Called out for the first time

[rafterman191]

Keyboard unjammed

This post was worth breaking my many month silence on the boards. Good for you!!

 

[Roadie]

Ack, double tap, sorry ;-)

 

[Roadie]

And don't forget the "wrongful death" civil suit that you can lose even if the prosecutor decides that you shouldn't be charged with a crime!

Found it!

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

(emphasis mine)

So, IANAL, but the way I read it is if you are justified in using force, and that is held up in court, ie no criminal charges, then you cannot be held liable in ANY way including civil.

 

[SavageEagle]

Found it!

(emphasis mine)

So, IANAL, but the way I read it is if you are justified in using force, and that is held up in court, ie no criminal charges, then you cannot be held liable in ANY way including civil.

I would rep you, but I'm out. Someone rep this poor guy!

 

[Roadie]

I would rep you, but I'm out. Someone rep this poor guy!

No worries man. I KNEW it was there, so I got a little OCD and had to search until I found it

 

[rayf268]

Oh, come on now. Let's not start that again...

If the shoot is illegal then it might make it worse in some way if you're under the influence. OTOH, if the shoot is legal then the shoot is legal whether you're flat out drunk or completely sober. If you HAVE to use it then it would, by definition, be legal.

There is no provision in the law to make (otherwise legal) self-defense illegal if you've had a few drinks.

That all depends on the DA in the county you live in

 

[finity]

But that's true even if you weren't drinking.

Look, the best we, as mere mortals, can do is try to read & follow the law to the best of our ability. You can't control what anybody else does. If a rogue prosecutor wants to "make an example out of you" there's not a lot you can do.

The only other option is just lay down & take it when a BG wants to jack you up.

 

[$mooth]

To remedy my ignorance on this, If it wasn't the DJ but the owner (maybe the same person), would he be perfectly justified in asking you to leave based solely on the firearm?
I'm assuming a posted sign would be the same; he could make you go or call the cops as he has the right to refuse service to anyone.

 

[LPMan59]

I would rep you, but I'm out. Someone rep this poor guy!

got him!

 

[indoorsoccerfrea]

To remedy my ignorance on this, If it wasn't the DJ but the owner (maybe the same person), would he be perfectly justified in asking you to leave based solely on the firearm?
I'm assuming a posted sign would be the same; he could make you go or call the cops as he has the right to refuse service to anyone.

If the owner asks you to leave, then yes. You must leave or face potential trespassing charges. Signs have no force of law, so if there is a sign saying no firearms you can disregard it unless asked to leave. Obviously anywhere where it is illegal to carry the signs do need to be followed (schools, etc.)

 

[Greatestsin]

To remedy my ignorance on this, If it wasn't the DJ but the owner (maybe the same person), would he be perfectly justified in asking you to leave based solely on the firearm?
I'm assuming a posted sign would be the same; he could make you go or call the cops as he has the right to refuse service to anyone.

He does have that right, but he made it obvious that he assumed it was against the law and at the end of their convo never asked him to leave just walked away. When asked about a sign saying so, he used the 'law' to cover that gap, so i'm assuming he didn't have a sign. Where he to pursue it, he could have evicted him from the permises legally, as can any business thats wants to make a victim-rich enviroment.

 

[Atkinsons]

Well played!!!! You handled the situation very nicely. I believe I would have just walked over to my friends and said lets go and just left the bar. Be safe!

 

[Kingrat]

you went to bww and didnt invite me? geez man! us evansville peeps need to stick together! :P

 

[jedi]

Here is a write up for others to have on hand with FAQ when this occurs.

Does Indiana issue a firearm Permit or License?
Indiana Code (IC) 35-47-2-3 states "application for license to carry handgun" as such Indiana issues a license to carry handgun not a permit.

Where can I not carry a firearm in Indiana?
IC 34-28-7 states that a firearm cannot be carried:
- In or on school property [1]
- On a school bus
- Commerical/charter aircraft
- Controlled access area of airport
- During annual State Fair
- Shipping ports
- A riverboat casino

[1] IC 35-47-9-1 allows one to carry a firearm while in a vehicle that is transporting a person to/from school. You must remain in the vehicle.

Can I carry a firearm inside a bar?
Yes IC 34-28-7 does not list it as a prohibit place.

Can I drink alcohol and carry a gun?
Yes, Indiana Code is silent on this issue. This means there is no law.

If I am inside business "XYZ" and told I have to leave because I have a gun do I have to since that business is not listed on IC 35-47-9-1?
Yes becuase you are on private property (business "XYZ") and have been told to leave. If you refuse then you can be arrested for trespassing which is IC 35-43-2-2.

 

[rmabrey]

you went to bww and didnt invite me? geez man! us evansville peeps need to stick together! :P

I'll be sure to PM you next time I go! You'll be the guy with the gun right?

 

[SigSense]

Ignorant folk are everywhere, and they are the sheep. You handled with class.

 

[Eulogy32]

I salute you sir. Now there are 3 less people that need to be educated in this state.

 

[JusAdSumBellum]

Now, I said could. It all depends on your lawyer and the situation. Chances are the prosecutor will say that because you were drinking that your judgment was impaired and that you didn't HAVE to shoot him. If they make that argument successfully... It'll be bad one way or the other. I was just pointing out the worst possible scenario. It's why I carry only if I know I'm going to have a drink or two. Anything more than that, I'll leave it in the car and pray God watches over me just that much more.

quit praying, cary OC spray and dance on em.

Im the same, and if im going to have more than 2 drinks i just put my OC on my belt and rage on.

 

[JusAdSumBellum]

If the owner asks you to leave, then yes. You must leave or face potential trespassing charges. Signs have no force of law, so if there is a sign saying no firearms you can disregard it unless asked to leave. Obviously anywhere where it is illegal to carry the signs do need to be followed (schools, etc.)

Does anyone know about universities? Every time I hear of a university shooting I always think what would have happened if one of those students carried.

 

[jsgolfman]

In this context, universities are not defined as schools.