HELP: Banned from restaurant for CCW

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  • JettaKnight

    Я з Україною
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    Oct 13, 2010
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    So what do you think....mbills2223 and MikeDVB are the same guy with 2 INGO profiles? One posts and the other pats him on the back. I don't think I need 2 profiles.....


    Well, they are both rep whores.

    It took me a little time, but I knew there had to be a subplot in this 30+ page thread.
     

    Dirtebiker

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    Feb 13, 2011
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    If my understanding of Indiana law is correct, you should not have been carrying in a bar if you were consuming alcohol. As for the ban, yes, they can do that. If they really wanted to push the matter, it is possible that you could have lost your license to carry. Any private business has the right to ban firearms from their premises, and if it is posted as such, violating their policy can result in revocation of your license if Law Enforcement gets involved. I'd say you got lucky.

    WAY OFF!!!
     

    Dirtebiker

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    Really? You will not be hit with "brandishing a firearm." You CANNOT be arrested for something that is not a law. I'm sure they'll find something to charge you with, but I am willing to bet you $1,000 that it will not be brandishing. Maybe "criminal recklessness," but definitely not brandishing.

    Actually, you CAN be arrested for something that is not a law. Just not convicted!
     

    stephen87

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    Actually, you CAN be arrested for something that is not a law. Just not convicted!

    It depends on how you look at it. I would like to see an officer arrest someone in the State of Indiana and put that you were arrested for something that is not a law, like brandishing. Don't they have to put what IC was violated? Maybe I'm wrong though.
     

    PhilDeez

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    Mar 26, 2011
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    I always get weird looks from my friends when we go out to eat and everybody orders a round of drinks and I say just pepsi for me when i'm carrying. I make it a point if i'm going out to eat and carrying I never drink. For one I don't like drinking in public. Too many people turn into superman when they are drunk and fights start. (Not me i'm a happy drunk LOL) And two it's cheaper.. Call me cheap but if I can get a case of beer for fifteen bucks, i'll take that over beers for three bucks anyday.
     

    MikeDVB

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    It depends on how you look at it. I would like to see an officer arrest someone in the State of Indiana and put that you were arrested for something that is not a law, like brandishing. Don't they have to put what IC was violated? Maybe I'm wrong though.
    Oh, you can be arrested for not violating any laws... If it happens to you my advice would be to seek out an attorney.

    For those that may not understand - I'm saying that you can be unjustly arrested by a law enforcement officer incorrectly doing their job / exercising power or authority that they do not have. I'm not bashing law enforcement in general, but just like any profession there are good and bad apples.
     

    MikeDVB

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    I still want to see a report where the section for the IC violated it says something along the lines of "I can't remember what brandishing is." :D
    They wouldn't write you for 'brandishing', they would write it for something else - criminal recklessness with a firearm, intimidation, etc. Whether or not the IC exactly fits the situation or not is up to the prosecutor / judge / jury. You could, in theory, sue civilly the officer and the department should you be arrested and/or prosecuted for something they couldn't prove.

    That said, if they did arrest you for 'brandishing' your lawyer would certainly have no issues with a civil case I imagine given no extenuating circumstances.
     

    stephen87

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    Same as the bar call

    That was a bit of a stretch to get someone to agree that he could have been arrested for something. It's still not brandishing that he would have been arrested for though. It would be either pointing a loaded/unloaded firearm or criminal recklessness.

    They wouldn't write you for 'brandishing', they would write it for something else - criminal recklessness with a firearm, intimidation, etc. Whether or not the IC exactly fits the situation or not is up to the prosecutor / judge / jury. You could, in theory, sue civilly the officer and the department should you be arrested and/or prosecuted for something they couldn't prove.

    That said, if they did arrest you for 'brandishing' your lawyer would certainly have no issues with a civil case I imagine given no extenuating circumstances.
    :tantrum: STOP PICKING ON ME! I get what you're saying, but like I just said. It still isn't brandishing. :D
     

    Scarecrow

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    Nov 25, 2009
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    Thanks, Obviously new to CCW. I am signed up for a NRA training course next month and will not carry until then. I have already reached out to management to discuss the situation and continue my apologies. I was a tall man before tonight but have read each post and taken in each with respect and understanding for the responsibility of gun ownership. Thanks to those who reprimand but encourage. I will be dragging my less than 2 inch self off this forum for today but will revisit to drill down on how bad my decision was. Thank you.

    He Gone...
     

    Gibson90

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    Apr 21, 2011
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    Tough lesson learned. Someone said it earlier that they did you a favor by not calling cops and issuing a trespass on you. I've called the police to issue trespass on difficult employees that were being terminated. If they return to the property they can be arrested.
     

    Exodus

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    Jun 29, 2011
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    SWI
    Oh, you can be arrested for not violating any laws... If it happens to you my advice would be to seek out an attorney.

    For those that may not understand - I'm saying that you can be unjustly arrested by a law enforcement officer incorrectly doing their job / exercising power or authority that they do not have. I'm not bashing law enforcement in general, but just like any profession there are good and bad apples.

    It depends on how you look at it. I would like to see an officer arrest someone in the State of Indiana and put that you were arrested for something that is not a law, like brandishing. Don't they have to put what IC was violated? Maybe I'm wrong though.


    It has been done, recently.:abused::abused:
     
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