Dennys Not So Great

[wanakanabe]

Trying to eat at Denny's in Gary.Officer comes up and asks for my permit.I just say, OK but you really can't do that.he informs me he is an officer and sure can.I said I had no problem showing him my liscense and I did say he was violating my rights as I got it out.I hit record on my phone.he continued to lecture me.left and came back with 6 swat guys he was ith and told me management wanted me out.so I said OK.he continued to tell me I was wrong,threatening to arrest me.calling me Perry mason.he basically said they would find a way to arrest me if I did not cove it up.at this point I was pretty beat down.covered it and left.they followed me for several miles.

 

[strahd71]

yea alot of folks were all thrilled with the commercial...... it never said they were pro 2nd ammendment or come one in and bring your gun............

sorry about your experience tho i'm sure you were a danger eating your moon over mihammie

jake

 

[Scutter01]

How was he violating your rights? Carrying a firearm in Indiana is a crime (generally speaking). A positive defense against the charge is the possession of a valid LTCH. As a police officer, he has the right to investigate a supposed crime in progress.

 

[Scutter01]

IC 35-47-2-1
Carrying a handgun without a license or by a person convicted of domestic battery; exceptions
Sec. 1. (a) Except as provided in subsections (b) and (c) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body without being licensed under this chapter to carry a handgun.

IC 35-47-2-23
Violations; classes of misdemeanors and felonies
Sec. 23. (a) A person who violates section 3, 4, 5, 14, 15, or 16 of this chapter commits a Class B misdemeanor.
(b) A person who violates section 7, 17, or 18 of this chapter commits a Class C felony.
(c) A person who violates section 1 of this chapter commits a Class A misdemeanor. However, the offense is a Class C felony:
(1) if the offense is committed:
(A) on or in school property;
(B) within one thousand (1,000) feet of school property; or
(C) on a school bus; or

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.

 

[strahd71]

How was he violating your rights? Carrying a firearm in Indiana is a crime (generally speaking). A positive defense against the charge is the possession of a valid LTCH. As a police officer, he has the right to investigate a supposed crime in progress.

the food at dennys is generally a crime............

jake

 

[bobbittle]

How are your rights being violated when the officer asks to see your LTCH?

 

[strahd71]

How was he violating your rights? Carrying a firearm in Indiana is a crime (generally speaking). A positive defense against the charge is the possession of a valid LTCH. As a police officer, he has the right to investigate a supposed crime in progress.

How are your rights being violated when the officer asks to see your LTCH?

i guess cause you shouldnt need a ltch to carry a gun?

jake

 

[Scutter01]

I would say that if you have a recording of him telling you to "cover it up or they would find a way to arrest you", then you should absolutely file a complaint with the department. However, merely asking to see your license is not a violation of your rights.

 

[MrsGungho]

i guess cause you shouldnt need a ltch to carry a gun?

jake

I think everyone here will agree with you on that. However we need a LTCH to carry so it was not an infringement for them to ask

 

[Scutter01]

i guess cause you shouldnt need a ltch to carry a gun?

jake

I agree, but at this moment, that's the way the law reads. So, you either refuse to move to the back of the bus so it eventually goes to court, or you work through your legislators to change the law. The OP is doing neither.

 

[Booya]

Trying to eat at Denny's in Gary.Officer comes up and asks for my permit.I just say, OK but you really can't do that.he informs me he is an officer and sure can.I said I had no problem showing him my liscense and I did say he was violating my rights as I got it out.I hit record on my phone.he continued to lecture me.left and came back with 6 swat guys he was ith and told me management wanted me out.so I said OK.he continued to tell me I was wrong,threatening to arrest me.calling me Perry mason.he basically said they would find a way to arrest me if I did not cove it up.at this point I was pretty beat down.covered it and left.they followed me for several miles.

If you intend to argue or publicly accuse someone of being wrong (Especially Law Enforcement) please make sure you are correct first. In this case you were not. Good initiate, bad judgement. Make sure you know your rights before you try to defend them!

 

[strahd71]

I think everyone here will agree with you on that. However we need a LTCH to carry so it was not an infringement for them to ask

I agree, but at this moment, that's the way the law reads. So, you either refuse to move to the back of the bus so it eventually goes to court, or you work through your legislators to change the law. The OP is doing neither.

cool were in agreement then

jake

 

[strahd71]

If you intend to argue or publicly accuse someone of being wrong (Especially Law Enforcement) please make sure you are correct first. In this case you were not. Good initiate, bad judgement. Make sure you know your rights before you try to defend them!

that and pick smart battles too.

jake

 

[MrsGungho]

cool were in agreement then

jake

that's unusual in here

 

[2ADMNLOVER]

that's unusual in here

Um , I disagree .

 

[indyjoe]

Once you show the officer your LTCH and the questioning about the firearm continues, then you can claim your rights are being violated.

We are not a constitutional open carry state.

 

[strahd71]

Once you show the officer your LTCH and the questioning about the firearm continues, then you can claim your rights are being violated.

We are not a constitutional open carry state.

wonder how we could change that?

jake

 

[strahd71]

that's unusual in here

it is rare isnt it

jake

 

[Ted]

Its a Denny's in Gary, Indiana

Its not really in Indiana, but rather a suburb of Chicago.

 

[joshualee49]

That sheds some more light on it. Gary is one of the most crime filled cities in the state. I imagine the officers there would be a bit more on edge than normal...

It doesn't make it right for them to threaten to find a way to arrest you, but it perhaps tempers the argument a little...