Had a deputy sheriff bust my chops...

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  • pillsbury1983

    Plinker
    Rating - 100%
    2   0   0
    Dec 1, 2008
    97
    6
    Northern Indiana
    This must be a state wide problem. A friend and I had a disagreement on this subject. He said you could not carry open and I said he was wrong. I called the Elkhart County Sherrif Department and after tem minutes of hearing him say we recommend you carry concealed he finally admitted open carry was legal.

    Ah yes, the good old Elkhart County runaround. Glad I moved away. Who did you end up talking to?
     

    LawDog76

    Expert
    Rating - 100%
    1   0   0
    Jan 31, 2010
    779
    16
    Brownsburg
    So every think about sewing the Deputy personally for entrapment?

    Speedway City Ordnance 9.08.020 Concealed unlawful.

    It is unlawful for any individual to carry a concealed firearm within the town limits. (Ord. 358 § 2, 1966).

    Still on the books. Still enforceable.

    Maybe you that carry in the Speedway area should print out the Ordnance and hand it to the officer next time they challenge you for OC'ing.
    I have yet to have a problem OC'ing the Speedway area. Well I was in a gas station in the area and a Officer asked if I was going to the race carrying "that". I said nope and that was the end of that encounter.
     

    usaguy2006

    Plinker
    Rating - 100%
    2   0   0
    Jul 15, 2010
    92
    6
    Fort Wayne
    Im law abiding.. I dont get into trouble and have a good record. If a "law man" stopped me and accused me of breaking the law while i was doing nothing wrong and wasted my time doing all he did with you, i would MOST CERTAINLY turn him in. I mean if me, some 22 year old citizen knows this, then you would think a police officer would. I mean he has a gun right? Most people who deal with guns know gun laws. At least a law as common as that.

    I would have been angry at the fact he wasted my time..

    Wow, this did not even happen to me but it gets me stirred up thinking about. Sorry this kind fo thing takes place....
     

    Denny347

    Grandmaster
    Rating - 100%
    21   0   0
    Mar 18, 2008
    13,559
    149
    Napganistan
    Who is a Marion County Deputy now? I thought that IPD and the Sheriff's Deputies were merged into the IMPD. Was this guy a jailer??
    This is true. However, the employees left are SPECIAL deputies. They work the jail, CCB security, courtline security, FTA warrants, tax collections, jail wagon transportation, and sex offender registry. However, many of them have marked take-home vehicles (something rare for special deputies before the merger) and are encouraged to write traffic tickets and other street patrol duties. The Sheriff has been petitioning the state training board to certify the MCSD academy to allow the special deputies to become merit (what Anderson gave away with a smile 2 years ago). The state will not allow 2 certified academies in the same county (IMPD and MCSD) and they will not allow special deputies to attend the sate academy in Plainfield.
     

    Denny347

    Grandmaster
    Rating - 100%
    21   0   0
    Mar 18, 2008
    13,559
    149
    Napganistan
    Im law abiding.. I dont get into trouble and have a good record. If a "law man" stopped me and accused me of breaking the law while i was doing nothing wrong and wasted my time doing all he did with you, i would MOST CERTAINLY turn him in. I mean if me, some 22 year old citizen knows this, then you would think a police officer would. I mean he has a gun right? Most people who deal with guns know gun laws. At least a law as common as that.

    I would have been angry at the fact he wasted my time..

    Wow, this did not even happen to me but it gets me stirred up thinking about. Sorry this kind fo thing takes place....
    This is my quote from my posting earlier in this same thread:

    I have brought this up before (and this is no excuse but more of a reason). State training includes VERY LITTLE state law. Hundreds of hours of Constitutional Law but virtually none on state law and ZERO local ordinance training. The state law training we get are laws regarding domestic violence (as mandated by the state every year) and that is about it. The department gives us a small book of Indiana Laws printed by the prosecutor's office that only has a portion of Indiana laws in them. It is each officer's responsibility to teach themselves. Then there is civil law. We have no authority in civil matters but we need to know it to try to resolve issues we come across. Again NOT an excuse but is it really a surprise that members of a gun board know gun laws better than an officer who needs to be familiar with hundreds of laws that span the width of all known criminal and civil offenses? It's an imperfect process for sure. Then you add in the fact that the Special Deputy might have had far less training in the law but with the same arrest powers as I.

    Many officers are NOT gun people and do no more with it that is required by the department. The reading of the LTCH law is "common knowledge" to us in this circle. However, to be quite frank, OC in Indianapolis is quite rare to see. See, this law is NOT in our law books. Indiana law is silent about OC and thus requires a bit more than just looking it up to verify legality. There are many more of us "enlightened" officers than there used to be but it will be some time before this becomes common knowledge to the rest.
     

