2014 Legislative session

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    Bill of Rights

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    Where's the bacon?
    Good points all. While there is no crime of "brandishing" in Indiana, there is pointing a firearm, which, as long as it is not pointed at someone, is not a crime. Someone knocking on my door with a carbine at low ready, or a handgun pointed upward, or other similar position will likely be met with the same, if he is met at all. Could this result in gunfire? Of course it could, and the point could be made that such a person was given the opportunity to holster his sidearm or sling his carbine, and did not do so. The IC does include code related to the crime of battery, and if I recall, "attempted" is included as well. (Battery as opposed to "assault" or ADW, as present in other states' codes. (No, Kirk, your First Law does not apply here! :):))

    What I'm getting at with the line that you quoted is to get away from the mere possession of an object being grounds for charges that can result in what is nothing short of the destruction of a person's life, reputation, and livelihood. If a man's intentional actions cause death, injury, or loss of property of another, he should be responsible for those actions under the law. I thought that was clear from my post, but perhaps not. I also don't work for LSA, so my ability to draft a law that addresses all or even most possible ramifications is not as well practiced as it might be if I did. (of course, considering the recodification mess in re: the roaming school zone, perhaps mine isn't so bad after all!)

    Blessings,
    Bill

    I know that the "brandishing" part can be stretched quite a bit to antagonize someone doing nothing wrong other than being in mere possession of a firearm, but wouldn't this exempt malicious use of firearms without harm (yet). An example would be someone knocking on your door with a carbine in the low ready, or waving it at you and yours. Certainly nothing good can come of either, and could quite possibly result in shots fired (in either direction). If you felt you were about to be shot, and took out the antagonist, the prosecutor would have the ability to point out that they weren't doing anything illegal.
     

    Bill of Rights

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    Sure. The members of the General Assembly (our State Legislature) last year past a sweeping new law that redefines many points we've come to know in the law. I can't give you a full rundown on it, but among other things, instead of us having a class A, B, C, or D felony on the books, we will now have a Class 1, 2, 3, 4, 5, or 6 felony to speak of.

    Hope that helps!

    Blessings,
    Bill

    I've seen the term "recodification" several times, could someone elighten me as to what it means?
     

    Bill of Rights

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    I just got a contact back from my source in Indy.

    Last year, we got stymied by the whole Sandy Hook (Sandy Hoax?) mess, and some were unwilling to try to expand gun rights in the aftermath of that debacle. Among those who was reticent was Rep. Bill Davis, who chaired the House Public Policy committee. A couple of good bills were presented to his committee, but he declined to hear them at all, and as committee chairman, he has that authority.
    One bit of good news is that he is no longer the chair of that committee. He has apparently moved on, elsewhere in government. His replacement has not yet been named, and apparently, no one is talking about who it might be. I have my hopes that it will be a person of strong libertarian beliefs (note the small L, it is intentional)

    Further than that, I'm not sure. I do know that one thing that's been discussed is fixing the roaming school zone that we fixed last year, but that recodification messed up due to LSA's inattention to where the bills were going. I hasten to add that I don't fault them... there are a LOT of bills and which ones cover what can be missed... They are, after all, only human.

    One thing my contact stressed heavily is that positive, polite, tactful messages, delivered either by snail mail, email, or phone, do go a very long way. While your own representatives and senators should, of course, be contacted, don't forget to contact Speaker Brian Bosma and Senator (and President Pro Tempore) David Long to ask that they give our RKBA bills a fair hearing and a solid chance to pass on their own merits. The Sandy Hook thing hit hard last year, and without the knowledge that the people are behind them, they can fall prey to artifices and stratagems like that. Too, we all know how easy it is for some nut to start taking lives... It seems to happen just before every legislative session. Coincidence? Maybe. I'll leave that for individuals to decide.

    In the meantime, I'm going to ask that everyone make those contacts ASAP.

