IMPD OC legal updates.

[Denny347]

Any updates to this?

No

 

[stephen87]

I kind of have an update on this...


I sent an email awhile ago, I forget who it was to, but it was basically asking what the stance was on OC. The reply was something to the effect of "Do you know the officer name/badge number/ Would you like to file a complaint?"

 

[tbhausen]

As I said earlier in the post:



It has nothing to do with what I do or do not do. As of now, it has nothing to do with me following policy or not. An instructor saying something in in-service does NOT make it policy. Once its on paper in either general orders or polices and procedures, THEN its policy. Right now its one guy's opinion while teaching a class. My problem with it is right now its bad information given a lack of Indiana case law. It may very well turn out to be correct, as like I said there's a potential test case in the courts right now, but that's premature.

I think sometimes folks lose track of just because you don't like something doesn't mean its wrong, and just because you like something means its right. To make it perfectly clear, I have never stopped someone strictly for open carry and don't intend to. I do not believe there is anything in IC code or Indiana case law that prohibits it, however, and as of this moment at least some of the Marion County Prosecutor's office agrees or Frank's case wouldn't have been filed. Applying case law from states where you can open carry without a permit to Indiana where you need a LTCH for open or concealed carry is not sound legal reasoning.

Agreed. I don't have a problem with being questioned by any LEO if seen carrying. There's a middle ground here. If it's quick, polite, and mutually respectful I see no harm in demonstrating I follow the law.

 

[cbhausen]

Just get rid of the little pink permission slip!

Problem of asking to see it is solved. And "NO" to needing the pink paper for CC.

Constitutional Carry is the answer. Bad guys aren't going to follow handgun laws anyway so why infringe on the good guys' rights?

 

[RandallX]

thanks for the update. good info.

 

[tbhausen]

Exactly what I meant in my initial post in this thread. I was talking about the law we have in place now. Whether we like it or not, and whether we should work to change it, is a different subject entirely.

Not exactly. To believe such would be to imply that I think we should have a license to begin with. I don't believe we should. As far as I'm concerned the 2A is all that is needed. However, we must live within the laws we allow our government officials to develop. In which case I have no issue proving that I'm acting within the law SO LONG AS the officer has been professional and courteous up to that point.

I've had negative LEO interactions due to carrying twice in my life. One of which would have been a relatively easy lawsuit had I bothered with it or knew of any pro-gun attorneys at the time.

That said, I'm not a LEO hater. I understand what it takes to do their job. Out of respect I have no problem showing them proof that I'm not committing a crime. I do not believe that the interaction need go any further than that however.

How exactly is it "rolling over" to prove that you are not committing a crime anyhow? Perhaps you are misinterpreting what I'm saying? I'm not saying that a LEO should just go up to every random carrier and ask for LTCH and ID. I'm simply saying that if an officer respectfully asks me to show him my LTCH, I have no problem with that so he knows I'm not committing a crime. Anything further than this simple request and I begin to second guess it depending on the circumstances.

 

[88GT]

I kind of have an update on this...


I sent an email awhile ago, I forget who it was to, but it was basically asking what the stance was on OC. The reply was something to the effect of "Do you know the officer name/badge number/ Would you like to file a complaint?"

That's hilarious as it sort of condemns the department for being asshats on a regular basis about the issue.

Agreed. I don't have a problem with being questioned by any LEO if seen carrying. There's a middle ground here. If it's quick, polite, and mutually respectful I see no harm in demonstrating I follow the law.

Do you understand why others do have a problem with it though? By definition, I think being hassled for the mere carrying of a firearm is anything but polite and mutually respectful.