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  • Indy317

    Master
    Rating - 100%
    1   0   0
    Nov 27, 2008
    2,495
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    Cash settlements eh? Ya hear that guys??

    That case, which is now over a year old I believe, has very little to do with Indiana law. That was based on a case in NM, where OC is legal. State law is completely silent on OCing a handgun in that state, which is completely different than what Indiana law states.
     

    bigus_D

    Master
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    2   0   0
    Dec 5, 2008
    2,063
    38
    Country Side
    That case, which is now over a year old I believe, has very little to do with Indiana law. That was based on a case in NM, where OC is legal. State law is completely silent on OCing a handgun in that state, which is completely different than what Indiana law states.

    UNTIL.... UNTIL.... the LTCH is verified. Then the cases are VERY similar again.
     

    Roadie

    Modus InHiatus
    Rating - 100%
    17   0   0
    Feb 20, 2009
    9,775
    63
    Beech Grove
    So how come are we the only ones (the ones caught between the two sides) that have to play by the rules?! :dunno:


    (snipped)

    I don't agree with our rights being limited either. HOWEVER, I refuse to play the "our rights are limited so yours should be too" game.

    I see it like the case a few years ago in Indy where a short sighted, ill informed judge, decided that a couple who recently divorced, should have their kids taken away because they were Pagans. It was Christians who came to their defense. Why? Because those Christians realized if religion could be used against someone in parenting, then it could happen to Christians next.

    If we, the gun community, support our LEOs, maybe we can get their support in return.
     

    Mr. Habib

    Master
    Rating - 0%
    0   0   0
    Mar 4, 2009
    3,804
    149
    Somewhere else
    It doesn't mention OC specifically. The difference is that in NM and some of the other states mentioned, no license or permit is required for OC, only for CC. Therefore, the LEO had no RAS or PC to question or detain anyone merely because they were openly carrying a handgun. In Indiana, however, it is a crime to carry unless one is a member of an exempted class, so an LEO would have PC to detain and question until he/she knew that the OCer was legal.
     

    machete

    Shooter
    Rating - 0%
    0   0   0
    Sep 16, 2010
    715
    16
    Traplantis
    That case, which is now over a year old I believe, has very little to do with Indiana law. That was based on a case in NM, where OC is legal. State law is completely silent on OCing a handgun in that state, which is completely different than what Indiana law states.

    Americans dont gotta go around proving that theyre legal. In this country someone first has to do something wrong before anyone asks them if theyre free to do it.

    No probable cause or reasonable suspicion to stop any OC-er just for OC-ing.
     

    machete

    Shooter
    Rating - 0%
    0   0   0
    Sep 16, 2010
    715
    16
    Traplantis
    It doesn't mention OC specifically. The difference is that in NM and some of the other states mentioned, no license or permit is required for OC, only for CC. Therefore, the LEO had no RAS or PC to question or detain anyone merely because they were openly carrying a handgun. In Indiana, however, it is a crime to carry unless one is a member of an exempted class, so an LEO would have PC to detain and question until he/she knew that the OCer was legal.

    That's not correct because it turns lawful OC into a "papers, please" activity. That wasnt the idea behind LTCH.

    If they want to keep stating the law wrongly, we can just go ahead and have a nice loaded longarm rally outside the Final Four, Super Bowl, Big Ten Tourney etc... We'll be real peacable, but we also wont show a single piece of ID or respond to any of their questions. Some dudes OC Glock is a lot less likely to scare anyone than a bunch of AK-47s on South St. before the Super Bowl.

    I suggest the cops admit they got the law wrong and tell us that theyv'e changed their policy,,,
     

    sj kahr k40

    Grandmaster
    Emeritus
    Rating - 0%
    0   0   0
    Sep 3, 2009
    7,726
    38
    If we, the gun community, support our LEOs, maybe we can get their support in return.

    I support LEO's right up to where they start breaking laws, then they become criminals and I don't support criminals.

    Officer Highwhatever his name is, is a criminal
     

    ATM

    will argue for sammiches.
    Site Supporter
    Rating - 100%
    30   0   0
    Jul 29, 2008
    21,019
    83
    Crawfordsville
    That's not correct because it turns lawful OC into a "papers, please" activity. That wasnt the idea behind LTCH.

    Oh, it is correct.
    Indiana legislators enacted code which made basically any handgun carry outside of your own property illegal unless you buy their "papers".

    The idea behind it is also absolutely irrelevant at this point. The code remains.

    NM code only made it illegal to conceal a handgun without buying their papers. Thus, NM citizens are less infringed than Hoosiers.

    Only legislators (not cops) can fix this particular issue. Nobody else can change IC.
     

    IndyMonkey

    Shooter
    Rating - 0%
    0   0   0
    Jan 15, 2010
    6,835
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    I was singled out and had my weapon taken from me. I would of been the only one if atfconsumer would of been more compliant.
    I also have a form signed by chief of police of Indianapolis saying it is a rifle.

    There is no permit required to do what I did.
     

    machete

    Shooter
    Rating - 0%
    0   0   0
    Sep 16, 2010
    715
    16
    Traplantis
    Oh, it is correct.
    Indiana legislators enacted code which made basically any handgun carry outside of your own property illegal unless you buy their "papers".

    The idea behind it is also absolutely irrelevant at this point. The code remains.

    But if a simple reading of the law doesnt end up where the legislature intended the courts have to give the law its most probable interpretation... The courts cant interpret the law so that the ruling is absurd...

    Was the intent of the legislature in spite of the simple reading of the law to turn Indiana into a papers, please!! state for OC-ers???

    I DONT THINK SO!!!
     

    MTC

    Expert
    Rating - 0%
    0   0   0
    Jul 14, 2009
    1,356
    38
    Oh, it is correct.
    Indiana legislators enacted code which made basically any handgun carry outside of your own property illegal unless you buy their "papers".

    The idea behind it is also absolutely irrelevant at this point. The code remains.

    NM code only made it illegal to conceal a handgun without buying their papers. Thus, NM citizens are less infringed than Hoosiers.

    Only legislators (not cops) can fix this particular issue. Nobody else can change IC.

    And bingo was his name-o.
     

    ATM

    will argue for sammiches.
    Site Supporter
    Rating - 100%
    30   0   0
    Jul 29, 2008
    21,019
    83
    Crawfordsville
    But if a simple reading of the law doesnt end up where the legislature intended the courts have to give the law its most probable interpretation... The courts cant interpret the law so that the ruling is absurd...

    Was the intent of the legislature in spite of the simple reading of the law to turn Indiana into a papers, please!! state for OC-ers???

    I DONT THINK SO!!!

    You can ask them their intent if they are still alive. Won't matter, they can't change it now without getting elected back to that post. Fact remains, they made it a papers please state for all handgun carriers and nobody has cared to change that fact since.
    Courts would be overstepping their bounds to legislate from the bench.
    Get the stupid law changed through the proper channels but don't expect your thoughts (or mine) on original intent to be much of a factor on enforcement in the meantime.
     
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