Say you are pulled over in IL or OH

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • 04FXSTS

    Master
    Rating - 0%
    0   0   0
    Dec 31, 2010
    1,821
    129
    Eugene
    jediagh Several members of that website have carried in that method said:
    arrested[/color] and have gone to court to have the charges dismissed (See their forums for more info). The IL Supreme Court has ruled on this limited CC method and has sided with firearm owners.


    This is not correct. The Icarry website promotes "fanny pack carry" and this is a very gray area and has not been decided by the courts. I am from Illinois and our anti-gun Attorney General will not issue an opinion on this method of carry so it is left up to each county's States Attorneys office. Some of which agree it is perfectly legal others say it is illegal, in other words there are potentionaly 102 different rules.
    So far no one has ever been convicted for fanny pack, because it never goes to trial, charges are dropped just before going to court. This also means no one has ever been found innocent and no legal precedent is set. This leaves things open for the next arrest where you will be arrested, have to bond out and spend who knows how much time and money before charges are dropped.
    The case that was ruled on by the Illinois Supreme Court was People V Diggens where it was ruled the console is an acceptable container to carry an unloaded handgun. Jim.

    I almost forgot something, NEVER volunteer that there is a firearm in the vehicle. If you are asked; do not lie just do not volunteer anything. If the cop gives the cute question anout "guns, knives, drugs or hand gernades" my response is "there is nothing illegal in this vehicle." Also if asked NEVER give permission for a search. If an officer asks this he does not have probable cause just a fishing trip.
     
    Last edited:

    jedi

    Da PinkFather
    Site Supporter
    Rating - 100%
    51   0   0
    Oct 27, 2008
    37,839
    113
    NWI, North of US-30
    jediagh Several members of that website have carried in that method said:
    arrested[/color] and have gone to court to have the charges dismissed (See their forums for more info). The IL Supreme Court has ruled on this limited CC method and has sided with firearm owners.


    This is not correct. The Icarry website promotes "fanny pack carry" and this is a very gray area and has not been decided by the courts. I am from Illinois and our anti-gun Attorney General will not issue an opinion on this method of carry so it is left up to each county's States Attorneys office. Some of which agree it is perfectly legal others say it is illegal, in other words there are potentionaly 102 different rules.
    So far no one has ever been convicted for fanny pack, because it never goes to trial, charges are dropped just before going to court. This also means no one has ever been found innocent and no legal precedent is set. This leaves things open for the next arrest where you will be arrested, have to bond out and spend who knows how much time and money before charges are dropped.
    The case that was ruled on by the Illinois Supreme Court was People V Diggens where it was ruled the console is an acceptable container to carry an unloaded handgun. Jim.

    I almost forgot something, NEVER volunteer that there is a firearm in the vehicle. If you are asked; do not lie just do not volunteer anything. If the cop gives the cute question anout "guns, knives, drugs or hand gernades" my response is "there is nothing illegal in this vehicle." Also if asked NEVER give permission for a search. If an officer asks this he does not have probable cause just a fishing trip.


    Thanks for the clarification & welcome to INGO!
    Me I just stay out of IL unless I'm working. Otherwise there is nothing that I need/want that I can not get elsewhere outside of IL.

    FYI on the LEQ asking stuff.

    OTHER INFO
    A Guide to Protecting Your Rights: What to do when LEO stop you and your are carrying.
    https://www.indianagunowners.com/fo...what_to_do_when_leo_stops_you.html#post915009
     

    LawDog76

    Expert
    Rating - 100%
    1   0   0
    Jan 31, 2010
    779
    16
    Brownsburg
    You don't have to tell them anything. Don't lie; just decline to answer the question. Refusing to answer does NOT give the LEO probable cause to search.
    No it doesn't give them PC but they will be more likely to cite you for the reason they stopped you along with any other violation they may of found during the traffic stop. STOP and actually LISTEN to how the officer ask if you have a weapon. "Sir, do you have any guns or other weapons that I need to worry about?" Well if you're carrying and NOT planning on using it or getting it out for any reason you can honestly answer "No". They don't have to worry if you're not planning on using it on them.
     

    ThrottleJockey

    Shooter
    Rating - 100%
    2   0   0
    Oct 14, 2009
    4,934
    38
    Between Greenwood and Martinsville
    You don't have to tell them anything. Don't lie; just decline to answer the question. Refusing to answer does NOT give the LEO probable cause to search.
    While it may not give them PC to search, they can take refusal to answer as having something to hide likely making them remove you from the car (after backup arrives in vast numbers) and then search your car "for their own safety" or in hopes of finding that big bag of dope or whatever they feel will get them recognition. As proven in MANY other threads, PC is not always necessary and LEOs are prone to making mistakes or just blatantly ignoring the law only to let a court figure it all out later on.
     

    jedi

    Da PinkFather
    Site Supporter
    Rating - 100%
    51   0   0
    Oct 27, 2008
    37,839
    113
    NWI, North of US-30
    While it may not give them PC to search, they can take refusal to answer as having something to hide likely making them remove you from the car (after backup arrives in vast numbers) and then search your car "for their own safety" or in hopes of finding that big bag of dope or whatever they feel will get them recognition. As proven in MANY other threads, PC is not always necessary and LEOs are prone to making mistakes or just blatantly ignoring the law only to let a court figure it all out later on.

    !!QFT!!

    Best case is drive the speed limit and avoid LEOs.
     

    BigJ3780

    Marksman
    Rating - 100%
    6   0   0
    Dec 18, 2010
    140
    18
    So I cannot carry in Ohio with an IN LTC, is it possible to get one in other states while living in Indiana?

    I travel to other states quite often, I take it there is no "Federal Permit" to carry anywhere is there??
     

    ATM

    will argue for sammiches.
    Site Supporter
    Rating - 100%
    30   0   0
    Jul 29, 2008
    21,019
    83
    Crawfordsville

    Kirk Freeman

    Grandmaster
    Rating - 100%
    9   0   0
    Mar 9, 2008
    48,052
    113
    Lafayette, Indiana
    So I cannot carry in Ohio with an IN LTC, is it possible to get one in other states while living in Indiana?
    Ohio does not recognize an Indiana LTCH but as ATM stated they do recognize Utah. I use my Florida license when carrying in Ohio when I have to drive across to see my brother in Pittsburgh.

    In Illinois, do not carry. Drive around it or comply with the FOPA provisions in federal law.

    I travel to other states quite often, I take it there is no "Federal Permit" to carry anywhere is there??
    Big, no, you do here about it from the gun shop commandos but they mean either law enforcement or state reciprocity.

    Which states to you travel to? I cannot recommend a Utah and Florida license enough. They will save you many headaches.

    There have been several attempts to expand national reciprocity (HB 1243, inter alia) and with the composition of the new House we may have a shot. See what happens and write your Congressman and Senators.
     
    Top Bottom