First time I had to draw my handgun (in this state)

[Dirtebiker]

I'd argue on that one that the man was trespassing and if he wanted to really push it trying to break into the house...with that said similar situation happened to me in california except my door was kicked in and you can read the whole thread here...https://www.indianagunowners.com/fo...ul-next-time-you-think-indiana-laws-suck.html

Are we reading the same post?
his girlfriend OPENED the door!!!! NO trespassing! NO breaking and entering!

 

[A 7.62 Exodus]

How was the OP breaking the law?

 

[A 7.62 Exodus]

Are we reading the same post?
his girlfriend OPENED the door!!!! NO trespassing! NO breaking and entering!

I never looked at it like that! Excellent post!

 

[Jarhead77]

Not sure if srs?

As we were not there...the guy was on the OP's property is it really that clear cut? Not sure I'm in agreement is all. If the OP felt threatened and was acting to protect his girlfriend I'm not sure it's as clear as everyone is suggesting.

When the threat retreated (ceased) the OP did the right thing.

 

[A 7.62 Exodus]

As we were not there...the guy was on the OP's property is it really that clear cut? Not sure I'm in agreement is all. If the OP felt threatened and was acting to protect his girlfriend I'm not sure it's as clear as everyone is suggesting.

When the threat retreated (ceased) the OP did the right thing.

"Feeling" threatened and actually being threatened are two very, very different scenarios.

 

[Jarhead77]

"Feeling" threatened and actually being threatened are two very, very different scenarios.

Maybe, maybe not. That would be for a jury to decide. Just some fodder for thought....Odd that no one came and charged the OP after calling it in don't you think?

 

[armedindy]

Maybe, maybe not. That would be for a jury to decide. Just sime fodder for thought....Odd that no one came and charged the OP after calling it in don't you think?

yea, i gues theyve got a confirmed azzhat on this guys property, so they figure its not worth it to get mad at him..nevertheless, be a lil more gun shy op...it might save ur azs someday

 

[USMC-Johnson]

like i said...a lot is open to interpretation by the police and how the story is played out. the truth has less to do with it than makes me feel comfortable.


disclaimer for me i'm in for calling the cops and being ready from inside...i'd rather surprise than let him know i have a gun and now he knows where to get one.

 

[rockhopper46038]

Already been said. No reason to have opened the door.

 

[stephen87]

Make it stop! Make it stop!

OP, the line? You crossed it. I'd delete the post if I was you. That's CLEARLY breaking the law, as was pointed out. Depending on the coat style and size, my elbow sticks out like I'm "gripping a firearm."

Best bet is to call LE and let them handle it.

 

[Glock19]

I'd argue on that one that the man was trespassing and if he wanted to really push it trying to break into the house...with that said similar situation happened to me in california except my door was kicked in and you can read the whole thread here...https://www.indianagunowners.com/fo...ul-next-time-you-think-indiana-laws-suck.html

Tresspassing? Knocking on the door and greeted by the girlfriend.
Kicked in the door...knocked...
how are these situations similar at all?

 

[armedindy]

Already been said. No reason to have opened the door.

op didnt open it....and i doubt his GF frequents ingo....most ppl dont discuss things like thie site does

 

[Kutnupe14]

As we were not there...the guy was on the OP's property is it really that clear cut? Not sure I'm in agreement is all. If the OP felt threatened and was acting to protect his girlfriend I'm not sure it's as clear as everyone is suggesting.

When the threat retreated (ceased) the OP did the right thing.

Nope, we were not. We are just going by the story presented. The OP's girlfriend opened the door and was conversing with the man. Even if the OP thought his girlfriend was threatened, she apparently did not, so if he draws down on the guy, he's breaking the law. I know you Marines get certain liberties while in the sandbox, but the stuff don't fly back in the world.

 

[USMC-Johnson]

Tresspassing? Knocking on the door and greeted by the girlfriend.
Kicked in the door...knocked...
how are these situations similar at all?

guess i didnt paint the broad strokes on this one...or i was too broad...anyways i was giving poor justifications he could have said..excuses really if it came to that. i'm not saying its true or right.

 

[Kutnupe14]

Maybe, maybe not. That would be for a jury to decide. Just some fodder for thought....Odd that no one came and charged the OP after calling it in don't you think?

Not odd at all. OP said the victim was illegal. Illegal don't cotton to much interaction with LE.

 

[sig-guy]

****(b) A person who knowingly or intentionally points a firearm at another person commits a Class D felony. However, the offense is a Class A misdemeanor if the firearm was not loaded.
As added by P.L.296-1995, SEC.2.

Does somebody not know the rules?

"The gun is ALWAYS loaded"

 

[chezuki]

While I strongly believe that leaving the door closed would have been the smart choice, for everyone claiming he broke the law, I'll just leave this here:

IC 35-47-4-3 Version a
*****Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
****Sec. 3. (a) This section does not apply to a law enforcement officer who is acting within the scope of the law enforcement officer's official duties or to a person who is justified in using reasonable force against another person under:
********(1) IC*35-41-3-2; or
********(2) IC*35-41-3-3.
****(b) A person who knowingly or intentionally points a firearm at another person commits a Class D felony. However, the offense is a Class A misdemeanor if the firearm was not loaded.
As added by P.L.296-1995, SEC.2.

See below...

(e) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against any other person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect.

 

[armedindy]

IC 35-47-4-3 Version a
*****Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
****Sec. 3. (a) This section does not apply to a law enforcement officer who is acting within the scope of the law enforcement officer's official duties or to a person who is justified in using reasonable force against another person under:
********(1) IC*35-41-3-2; or
********(2) IC*35-41-3-3.
****(b) A person who knowingly or intentionally points a firearm at another person commits a Class D felony. However, the offense is a Class A misdemeanor if the firearm was not loaded.
As added by P.L.296-1995, SEC.2.

does that apply at the gunshow?...actually, i know it does.....dont point it at somebody, point it at the ground or something

 

[Dirtebiker]

As we were not there...the guy was on the OP's property is it really that clear cut? Not sure I'm in agreement is all. If the OP felt threatened and was acting to protect his girlfriend I'm not sure it's as clear as everyone is suggesting.

When the threat retreated (ceased) the OP did the right thing.

The op did almost NOTHING right!
first, he let his girlfriend answer the door! WTH?!
then he pointed a gun at the guy, and possibly (probably) his girlfriend too!
how do you figure he felt threatened? Because the guy had his hand in his pocket and was crying?

 

[Jack Burton]

paragraph markers are your friends...