notify leo of ccw?

[JoshuaW]

My son-in-law is a Indiana state trooper, I just recently ask him this same question. He wasn't sure so he called the head man in the licensing division at Indy and ask him. He said if your out of state license allows you to open carry in your state you can open carry in Indiana, if yours is for concealed only then it is concealed only in Indiana.

I was told the opposite thing by an Elkhart Sheriff's deputy Its Indiana law that prevails, and an out of state CCW would be treated like a LTCH, and fall under Indiana's laws. Anyone have a third input? I hate conflicting information like this!

**Edit**
I will add it to my list of things to ask when I visit the local State Police post, and see what my local State Troopers have to say. Who knows when that visit will be though.

 

[dross]

I've never understood this philosophy. We spend so much time.....(especially OC advocates) trying to convince the public that gun owners are everyday people. We try to convince them that we're non-threatening, level headed individuals just as they perceive themselves to be. You ruin that image by being obtuse and uncooperative with somebody that is generally only concerned with his own safety and yours.

I don't get it. What gives YOU the right to decide what is pertinent to the stop and not HIM? Answer: Nothing....he has a right to know.

If the legislature had intended for you to have to tell the police you are armed, they would have put it in the law. In IN, there's no duty to inform. If an officer asks you and you have to tell him, there's now a defacto duty to inform.

It's none of the officer's business. And, cops don't have rights under your meaning, they have powers. And their powers don't include you answering questions about the legal objects you have in your possession.

 

[Kirk Freeman]

I was told the opposite thing by an Elkhart Sheriff's deputy Its Indiana law that prevails, and an out of state CCW would be treated like a LTCH, and fall under Indiana's laws. Anyone have a third input? I hate conflicting information like this!

Josh, look at the statute again (when in doubt, whip it out, the statute that is).

IC 35-47-2-21
Recognition of retail dealers' licenses and licenses to carry handguns issued by other states

Sec. 21. (a) Retail dealers' licenses issued by other states or foreign countries will not be recognized in Indiana except for sales at wholesale.
(b) Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana.

O.K., see where it says "accordding to the terms thereof", so if you are from . . . oh, let's say Texas you have to wear a big, silly hat, pointy elf boots, a string tie and carry concealed because in Tejas that is a requirement of the license.

Here is a typical Texan:

Or, for example, here's is your typical Tennessean complying with Indiana law in that the dress code requirements (straw hat, overalls, no footgear, straw in mouth are terms of the license):

 

[Kirk Freeman]

I don't get it. What gives YOU the right to decide what is pertinent to the stop and not HIM? Answer: Nothing....he has a right to know.

ND, I think the point is that there is no requirement that one do so. Nothing preventing you from volunteering though.

However, once you have a pistol pointed back at you by a cop coonfingering your 1911 like an ape from 2001, you get real hesitant giving cops excusing to handle guns around you.

 

[Delmar]

If the legislature had intended for you to have to tell the police you are armed, they would have put it in the law. In IN, there's no duty to inform. If an officer asks you and you have to tell him, there's now a defacto duty to inform.

It's none of the officer's business. And, cops don't have rights under your meaning, they have powers. And their powers don't include you answering questions about the legal objects you have in your possession.

I agree, but if I had a gun concealed on my person I would tell, if he asked. I don't want his gun pointed in my ear. If I had a gun in my console I would not tell him, cause it's none of his business and I'm not going to give him a reason to toss my car.

 

[Delmar]

ND, I think the point is that there is no requirement that one do so. Nothing preventing you from volunteering though.

However, once you have a pistol pointed back at you by a cop coonfingering your 1911 like an ape from 2001, you get real hesitant giving cops excusing to handle guns around you.

Elf boots?

 

[Delmar]

(b) Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana.

Romandad what do you think about that? Seems to me like you might want to CC until you get the Indiana LTCH

 

[NDguido]

If the legislature had intended for you to have to tell the police you are armed, they would have put it in the law. In IN, there's no duty to inform. If an officer asks you and you have to tell him, there's now a defacto duty to inform.

It's none of the officer's business. And, cops don't have rights under your meaning, they have powers. And their powers don't include you answering questions about the legal objects you have in your possession.

There is far more to being a good citizen and far more to being a responsible gun owner than tightroping the law to your advantage. Or, are you the type of person that stops playing loud music at 9:59 when the noise ordinance says 10:00?

It is just my opinion, but I believe that when an LEO asks if you have a weapon, it is #1, procedure......and #2 in concern for his own safety, and I believe that you have a moral responsibilty to answer the question truthfully. Intentionally obtuse reactions are no different than walking down the street open carrying through a residential neighborhood while carrying a video camera........trying to goad the police into an unnecessary action. It is in MY opinion, irresponsible.

 

[Cemetery-man]

When I once asked the night supervisor at out LPD about notifying, he told me if someone does it to him it usually results in a ticket being turned into a warning with a thank you afterwards.

 

[ATM]

Intentionally obtuse reactions are no different than walking down the street open carrying through a residential neighborhood while carrying a video camera........trying to goad the police into an unnecessary action. It is in MY opinion, irresponsible.

