Did Law Change? Unreal incident at clinic...

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  • b0r0b

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    May 28, 2010
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    So for the last few days my son has had a bad rash..not diaper or anything but more like allergic reaction or skin problem. It started to crawl up his face and it looked real bad, so my wife suggested we run to the clinic to check it out. We get to the clinic and I am OC'ing my G30 like I have EVERYWHERE since I've owned a handgun. About 3 minutes into sitting there a lady behind me goes, "sir, why are you packing? You a cop?" I replied "Nope." She says "You a detective?".....I replied "nope..." she goes "Just packin for your own protection?" I said "Yeah..don't want to get shot at McDonalds..." (Someone was shot at 6 times at a McDonalds here a few weeks ago in the drive thru). I said "You don't carry?" she said "No, maybe I should" and the conversation was over.

    About 10 minutes after I got done speaking to that lady, just sitting there with my wife and 2 kids, the door to the doctors room opens and 2 police officers (one of which I know) come storming through the door with hands on weapons and grab a hold of me. I said "whoa whoa, what's the problem?" as the officer I know took my pistol out of my holster and dropped the mag. I said "Really Officer Black? In front of my kids like this?". They took me to an empty exam room and started talking to me.

    Officer: "First of all, take your sunglasses off, we're inside".. (not really sure who makes these rules but whatever)
    Me: "No problem, I don't understand what's going on here".
    Officer: "We received a call that you took your gun from your holster and said you don't want to be shot at a mcdonalds.."
    Me: "This weapon has not left this holster all day."
    Officer: "Do you have your permit on you?"
    Me: "Yes".

    I hand him my permit and he brings it to another officer and another comes in the room. Might I add that SEVEN (7) officers responded to this call.

    Officer 2: "Is this your current address?"
    Me: "No, I moved from there in november to a bigger apartment 30 feet away, the address is 3 digits different."
    Officer 2: "Do you understand you have to report changes of address for this permit?"
    Me: "Yes, and I did."
    Officer 2: "NO YOU DIDN'T! READ THE PERMIT, THAT IS NOT YOUR CURRENT ADDRESS!"
    Me: "I am not required to obtain another license, I am only required to report my address change."
    Officer 2: "I HAVE HAD ONE OF THESE BEFORE AND YOU HAVE TO GET A NEW PERMIT"
    Me: "Ok".

    At this point the only REAL thing they have on me is I haven't gone to the BMV to change my actual driver's license over to my new address, so my License and LTCH address match, but I live a few numbers away. He proceeds to tell me I did not report my change of address, so he calls it over the radio and I hear them come back with my current address.

    Me: "I told you I changed my address, you are not required to get another license"

    He leaves the room, the officer I am familiar with comes back in and I say "Look, obviously there is some sort of misunderstanding...." and the Sergeant cuts me off and says "NO YOU LOOK, YOUR CARRYING YOUR GUN OUT IN THE OPEN WHEN THIS IS A CONCEALED CARRY PERMIT, YOUR ADDRESS IS INCORRECT AND WE'RE GONNA HAVE THIS TAKEN FROM YOU".

    I don't reply at all since I really have nothing to say at this point. All of the officers said the license was a permit and that I must carry concealed..did something change recently that I am not aware of?

    At this point I hear them asking the staff if weapons are allowed on the property. There is no sign that says weapons are prohibited or I would have adjusted accordingly. The officer says that weapons are not allowed on property and we reaffirmed the fact that there were no signs stating so. The officer then asks the staff if I can put my weapon in my car and come back in and they said no, I have to take my weapon all the way home and disarm myself and then retrieve my family.

    They walk me out to my car and it's the officer I am familiar with and another one who's name I didn't catch. He lectures me on this being a concealed carry permit and that I am not tactical carrying it like this. I said look, either I am misunderstood or you are, but this is a license to carry a handgun and the law does not stipulate whether or not it has to be concealed. He said since I am questioning his knowledge on the subject that I should "go home and google it..ya know, on your computer?" and you should research the law.

    Do I feel they had a right to disarm me? Sort of..but all of the people in the clinic told my wife this was ridiculous and they had no problems. I told the officers I am in college for criminal justice..why would I waste my time and money going to school to wave my gun around out of it's holster? The one officer condescendingly replies "Just because you're in school doesn't mean anything.."

    Fair enough, I thought to myself, but it's the principle. I haven't been on the forums in a while, but did the law change? At the very least do I need to let someone know their officers need training or maybe I need to check daily on the status of the law? Unbelievable.
     
