I'm an idiot

[Militarypol21]

Just saw Avon PD stop a surgeon "who was reported" running with a gun down 10th street. I guess the original call was a white male wearing a black shirt running with a gun westbound down 10th street. Legally, if I didn't have any pockets or any other way of carrying (although it's not a smart idea) can I go jogging down the street holding a gun in my hand?​

 

[christman]

Brandishing a firearm is 90% of the time booked on witness statements and whether or not they felt "threatened" by how you were handling your firearm in public. It is a very big gray area as cases have been won on both sides, so at this time I wouldn't advise it. The gray area could also lead to another problem if a witness claims you pointed the firearm in their direction whether you did or not. That is a whole other offense under IC 35-47-4-3. I think it is still a class D felony if the gun is loaded. Its all in how the report and testimony are given. So don't bother putting yourself on the uphill battle of that experiment IMO.

 

[ihateiraq]

that sounds like an excellent way to get proned out in the street.

 

[Militarypol21]

Excellent point, but I'm also innocent until proven guilty correct. It will be my word against "that person's" word, what proof would they have if I told the LEO I was concerned I may get robbed while jogging.

 

[jsharmon7]

Yes you are.

 

[rmabrey]

I wouldnt recommend this

 

[Militarypol21]

I wouldnt recommend this

I'm smarter than that.. but if "one" would. Could he/she be charged with any crimes (i.e. pointing a firearm)? What if they kept it pointed to the ground while they ran. Just didn't have a holster or any pockets?

 

[rmabrey]

I'm smarter than that.. but if "one" would. Could he/she be charged with any crimes (i.e. pointing a firearm)? What if they kept it pointed to the ground while they ran. Just didn't have a holster or any pockets?

IMO i would say that at the very minimum this would be deemed reckless use of a handgun and their LTCH would be revoked

 

[christman]

I'm smarter than that.. but if "one" would. Could he/she be charged with any crimes (i.e. pointing a firearm)? What if they kept it pointed to the ground while they ran. Just didn't have a holster or any pockets?

You asked about your word against theirs plus whether you kept it pointed towards the ground. Well again, its all about witnesses and crediablity. You may get a trip downtown or you may not. You may lose in court or you may not.

Usually when its your word against "theirs" it almost always favors the other party as there are usually more of them to counter your statement. Unless you get lucky and the witness contradicts themselves during an interview or they are well known to be less than credible. I can see this happening very easily when you are out by yourself jogging. IMHO if your gun is in your hand you have more than jogging on your mind. If you feel you must carry while jogging than invest in an exercise belt of some sort or the ever fashionable fanny packs to put it in.

 

[Militarypol21]

IMO i would say that at the very minimum this would be deemed reckless use of a handgun and their LTCH would be revoked

... and the difference between this and the Open Carry March a few members did downtown last summer? There is a difference between walking with a shotgun, handgun, AR, mossin and running with one?

 

[Shadowbeach]

.

 

[christman]

... and the difference between this and the Open Carry March a few members did downtown last summer? There is a difference between walking with a shotgun, handgun, AR, mossin and running with one?

There is a difference on how they are holding it and the proximity of the well known event that all the police in the area were aware of. Not to mention that the participants to that March were told to keep their firearms unloaded during that march so that if they were arrested for something it wouldnt be a D felony, but an A misdemeanor.

A random person running down the road not involved in an advertised march, holding a firearm would raise quite a few more eyes.

 

[rmabrey]

... and the difference between this and the Open Carry March a few members did downtown last summer? There is a difference between walking with a shotgun, handgun, AR, mossin and running with one?

In my view no their isn't but its all about perception. a group of people walking with guns is a demonstration, a person running with a gun in hand is suspicious (at least this would be my thinking if I were LE, but it could vary).
Then of course im sure an officer would claim it is a safety issue and that you are more like to trip and have an AD while running than if you were walking. Again its all perception and JMO

 

[Chuck26287]

First of all, I'm presuming the OP is asking about athletic jogging, and running with the handgun in the person's hand as a method of OCing while jogging, and he's questioning whether it would be perfectly legal.