Unless you are doing so while wearing sandals with socks, I must be missing the implied irresponsibility here.

 

[NDguido]

Unless you are doing so while wearing sandals with socks, I must be missing the implied irresponsibility here.

anything between a yes or no answer is, imo, is an intentional attempt to force a reaction from the LEO. If you see baiting the police into reacting as a mark of good citizenship, then we'll have to agree to disagree.

 

[ATM]

anything between a yes or no answer is, imo, is an intentional attempt to force a reaction from the LEO. If you see baiting the police into reacting as a mark of good citizenship, then we'll have to agree to disagree.

Exercising one's legal rights = baiting? Yep, we will disagree.

 

[NDguido]

Exercising one's legal rights = baiting? Yep, we will disagree.

Which legal right are you talking about? The one where you lie to a police officer? Or, the one where you goad them into checking for your ltch by suspiciously meandering down a residential street with a gun and a video camera?

I have a copy of the US Constitution, and mine says nothing about that........I must need one of those "living breathing" ones I keep hearing about.

There is a vast difference between exercising a right, and exercising a right responsibly. Again, just my opinion.

 

[MinuteMan47]

Which legal right are you talking about? The one where you lie to a police officer? Or, the one where you goad them into checking for your ltch by suspiciously meandering down a residential street with a gun and a video camera?

I have a copy of the US Constitution, and mine says nothing about that........I must need one of those "living breathing" ones I keep hearing about.

There is a vast difference between exercising a right, and exercising a right responsibly. Again, just my opinion.

A "responsibility" to answer a question that has NOTHING to do with why you have been stopped? (Assuming you are stopped for a traffic violation)

You might want to read that Constitution again...

 

[ATM]

Which legal right are you talking about? The one where you lie to a police officer?

Nope, the other one. Where they aren't entitled to a yes or no answer for just anything they care to ask.

Or, the one where you goad them into checking for your ltch by suspiciously meandering down a residential street with a gun and a video camera?

Well, you never said suspiciously. Everyone knows that's illegal.
Sometimes I suspiciously drive down the road just hoping and praying they'll get uppity and check me for a drivers license, too.

There is a vast difference between exercising a right, and exercising a right responsibly. Again, just my opinion.

Let me guess, hiding your gun and waiving your other rights is the "responsible" way to exercise them.
OK, I better go read my Constitution again.

 

[RomanDad]

Romandad what do you think about that? Seems to me like you might want to CC until you get the Indiana LTCH

I think thats the prudant approach....

Now....In the meantime, If you all would get to making it legal to carry at the Horseshoe, Id really appreciate it. (Ive walked through COMPTON, unarmed, and not been as scared as Ive been in the Horseshoes parking garage....)

Unless you are doing so while wearing sandals with socks, I must be missing the implied irresponsibility here.

Whats wrong with crocks and socks?

 

[NDguido]

Nope, the other one. Where they aren't entitled to a yes or no answer for just anything they care to ask.

Nonsense, of course they're entitled. Whether or not you think you have a legal or moral obligation to answer is the issue.

Well, you never said suspiciously. Everyone knows that's illegal.
Sometimes I suspiciously drive down the road just hoping and praying they'll get uppity and check me for a drivers license, too.

Interesting......do you have any comments that relate in any way to our conversation?

Let me guess, hiding your gun and waiving your other rights is the "responsible" way to exercise them.
OK, I better go read my Constitution again.

Absolutely not. I support your right to carry your gun hanging from the bill of your cap if that's how you want to carry. But.......do it with a video camera attached to your face trying to goad the police into a reaction in my neighborhood, and that is what reasonable people.......i.e. people other than your ilk would consider suspicious.

Not only will you have a problem with the police, you'll have one with me, not because of the legality, or the poor judgment, but because of the lack of respect shown to an officer sworn to protect you.......whether you asked for it or not.

People on this forum act like they have all the legal answers. The fact is that most of us don't have the first clue, and the answers to the OP on this very thread are a sterling example. When asked if he could open carry in Indiana or if he had to follow the limits of his license from out of state he got at least three different answers, most if not all of which would land him in jail or cause him to forfeit his gun rights for the rest of his life. So, please....don't tell me what you think LEOs are entitled to ask or what YOU think the law says about it. I don't want to hear it.

 

[NDguido]

A "responsibility" to answer a question that has NOTHING to do with why you have been stopped? (Assuming you are stopped for a traffic violation)

so?

You might want to read that Constitution again...

Still found nothing saying he can't ask you if you have a gun.....or if you've been drinking.......or if you've been taking drugs.......or where you're going......or where you've been.

 

[MinuteMan47]

so?

Still found nothing saying he can't ask you if you have a gun.....or if you've been drinking.......or if you've been taking drugs.......or where you're going......or where you've been.

...and?

I have no "responsibility" to answer those questions.

 

[Delmar]

I think thats the prudant approach....

Now....In the meantime, If you all would get to making it legal to carry at the Horseshoe, Id really appreciate it. (Ive walked through COMPTON, unarmed, and not been as scared as Ive been in the Horseshoes parking garage....)

Ohio Stadium?