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    9mmfan

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    Obvious it is the police that need "schooling" on Indiana law. Very uncool of those cops.
     
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    jblomenberg16

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    Now that the info is there...seems like someone overheard your conversation from earlier, freaked out, and called the police. My guess is that since there was a recent shooting at McDonalds (as you mentioned) the local LEOs weren't going to take any chances.

    As far as law changes, you don't have to conceal. As you stated, it is a license to carry handgun, and does not state how it must be carried. OC and CC are both 100% legal. As far as not having it on the clinic property, their rules can state "no weapons" and they can ask you to leave. If you don't, you could be cited for tresspassing.
     
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    techres

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    I am guessing a sign + carry = tresspass discussion.

    Or

    Gunowner + Meds = removal of LTCH/Guns

    We will see....
     

    KG1

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    I agree with your assessment. It is absolutely stupid.
     

    b0r0b

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    Nope no change in the law, oc or cc is up to you. The cop should heed his own advice and Google it.

    Was assuming so. Rally at the clinic until signs get posted? I mean holy christ that many cops, in front of my kids..and I dont wanna hear the whole "thats what happens with OC blah blah ****" I was not "looking" for this. I am supposed to have a right to carry it the way I want to regardless of anyones opinion on the matter.
     

    KG1

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    That whole situation sounds like a big mess of fail. As far as I know your understanding of an LTCH is spot on. Nothing has changed. Did they take your "permit" or might you be looking forward to a letter of revocation comming in the mail?
     

    b0r0b

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    That whole situation sounds like a big mess of fail. As far as I know your understanding of an LTCH is spot on. Nothing has changed. Did they take your "permit" or might you be looking forward to a letter of revocation comming in the mail?

    Nah, the officer I know gave everything back. One of the officers did my tint on my car (which is an illegal %, btw in my town) and I think they just wanted to walk away without me having to call anyone. He told me if he sees me carrying open he will take my "permit".
     

    Andy219

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    Was assuming so. Rally at the clinic until signs get posted? I mean holy christ that many cops, in front of my kids..and I dont wanna hear the whole "thats what happens with OC blah blah ****" I was not "looking" for this. I am supposed to have a right to carry it the way I want to regardless of anyones opinion on the matter.

    You wouldn't hear any anti OC from me. I CC'd only twice and that was for a wake and funeral. Other than that I OC everywhere. You were in the right the cops were in the wrong. Time to draft a letter of complaint and send it to the Chief. Maybe even a chat with the chief and formal complaint is in order.
     

    esrice

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    I'd be scheduling an appointment with the highest ranking police official in your jurisdiction. That's absolutely ridiculous.
     

    KG1

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    And you are also correct that all you are required to do is notify ISP about an address change and it is up to you whether or not you wanna pay a fee to have a new LTCH issued to reflect the change but it's not mandatory.
     

    techres

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    1. You were right in spirit and 99% of letter.
    2. I doubt the change of address will kill your LTCH.
    3. Yep, time to do some education.
    4. On the down side, I bet you WILL see a sign at the clinic soon. They will not want the ruckus and the ruckus makers will actually blame you for it.
    5. The battle is generational. I.E. Those who take lumps for carry now may, MAY, be changing the future norms for those to follow. If you are right, we will owe you all a HUGE thanks.

    Take proactive steps first. It will help you fix the educational issue as well as possibly help avoid a weaker legal standing if there is a legal issue to come.
     

    b0r0b

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    And you are also correct that all you are required to do is notify ISP about an address change and it is up to you to pay I beleve a $25 fee to have a new LTCH issued to reflect the change but it's not mandatory.

    Yep. I am pretty sure I am in the wrong for my drivers license not being correct, but I live 30 feet away and it's just not on my list of things to do (standing at the bmv with all those hateful employees)

    I wanted to verify their officers needed training before I made an ass of myself. I will be contacting whoever I can tomorrow.
     

    Hoosierdood

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    I'd be scheduling an appointment with the highest ranking police official in your jurisdiction. That's absolutely ridiculous.

    ^^^ THIS ^^^


    You need to take this to whomever is in charge. The officer's behavior was not only ridiculous, but it was also incredibly unprofessional. They need to Google the law. The officer may not agree with open carry, and that is his right to have that personal opinion. However, when he puts on a uniform and a badge, and begins asserting his opinions under the force of law, he is in gross violation of his duties as a sworn officer. I would be steamed!!!
     
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