have to?

 

[KG1]

I am fine with that as long as they give me their gun for me to unload and hang onto for my own "safety".

Sort of like exchanging firearms. LOL. Howbout we both unload then we'll both feel safe?

 

[actaeon277]

I think you're looking for
Indiana Code 34-28-5

34-28-5-3 and
34-28-5-3.5

I'd do the copy/paste/highlight thing. But its too difficult on a cell.

 

[Rookie]

IC 35-47-2-24
Indictment or information; defendant's burden to prove exemption or license; arrest, effect of production of valid license, or establishment of exemption
Sec. 24. (a) In an information or indictment brought for the enforcement of any provision of this chapter, it is not necessary to negate any exemption specified under this chapter, or to allege the absence of a license required under this chapter. The burden of proof is on the defendant to prove that he is exempt under section 2 of this chapter, or that he has a license as required under this chapter.
(b) Whenever a person who has been arrested or charged with a violation of section 1 of this chapter presents a valid license to the prosecuting attorney or establishes that he is exempt under section 2 of this chapter, any prosecution for a violation of section 1 of this chapter shall be dismissed immediately, and all records of an arrest or proceedings following arrest shall be destroyed immediately.

 

[dansgotguns]

Idk called the chief today. No answer.

 

[JMoses]

Speaking as to general information here:

The United States Fourth District Court of Appeals encompasses the southern states of Maryland, Virginia, and North Carolina, and the Union state of West Virginia. Indiana is in the United States Seventh Circuit Court of Appeals.

Carriyng a handgun is a crime in Indiana. The license is an affirmative defense. Any stop for carrying a handgun (a crime) off one's property (there is a case on this as well) in Indiana will likely be deemed reasonable under the federal and state cnostitution a la the carry case in Georgia which has a similar statute.

Indiana has no "show papers because I said so" statute. If you are suspected of an ordinance violation or infraction you must present ID or tell the officer who you are. If you are not operating a motor vehicle there is no statute requiring that you show your driver's license.

Where's Roadie?

 

[tbhausen]

Here's the thread I started about this subject awhile back. Interesting insights inside:

https://www.indianagunowners.com/fo...eos-dispatchers-911-operators-mwag-calls.html

 

[jedi]

If you have to be disarmed, wouldn't it be better to leave it in the holster and remove the holster from the belt?

It's not about 'jbt safety' actaeon277.
It's not about safety period.
It's about POWER & AUTHORITY

You WILL bow to the JBT and JBT WILL take your visible sidearm. PERIOD.
Right, Wrong, Legal, Illegal it does not matter at the time.
The IN courts have stated you can sort that out later in court if you like.

It's you vs the king's men and unless you go all braveheart* it will ALWAYS be the king's men's way.

*not recommended

Idk called the chief today. No answer.

 

[Rookie]

Where's Roadie?

Hopefully soon, he'll be along to show you the door.