open carry

[tlcmbc]

Ok, heres the question. Can we open carry in Indiana or not? I have been told and read yes and have been told No by a LEO. I have also been told yes BUT could be considered brandishing or something. So what is the real info? Thanks, and is there any proof it is ok if we were to get hassled

 

[NateIU10]

It's 100% legal

Cops don't know everything all the time. That being said, there's no way to guarantee you won't get hassled. It's a sad fact of life, but hopefully we can change that.

The proof that it's legal is that the IC does not refer to CC or OC, just the carrying. I believe the pink sheet of paper the LTCH is on talks about this.

 

[Prometheus]

It's 100% legal

Cops don't know everything all the time.

Correct. Also there are NO brandishing laws in the State of Indiana.

We have an open carry lunch tomorrow in St John next town south of Schererville. There is a post up about it. Come join us.

 

[Prometheus]

Thanks, and is there any proof it is ok if we were to get hassled

Proof? Have them read the LTCH you have. Have them read the Indiana Statues that allow carry. No where will you find the words "concealed" or "open" appear.

It is simply "carry".

 

[Scutter01]

There is no case law to support a brandishing charge when openly carrying.

This is a link to a Michigan Attorney General published opinion regarding brandishing. It's obviously not valid in Indiana, but there's no reason to assume the same logic wouldn't apply. It basically states that in the absence of a legal definition of brandishing which covers a holstered gun, the courts need to use the dictionary definition and that doesn't apply.

Opinion #7101

In the absence of any reported Michigan appellate court decisions defining "brandishing," it is appropriate to rely upon dictionary definitions. People v Denio, 454 Mich 691, 699; 564 NW2d 13 (1997). According to The American Heritage Dictionary, Second College Edition (1982), at p 204, the term brandishing is defined as: "1. To wave or flourish menacingly, as a weapon. 2. To display ostentatiously. –n. A menacing or defiant wave or flourish." This definition comports with the meaning ascribed to this term by courts of other jurisdictions. For example, in United States v Moerman, 233 F3d 379, 380 (CA 6, 2000), the court recognized that in federal sentencing guidelines, "brandishing" a weapon is defined to mean "that the weapon was pointed or waved about, or displayed in a threatening manner."

Furthermore, there is no statute on the books in Indiana that specifies how you must carry, therefore you may carry any way you wish.

That said, some will argue that prudence is occasionally wise. I will not get into the OC vs CC debate here as it's been hashed out ad nauseum on this board, and a quick search will show any number of posts on the subject.

 

[VUPDblue]

AGNTSA The search button is your friend.

 

[NateIU10]

AGNTSA The search button is your friend.

 

[melensdad]

Do ask LEO for legal advice.

They may not know and give you wrong advice.
They may know and give you the advice they want to give because it is easier for them.
They may know and give you correct advice.
They may know and give you department approved advice.

But in any case the LEO are not legal experts (that is not intended as an insult to LEO)