Anyone here Open Carry in Indiana?

[Kirk Freeman]

Paul, after WWII Southern immigration in Indiana brought many cultural conflicts to the factory towns of Indiana (old joke: the 3 Rs in Kentucky are reading, writing and Route 31 North). Fighting, drinking, and vandalism were all common complaints (read the first chapter of Thomas Sowell's Black Rednecks and White Liberals, the opening letter is from Indianapolis).

In response Speedway passed the anti-concealment ordinance in order to combat what was seen as Southern immigrant drunkeness, brawling and lawlessness. The Speedway ordinance is so old that it survived Indiana preemption law which was written to ensure that the city anti-gun ordinances in African-American cities (e.g. Gary) survived.

 

[rhino]

I open carried in Lewisport, KY yesterday. No problems!

 

[rhino]

Well now that I've learned it is a crime to CC here in my hometown... I'll be OC'n as long as I'm inside Speedway, then pulling my shirt over rest of the time.

Given your ongoing, stated objections to open carry, why would you choose to obey an obscure local ordinance (one that is rarely if ever enforced, in fact) if it would make you a primary target to kill first during a violent crime? That doesn't make a lot of sense to me, but I may be missing something.

 

[Paul]

Paul, after WWII Southern immigration in Indiana brought many cultural conflicts to the factory towns of Indiana (old joke: the 3 Rs in Kentucky are reading, writing and Route 31 North). Fighting, drinking, and vandalism were all common complaints (read the first chapter of Thomas Sowell's Black Rednecks and White Liberals, the opening letter is from Indianapolis).

In response Speedway passed the anti-concealment ordinance in order to combat what was seen as Southern immigrant drunkeness, brawling and lawlessness. The Speedway ordinance is so old that it survived Indiana preemption law which was written to ensure that the city anti-gun ordinances in African-American cities (e.g. Gary) survived.

Good to know since i travel through speedway 5 days a week. I have also concealed carried in Speedway, what kind of legal problems would you face if an officer knew you were CC?

 

[ryanmercer]

Given your ongoing, stated objections to open carry, why would you choose to obey an obscure local ordinance (one that is rarely if ever enforced, in fact) if it would make you a primary target to kill first during a violent crime? That doesn't make a lot of sense to me, but I may be missing something.

Because, it is the law... they can confiscate my firearms and arrest me.

 

[ryanmercer]

Good to know since i travel through speedway 5 days a week. I have also concealed carried in Speedway, what kind of legal problems would you face if an officer knew you were CC?

"9.08.050 Firearm impoundment--Evidence.
Any firearm used in violation of this chapter may be seized and impounded by the town marshal to be used as evidence in prosecuting the person violating this chapter. (Ord. 358 § 5, 1966)."

So... I suspect they could arrest you and impound your weapon at minimum.

 

[Paul]

"9.08.050 Firearm impoundment--Evidence.
Any firearm used in violation of this chapter may be seized and impounded by the town marshal to be used as evidence in prosecuting the person violating this chapter. (Ord. 358 § 5, 1966)."

So... I suspect they could arrest you and impound your weapon at minimum.

Thats so stupid, how the **** are normal people suppose to know a random law like that....

 

[rhino]

Because, it is the law... they can confiscate my firearms and arrest me.

I'm just trying to understand your rationale.

So obeying this ordinance, which probably will never be enforced, is more important to you than your concerns that you will be targeted first during a violent crime?

You seemed very concerned about being targeted if you carried openly earlier in this topic. It's odd to me that you would put an archaic local ordiance at a higher priority than your perceptions of your own safety.

Does that mean that you don't really see open carry as a "probable" reason you'd be selectively targeted and killed, or that you place the laws that far above your personal safety? Or, along the lines of the latter, do you equate "legal" with "right" and "illegal" with "wrong"?

 

[pmpmstrb]

Be careful because this is on the books too

Sec. 54-61. Throwing objects across streets, alleys, sidewalks and other public places.