I'm sure I'll get flamed for this, but I'll say it. If I was out and about or jogging and a jogger came running by me with a handgun in his hand, I myself would place a call to the police to report it. Not because I feel the handgun should not be seen, but because I feel it's simply dangerous to run with a handgun in one's hand. I think the scenario above seriously endangers the general public, and it would show serious irresponsibility on the part of the runner. I am a runner and CC when I run. I don't choose to OC, but would have no problem seeing another runner jogging while OCing, provided the weapon is secure.

I'm not going to try and talk to the runner myself to avoid any public ordeal. I am going to let the authorities explain the dangers of his actions to him. I personally don't want to be in the proximity of any person who handles a firearm so carelessly. I guess that's the whole thing in a nutshell for me... I feel running with a handgun in your hand is careless and dangerous handling of a firearm in public.

In my opinion (and that's all it is), there is a major difference between walking with a handgun in my hand and running with one. I feel one can be done safely, and the other in unsafe.

As far as the core question... there is no definative answer. But, it's probably perfectly legal, right up to the point where it's perceived by someone with authority as being a danger to the public.

Nothing like another opinion to clear up the mud, huh?

 

[bigiron]

if you come running at me with a handgun go ahead and assume i'm going to shoot you as you continue to approach me. i'm not paranoid or anything but, what the hell!
you're running with a gun, towards me or one of my kids, you're gonna meet JESUS. if this really happened as you have described, this makes for a PR trainwreck for our cause. didn't your mamma ever tell you not to run with scissors?

 

[moischmoe]

Carrying your gun in your hand? Why limit it to when you are just running. Let's carry our guns into Starbucks, or the bank, or into our favorite convenience store. (Just keep it pointed at the floor, so you don't make anyone nervous.)

 

[Comp]

I don't know. I would fell just as threatened if a person with a gun comes towards me, no matter if they are running or walking if it was in their hand. Now if they were just running down the street and not running at anybody, I would not pay it any mind. However, there is a crack head in my neighborhood who thought it would be a good idea to unload a BB gun into another guy. I think he does meth to be honest.

P.S If you decide to test this out, make sure to have a camera and camera man and post it after your trial

 

[Joe Williams]

So long as you are not pointing it at anyone, there is nothing in the law that says you cannot.

Don't think you should, but there's nothing in the law that says you can't.

 

[finity]

I'm of two minds on this.

One is that it's not illegal to carry a gun in any way you choose as long as you don't point it at anybody or act in a threatening/intimidating manner.

Second, I can see why someone would be a little (a lot?) concerned about a person running down the street with a gun in their hand.

I think in the second case it would probably be prudent to call the police but to make sure to tell them ONLY what you saw, don't embellish like so many people do.

To those who say that they would kill someone for walking toward them with a gun in hand, be careful. You might win in a case like that but there is no law against carrying in your hand. The law deals with reasonably provable threats & intimidation. If there is no other indication of an imminent threat then you COULD be in serious trouble.

Now, for the record, I think it was a really stupid thing for the jogger to do & he is opening himself up for unecessary safety & police-interaction problems. If he is a surgeon then I would assume he's got the money to buy the proper equipment.

 

[IndyClay]

Just saw Avon PD stop a surgeon "who was reported" running with a gun down 10th street. I guess the original call was a white male wearing a black shirt running with a gun westbound down 10th street. Legally, if I didn't have any pockets or any other way of carrying (although it's not a smart idea) can I go jogging down the street holding a gun in my hand?​

Get a "fanny pack" (ie: Lambskin Pistol Pouch, Black, Holsters at Sportsman's Guide). Yes you will look a bit nerdy, until you get mugged and pull out your semi-auto "wallet"