    Blessings,
    Bill
     

    jrogers

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    I'd really like to see the elimination of the prohibition of carry in a facility that contains a licensed day care center. Eliminating all GFZs seems like an ambitious goal, but removal of the ones that are difficult to comply with would be a good start. It would be nice to be able to go places without having to research the legality of carrying there first, as was the case when I wanted to take my kid to the Indianapolis Children's Museum.
     

    kludge

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    Good points all. While there is no crime of "brandishing" in Indiana, there is pointing a firearm, which, as long as it is not pointed at someone, is not a crime. Someone knocking on my door with a carbine at low ready, or a handgun pointed upward, or other similar position will likely be met with the same, if he is met at all. <snip>
    Blessings,
    Bill

    "Intimidation" covers what most states consider "Brandishing."

    What we need, since our "illustrious" state supreme court last year saw it fit to invent the law that merely pointing and not actually firing a gun at person constitutes "deadly force", we need to codify that it indeed does not!
     

    Bill of Rights

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    I have just received word from the State House that the new chair of the Public Policy committee, replacing Rep. Bill Davis, is Rep. Thomas Dermody, who I am told is very strongly pro-gun rights. This should be a good thing for "our side".

    I have also been asked to remind INGOers that POLITE letters, emails, and phone calls to our elected representatives, most especially to Senator David Long and Speaker Brian Bosma, go a very long way in persuading them to vote in our favor. I've sent my letters to them and to my senator and Rep. Dermody as well and attempted to send one to my representative, who, unfortunately, is a member of the "Democratic" party. Alas, when I attempted to access "indianahousedemocrats dot org", my virus scanner popped up to warn me of a Trojan Horse embedded in that page, which is why I've not linked anyone to it.

    So... Let's get those letters written, but be safe in doing so.

    Blessings,
    Bill
     

    Mgderf

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    ...Alas, when I attempted to access "indianahousedemocrats dot org", my virus scanner popped up to warn me of a Trojan Horse embedded in that page...

    I would not open the link below.

    Must be the same people running [noparse]www.healthcare.gov[/noparse]
     
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    Trigger Time

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    Sent some more emails. Not much activity in this thread. I truly hope the thousands of members we have realize this is our chance to get our rights restored! Don't whine about it if you haven't tried to get it changed. Writing a couple free emails or letters is the easiest and most basic example to use of your right to free speech and also holding your elected reps accountable to their oath to the constitution.
     
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    GodFearinGunTotin

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    Mitchell
    Sent some more emails. Not much activity in this thread. I truly hope the thousands of members we have realize this is our chance to get our rights restored! Don't whine about it if you haven't tried to get it changed. Writing a couple free emails or letters is the easiest and most basic example to use of your right to free speech and also holding your elected reps accountable to their oath to the constitution.

    Maybe we should start a conversation on the types of changes we, as a group of gun owners, believe need to be changed and have a reasonable likelihood of passing.

    LTCHer's allowed to carry on school property? I'd like to see that but is the political landscape condusive for spending political capital on instead of something else? Same way with "constitutional carry".

    I'm just looking for ideas.
     

    Trigger Time

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    Constitutional carry - the abolishment of the requirement to purchase an LTCH from the state in order to exercise a natural right.

    legal carry in schools and on property - not likely but it should happen.

    legally stow a gun in vehicle while at a school or school function - the ability to leave your firearm secured in your vehicle while visiting or working at the school.

    Ability to own an SBS (short barreled shotgun)


    this is what I would like to see this year. Ltch done away with most of all!
     

    GodFearinGunTotin

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    Constitutional carry - the abolishment of the requirement to purchase an LTCH from the state in order to exercise a natural right.

    legal carry in schools and on property - not likely but it should happen.

    legally stow a gun in vehicle while at a school or school function - the ability to leave your firearm secured in your vehicle while visiting or working at the school.

    Ability to own an SBS (short barreled shotgun)


    this is what I would like to see this year. Ltch done away with most of all!

    Yeah I forgot about those last two ideas. I'd think they would be the most reasonable reverse-progressivism ideas we could get--that I can think of.
     

    Trigger Time

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    I just hope the legislators do what's right according to the constitution rather than worrying about political Capitol Ect. They should do what's right because it's right and not to get something out of it. That's the definition of public service. And the difference between it and SELF service
     

    GodFearinGunTotin

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    It would be nice, wouldn't it? Unfortunately, they are not the only side that gets to vote and they cannot ignore the political realities of the situation. Now that Sandy Hook is fading from peoples' memories, we can get them to lean back into it a bit more this year.
     
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