Charge of Disorderly Conduct / Disturbing the Peace

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  • Somemedic

    Sharpshooter
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    Im having a hard time locating it but I was under the impression that in a subsection of one of our IC codes one CANNOT be charged for either "disturbing the peace" or "disorderly conduct" simply by openly carrying with our LTCH.

    Am I wrong or is it in there someplace?
     

    Frank_N_Stein

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    Nov 24, 2008
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    Disorderly conduct is a charge related to fighting/tumultuous behavior or making unreasonable noise after being asked to stop. It has nothing to do with OCing.

    IC 35-45-1-3
    Disorderly conduct
    Sec. 3. (a) A person who recklessly, knowingly, or intentionally:
    (1) engages in fighting or in tumultuous conduct;
    (2) makes unreasonable noise and continues to do so after being asked to stop; or
    (3) disrupts a lawful assembly of persons;
    commits disorderly conduct, a Class B misdemeanor.
    (b) The offense described in subsection (a) is a Class D felony if it:
    (1) adversely affects airport security; and
    (2) is committed in an airport (as defined in IC 8-21-1-1) or on the premises of an airport, including in a parking area, a maintenance bay, or an aircraft hangar.
    (c) The offense described in subsection (a) is a Class D felony if it:

    (1) is committed within five hundred (500) feet of:
    (A) the location where a burial is being performed;
    (B) a funeral procession, if the person described in subsection (a) knows that the funeral procession is taking place; or
    (C) a building in which:
    (i) a funeral or memorial service; or
    (ii) the viewing of a deceased person;
    is being conducted; and
    (2) adversely affects the funeral, burial, viewing, funeral procession, or memorial service.
    As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.70; P.L.92-1988, SEC.8; P.L.123-2002, SEC.40; P.L.3-2006, SEC.1.
     

    Mark 1911

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    Im having a hard time locating it but I was under the impression that in a subsection of one of our IC codes one CANNOT be charged for either "disturbing the peace" or "disorderly conduct" simply by openly carrying with our LTCH.

    Am I wrong or is it in there someplace?

    How could you be charged with "disturbing the peace" or "disorderly conduct" for a legal activity?

    I see you are from NWI. Just curious if you were told that by an LEO in our neck of the woods that you could be charged as you mentioned for legal OC?
     

    Mark 1911

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    Man it would suck to live that close to the communistic state of IL that it bleeds over that much!

    I live about 5 blocks from the state line. It's really not that bad once you decide not to spend any money on the smelly side of the state line. We have plenty to choose from on our side. Besides, it's a good reminder for me to buy my beer on Saturday, like most other Hoosiers! Wish Indiana would repeal those antiquated blue laws.
     

    Ted

    Shooter
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    Mar 19, 2012
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    Im having a hard time locating it but I was under the impression that in a subsection of one of our IC codes one CANNOT be charged for either "disturbing the peace" or "disorderly conduct" simply by openly carrying with our LTCH.

    Am I wrong or is it in there someplace?

    One can or may be simply charged for anything.
     

    gvonpaul

    Plinker
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    Nov 18, 2011
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    Indianapolis
    I live about 5 blocks from the state line. It's really not that bad once you decide not to spend any money on the smelly side of the state line. We have plenty to choose from on our side. Besides, it's a good reminder for me to buy my beer on Saturday, like most other Hoosiers! Wish Indiana would repeal those antiquated blue laws.

    You can carry out beer from a brewpub on Sunday. Since you live in Munster, Three Floyd's would be my recommendation (lucky devil...).
     

    gvonpaul

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    Nov 18, 2011
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    Indianapolis
    :cheers:
    Yeah it's only if the beer in brewed onsite, but since Three Floyd's is so close...
    Seriously, I am jealous. We can't seem to find it ANYWHERE in Indy. Used to be no one had heard of it and it was easy to find. Now that they've all tried it, it's nowhere to be found.
    Sorry for the thread derail!
     

    rockhopper46038

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    May 4, 2010
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    Fishers
    :cheers:
    Yeah it's only if the beer in brewed onsite, but since Three Floyd's is so close...
    Seriously, I am jealous. We can't seem to find it ANYWHERE in Indy. Used to be no one had heard of it and it was easy to find. Now that they've all tried it, it's nowhere to be found.
    Sorry for the thread derail!

    Double thread jack, but Three Floyds is in quite a few places in Indy; you just gotta know where to look!
     

    actaeon277

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    No, I wasn't charged for anything (today).

    I briefly remember seeing it mentioned and wished to keep it in my notes app on my phone if I am ever stopped by LEO.

    I will have to look, when I'm at home, on my computrt.
    But I think you're looking for a court ruling, not an IC.
    Someone earlier posted a list of useful court rulings.
    I think CathyInBlue was one of the posters.
     

    Bill of Rights

    Cogito, ergo porto.
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    Where's the bacon?
    You might be thinking of Wisconsin. I seem to recall that in Madison and Milwaukee, police chiefs were talking about treating OCers as criminals, proning them out, etc., until lawful carry status could be confirmed. The AG gave an opinion that this was NOT DC. I'm not sure what (if any) effect this had on the police depts there, but that's what I recall.

    Blessings,
    Bill
     

    Somemedic

    Sharpshooter
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    I remember that thread too. Had a vid of some girl in a car and at some point she was getting arrested.

    No, I do recall a law, maybe not Indiana, but some state had written it in relating to carrying law.

    Im hoping Cathy comes along, she's a guru.
     

    Titanium_Frost

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    Feb 6, 2011
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    You might be thinking of Wisconsin. I seem to recall that in Madison and Milwaukee, police chiefs were talking about treating OCers as criminals, proning them out, etc., until lawful carry status could be confirmed. The AG gave an opinion that this was NOT DC. I'm not sure what (if any) effect this had on the police depts there, but that's what I recall.

    Blessings,
    Bill

    That was Philidelphia. Or at least Philly said that too.
     

    rooster

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    Mar 4, 2010
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    I have never looked too hard for a "disturbing the peace" statute because one of my college professors ( also a former conservation officer) said that it doesn't exist.:dunno:
     
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