    Manan

    Expert
    Rating - 100%
    1   0   0
    Jun 28, 2009
    1,061
    38
    West Central
    This is true. However, the employees left are SPECIAL deputies. They work the jail, CCB security, courtline security, FTA warrants, tax collections, jail wagon transportation, and sex offender registry. However, many of them have marked take-home vehicles (something rare for special deputies before the merger) and are encouraged to write traffic tickets and other street patrol duties. The Sheriff has been petitioning the state training board to certify the MCSD academy to allow the special deputies to become merit (what Anderson gave away with a smile 2 years ago). The state will not allow 2 certified academies in the same county (IMPD and MCSD) and they will not allow special deputies to attend the sate academy in Plainfield.

    Oh great, more people stretching their specific job authority to broader law enforcement authority. Just what we need, tax collectors and jailers pulling people over.
     

    Kirk Freeman

    Grandmaster
    Rating - 100%
    11   0   0
    Mar 9, 2008
    48,269
    113
    Lafayette, Indiana
    The reading of the LTCH law is "common knowledge" to us in this circle. However, to be quite frank, OC in Indianapolis is quite rare to see. See, this law is NOT in our law books. Indiana law is silent about OC and thus requires a bit more than just looking it up to verify legality. There are many more of us "enlightened" officers than there used to be but it will be some time before this becomes common knowledge to the rest.

    Quiz time, INGO. Ignorance of the the law is . . .

    A. No excuse.

    B. O.K. for the police, but not for you, serf.

    C. If done by the police, the excuse factory kicks into overdrive.

    D. Both B & C.

    See, this law is NOT in our law books.

    Yes it is. O.K., now I can see excusing judgment calls, but the law is black and white. It is crystal clear that open carrying a pistol is legal as there is not a statute that makes it illegal (with license).

    I applaud you for educating your fellow officers but this rationalization is uncalled for.
     
    Last edited:

    Denny347

    Grandmaster
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    21   0   0
    Mar 18, 2008
    13,559
    149
    Napganistan
    Quiz time, INGO. Ignorance of the the law is . . .

    A. No excuse.

    B. O.K. for the police, but not for you, serf.

    C. If done by the police, the excuse factory kicks into overdrive.

    D. Both B & C.



    Yes it is. O.K., now I can see excusing judgment calls, but the law is black and white. It is crystal clear that open carrying a pistol is legal as there is not a statute that makes it illegal (with license).

    I applaud you for educating your fellow officers but this rationalization is uncalled for.
    Just telling you the sate of affairs as it sits right now. It's not pretty...but it is what it is. It is changing but not as fast as it should. I be that the majority of the citizenry (if asked) has NO IDEA that OC is legal. Now where do you think the officers are hired from? Then they are given ZERO state law training other than what is mandated by the state training board. (Ever wonder why so many officers throughout the State have the same misinformation about OC?) The rest is passed on by FTO's while in the field. People want to know WHY some officers act as they do and I am telling you. I did not say it was right so I do not know how I am "rationalizing". People ask, and I try to give an answer. I am just a guy here doing what I can. I've told you all I possibly know and have given you all the insight I have available. I do not know what more is expected of me. I'm done.
     

    Yeah

    Master
    Rating - 100%
    2   0   0
    Dec 3, 2009
    2,637
    38
    Dillingham, AK
    Just telling you the sate of affairs as it sits right now. It's not pretty...but it is what it is.

    Since it isn't possible for an anyone to know the whole of the law it should be a simple matter to make it clear that no officers are obligated to enforce any law at all, whether they know them or not. That way unless an officer is really sure he is right he can just drive away.

    Or, even when he is really sure but just doesn't want to bother, he can drive away then too. They should teach that.
     

    E5RANGER375

    Shooter
    Rating - 100%
    15   0   0
    Feb 22, 2010
    11,507
    38
    BOATS n' HO's, Indy East
    Just telling you the sate of affairs as it sits right now. It's not pretty...but it is what it is. It is changing but not as fast as it should. I be that the majority of the citizenry (if asked) has NO IDEA that OC is legal. Now where do you think the officers are hired from? Then they are given ZERO state law training other than what is mandated by the state training board. (Ever wonder why so many officers throughout the State have the same misinformation about OC?) The rest is passed on by FTO's while in the field. People want to know WHY some officers act as they do and I am telling you. I did not say it was right so I do not know how I am "rationalizing". People ask, and I try to give an answer. I am just a guy here doing what I can. I've told you all I possibly know and have given you all the insight I have available. I do not know what more is expected of me. I'm done.

    i think you have honestly explained it well. somethimes we (me included) blame individual officers for what the higher up's are responsible for in reality. they know their asses are'nt gonna be the ones out on the street to take the heat.
     
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