It shall be unlawful for any person to throw any snowball, stone or other hard substance, or any other missile along, across or over any street, alley, sidewalk or other public place within the limits of the city.

(Code 1974, � 18-2)

 

[ryanmercer]

I'm just trying to understand your rationale.

So obeying this ordinance, which probably will never be enforced, is more important to you than your concerns that you will be targeted first during a violent crime?

You seemed very concerned about being targeted if you carried openly earlier in this topic. It's odd to me that you would put an archaic local ordiance at a higher priority than your perceptions of your own safety.

Does that mean that you don't really see open carry as a "probable" reason you'd be selectively targeted and killed, or that you place the laws that far above your personal safety? Or, along the lines of the latter, do you equate "legal" with "right" and "illegal" with "wrong"?

]

It is the LAW, it doesn't matter if it is enforced or not. Laws are laws, even if they are stupid, they are there, you follow them. I'm from a law-enforcement family, I was raised to obey and follow laws, not to ignore them because I don't agree with them. End of discussion.

 

[Prometheus]

]

It is the LAW, it doesn't matter if it is enforced or not. Laws are laws, even if they are stupid, they are there, you follow them. I'm from a law-enforcement family, I was raised to obey and follow laws, not to ignore them because I don't agree with them. End of discussion.

Marbury vs Madison USSC Decision:
"[FONT=Arial,Helvetica][SIZE=-1]an act of the legislature, repugnant to the constitution, is void."

If they make a law saying on your next birthday you should put a bullet in your head will you? I assume you would, because it is "the law".

[/SIZE][/FONT]

 

[ryanmercer]

Marbury vs Madison USSC Decision:
"[FONT=Arial,Helvetica][SIZE=-1]an act of the legislature, repugnant to the constitution, is void."

If they make a law saying on your next birthday you should put a bullet in your head will you? I assume you would, because it is "the law".

[/SIZE][/FONT]

A law, regarding firearms, which could result in my losing of the right to bear arms... is a law I'm going to follow. Period. I imagine you have a permit yes? Well why, I mean... in your eyes aren't gun laws stupid, shouldn't you just be able to carry a gun without that piece of paper? No, you have it because you follow that law, just as I will not concealed carry in Speedway because it isn't legal.

 

[techres]

Nope. I just learned that at this thread -> https://www.indianagunowners.com/fo...rictions_and_other_cities_any_off_limits.html

See Speedway, IN Municipal Code
"9.08.020 Concealed unlawful. It is unlawful for any individual to carry a concealed firearm within the town limits. (Ord. 358 § 2, 1966)."

To my knowledge State law trumps municiple code within Indiana. In the 80's home rule was passed to fix BS problems like this.

Review: Indiana Home Rule 1980

 

[ryanmercer]

To my knowledge home rule trumps. State law trumps municiple code within Indiana. In the 80's home rule was passed to fix BS problems like this.

Review: Indiana Home Rule 1980

Hrmm I think I'll just play it safe and not CC in town... but usually if I leave the house... it's not to do something here in Speedway anyway, so it won't be an issue that often... except maybe to get gas, and standing outside of my vehicle (I pay at the pump) I'm not too worried about someone seeing my gun and flipping out, chances are they won't even see it unless they are at the next pump. I need to just call down there tomorrow and ask them.

 

[Soundslikejosh]

]

It is the LAW, it doesn't matter if it is enforced or not. Laws are laws, even if they are stupid, they are there, you follow them. I'm from a law-enforcement family, I was raised to obey and follow laws, not to ignore them because I don't agree with them. End of discussion.

I am from a thinking family. I was raised to use common sense and not be pushed around. I don't mean to blast you ryan, but I dont think this will hold water. I know from your later post that you refine this to be limited to guns, so my tirade into speed limits, etc you effectively stopped. Nevertheless, I abide by the idea that its only illegal if you get caught. I guess I just dont understand what the concern is. You use an obscure law to limit yourself further, in a scenario that is exceedingly unlikely. How many Speedway LEO s are aware of this code you reference? Further, being down with the CC method, what the hell does it matter anyway? I just cant subscribe to the idea that in the rest of the state you are following the law but cross an imaginary line in the asphalt and you are a criminal. Keep to yourself and move on with life. Honestly though, I am not telling you what to do. I personally don't care. If it makes you feel better or more law-abiding, I respect your decision. However, I just think it makes more sense to apply logic and consider the odds.

