Man Held by Police for LEGALLY Carrying Handgun

[HICKMAN]

Hopefully not a dupe, just saw this:


http://youtu.be/3XGXhpdIwWA

 

[mrjarrell]

You'd really think the Elkhart PD would know better by now. Sounds like a new lawsuit in the offing.

 

[long coat]

That's been posted 2 times that I know of. They can stop you for carrying a hand gun in IN, because it is illegal to do so with out a LTCH. No you no longer have to carry it, but they can ask for it.

 

[mrjarrell]

That's been posted 2 times that I know of. They can stop you for carrying a hand gun in IN, because it is illegal to do so with out a LTCH. No you no longer have to carry it, but they can ask for it.

They sure as hell don't have to put you in cuffs. That's a step too far. asking for your info or LTCH is as far as it should ever go. Eventually the lawsuits will put an end to it.

 

[Foxfire]

No need for cuffs.

 

[drillsgt]

Did they leave in a golf cart? The only thing more appropriate would have been one of those clown cars.

 

[GodFearinGunTotin]

Sorry Hickman, I believe this is the same video as in these two threads:

https://www.indianagunowners.com/fo...detain_andrew_champ_for_legally_carrying.html

https://www.indianagunowners.com/fo..._detained_for_legally_carrying_a_handgun.html

 

[Rhoadmar]

How many officers does it take to deal with the man in this video? The only over reacting seemed to be from the police.

 

[Excalibur]

How many officers does it take to deal with the man in this video? The only over reacting seemed to be from the police.

Apparently it takes several patrol cars and SWAT on call because every situation to them is potential crap happening regardless if it did happen.

 

[BiscuitNaBasket]

Yes, police have every legal right to stop and ask to see your LTCH. It is illegal to carry a handgun unless you have a LTCH. Meaning that the LTCH is the only thing that exempts you from being arrested.

Detaining is an overreaction by the police in my opinion. Lecturing the guy on how he should carry is unprofessional. Notice the officer near the 03:00 minute mark who walks up and intentionally blocks the camera. The camera guy moves and the officer moves to block the camera again.

 

[Bapak2ja]

The msn refused to show his LTCH when asked. Given Indiana law as I understand it, he caused the problem by doing this. As the officer said, show LTCH and it is over. I dislike cops, but seems to me they were acting appropriately here. Of couse, the cop stepping g in front of the camera just reinforces my distrust for them.

 

[WC Deer Hunter]

They sure as hell don't have to put you in cuffs. That's a step too far. asking for your info or LTCH is as far as it should ever go. Eventually the lawsuits will put an end to it.

Lawsuit?

He caused his own problems by not showing his LTCH. Show it and it's over. I don't like it but it's the law. Just another ***hat making responsible gun owners look bad IMO. The cop talking in the video actually didn't seem to bad other then the fact of trying to tell him he should CC instead of OC. The officer that handcuffed him on the other hand I do think was overboard considering but probably still within the law to do so considering the dipstick didn't know what he was talking about by not showing his pink slip.

 

[jerryv]

This is kind of a grey area.

It's illegal to drive without a driver's license. Does that mean the police have the right to pull over anyone driving a car, at any time, with no particular cause other than to check to be sure they have a valid driver's license? How is this different?

And as to showing a LTCH, I don't think anyone is required to carry the license with them .. although they would have to provide at least a name in order that the cops could verify the license.

But demanding to see the LTCH .. even if the person is open-carrying .. may not be a proper thing for a cop to do unless there is some probable cause to do so.

 

[griffin]

Yes, police have every legal right to stop and ask to see your LTCH.

The msn refused to show his LTCH when asked.

You are not required by law to carry your LTCH, are you?

He caused his own problems by not showing his LTCH. I don't like it but it's the law.

IN statute cite?

 

[IMPD31323]

As to are you required to carry your license with you I would say no, however the law states that the burden of proof rest on the firearms carrier to prove that then are exempt. Therefore if you can't prove to me you have a license your going to jail. Why wouldn't you carry it with you?

 

[eldirector]

Sounds like there are three really good points made in this thread:

1) There are no requirement to carry your LTCH. However, carrying a handgun is ILLEGAL (for the most part - there are exceptions) without being licensed. So, if one is detained for suspicion of carrying a handgun illegally, one must provide enough info that LE can validate the person is licensed (eg: name and address to call it in, another form of ID, or the license itself).

2) Carrying the license would make #1 REALLY easy. There is even case law to back up the fact that ALL firearms related questioning should stop once the license is presented (and validated). So, if one wants the "easy way out", then carry both a valid photo ID and LTCH.

3) Acting difficult (cop or average citizen) doesn't win you any favors. I'm not saying "comply with all demands" to the citizen, or "Always look the other way" to cops. But, this whole thing could obviously have been handled better by both parties.

On a personal note, there are plenty of times that I am carrying, and have no ID at all on my person. For instance: around my property, or on impromptu walks around the neighborhood (without my wallet). It is absolutely NOT illegal for me to do so. If detained, I could simply identify myself (name and current address) for LE to check my licensing status (and probably go fishing for anything else; like warrants, restraining orders, court orders, etc...), and I'm good to go.

 

[kiddchaos]

Well said, eldirector.

 

[UncleMike]

As to are you required to carry your license with you I would say no, however the law states that the burden of proof rest on the firearms carrier to prove that then are exempt. Therefore if you can't prove to me you have a license your going to jail. Why wouldn't you carry it with you?

In order to obtain a video like this one.

 

[arthrimus]

As to are you required to carry your license with you I would say no, however the law states that the burden of proof rest on the firearms carrier to prove that then are exempt. Therefore if you can't prove to me you have a license your going to jail. Why wouldn't you carry it with you?

Possibly because the state of Indiana seems to think that the license it's self is worth the price of a piece of pink copier paper, rather than taking it seriously and sending us a proper card to carry.

 

[Double T]

Lawsuit?

He caused his own problems by not showing his LTCH. Show it and it's over. I don't like it but it's the law. Just another ***hat making responsible gun owners look bad IMO. The cop talking in the video actually didn't seem to bad other then the fact of trying to tell him he should CC instead of OC. The officer that handcuffed him on the other hand I do think was overboard considering but probably still within the law to do so considering the dipstick didn't know what he was talking about by not showing his pink slip.

Umm. Sorry to burst your bubble but we do not know whether he ID'd himself. You do NOT have to carry your pink card any longer, you merely have to have a number in the system.

Also, who is to say that the young man did not give his ID? Depending on the date of the OP vid, he very may well have been in the right.

Yes, police have a right to stop and ID in Indiana due to the fact its illegal to carry without a license to carry. They cannot cuff you if you don't have it on you as you merely have to identify yourself...which I would suggest anyways. (not just to make them look it up) but if you're like me you didn't pay the 20 bucks to change address, and if the cop is having a hard on for you...might get wrongful ID charges....

Innocent until proven guilty right?