 

[rhino]

Given the chances of a socialist-statist president elect, plus a Congress dominated by socialist-statists, what if they passed a law in 2009 requiring 100% gun registration? Would ryanmercer dutifully obey because it's the law?

What happens in 2010 if they subsequently make private ownership of firearms illegal and mandate surrendering all firearms for confiscation and destruction?

Some may dismiss such hypotheticals as being too close to a classic "reductio ad absurdum" to be meaningful, but I think they illustrate an important point. I don't advocate breaking any laws, but I maintain that "legal" is not synonymous with "right" or "just," nor is "illegal" the same "wrong" or "unjust." There may come a time in life when any of us has to decide between obeying the law and doing the right thing. I recommend being ready to make the choice as well as ready to accept the consequences of that choice.

 

[ryanmercer]

I am from a thinking family. I was raised to use common sense and not be pushed around. I don't mean to blast you ryan, but I dont think this will hold water. I know from your later post that you refine this to be limited to guns, so my tirade into speed limits, etc you effectively stopped. Nevertheless, I abide by the idea that its only illegal if you get caught. I guess I just dont understand what the concern is. You use an obscure law to limit yourself further, in a scenario that is exceedingly unlikely. How many Speedway LEO s are aware of this code you reference? Further, being down with the CC method, what the hell does it matter anyway? I just cant subscribe to the idea that in the rest of the state you are following the law but cross an imaginary line in the asphalt and you are a criminal. Keep to yourself and move on with life. Honestly though, I am not telling you what to do. I personally don't care. If it makes you feel better or more law-abiding, I respect your decision. However, I just think it makes more sense to apply logic and consider the odds.

Speedway has recently hired two code enforcement officers, and began making sure every person on the department knows the code inside and out so they can fine people left and right... since this is part of the codes they are enforcing, I'm sure most if not all of them know of it.

 

[HiRoller]

I open carry when I think it will have the most benifit. I happen to live in a terrible neighborhood on the near east side of Indy. If i'm cutting the grass, fiddlein' around with my car or motorcycle I wear my paddle holster with thumb brake. (Don't want to really pratice gross motor skills or gun retention) I hear "Oooo..... he got a gun" as people walk by most of the time. This lends me to believe that word gets around "this dudes packin' " and gives me peace of mind while i'm out of the house. Every now and then someone will strike up a conversation and ask if i'm a LEO. I respond "no" and continue on past that thought. If it goes deeper I use the "Because I can" and explain I carry a gun for the same reason you might carry insurance. In case of an accident. I have a permit and a clean record and that they should carry one too, if your leagal. You would be suprised how much people divulge after that statement.
I don't carry openly when i'm at the store or the mall things like that. Too much chance of a misconception. I have never heard " Who's the guy over there with the .357 with + P 's in his pocket" It feels good and i'm usually more friendly to strangers or groups when i'm concealed. I guess you have to know what's right for you. It often sets the tone of the day, all of us could use a little less stress in our lives.

 

[SilentWarrior1]

I suppose that it depends on the mood for me. I ALWAYS open carry in or around the home. If I'm walking to the trash to the compactor, or taking a load of laundry to the laundromat, I open carry. If I go to a gun store, or go to my parents house, or something.. I open carry. If the Mrs and I go out on a date, or go to the store, I CC. I don't hide the fact that I carry a weapon. People should be aware of the laws and aware of their rights.

The old addage, "Just because you can, doesn't mean you should" may not be as prudent here. It should be, "You should because you can, because some people believe you shouldn't."

 

[rhino]

I carried openly in Bloomington today.