Sheriff Deputy tries to get me to leave Anderson Public Library.

[Exodus]

I would also find a new lawyer. Specially if you asked about having to show ID and he failed to find the right answer for you!

 

[Mr. Habib]

Have your attorney read Starr v State of Indiana.

 

[KG1]

"You know you can't have that in here, you need to go put it in the car." I say, "It isn't illegal unless something has changed. I'm not aware of any changes. I prefer not to put it in the car because it can be stolen, but I don't intend to put it in the car since it isn't illegal for me to carry here." We go back and forth a bit about if it is legal. He even says, (in his stern daddy voice) "Even if it isn't illegal, I'm telling you to put it in the car"

Looks like a whole bunch of over stepping authority in this little bit of back and forth.

 

[Bung]

I'll go back to get his name and copy/paste my post here, with some modification, and file it with the sheriff. Strange thing is, the last time I tried to call in to complain about a sheriff, I was told I can't do that at the Madison County Sheriffs office.

Seriously not rhetorical.

My son won't let me out of his sight. He followed me into the Indiana room and asked me to pick him up once we started to head downstairs. My son is a very open and extroverted kid. He normally takes well to strangers (in our presence) but he didn't want anything to do with this guy. Good kid.

Sorry, I don't give 3 craps who you are. You are NOT removing my gun from its holster. Period.

I suppose you would have tried to physically stop him?

He gave you an unlawful order, he demanded ID other than what is required by law, sounds like a complete assbag to me.

I guess I wasn't that clear. He never asked for my ID. It has been two previous encounters where I was asked for ID. The last officer told me that if I have it with me, I have to provide it.

 

[Trigger Time]

Sorry, I don't give 3 craps who you are. You are NOT removing my gun from its holster. Period.






*

same here. If it gets to that point ill be going to jail i guess and ill see them in court. Id like to see them explain putting the beat down on a disabled person.

 

[other dave]

The deputy's name tag didn't happen to read "B. Fife" did it?

 

[Bung]

IC 34_28_5_3.5

If memory serves, the debate usually centers around "person stopped for an infraction or ordinance violation".

Then it would apply. I would be getting stopped to determine if I'm violating law by carrying a gun.

The Good Faith Belief Act, Indiana Code Section 34-28-5-3, provides:Whenever a law enforcement officer believes in good faith that a person has
committed an infraction or ordinance violation, the law enforcement officer
may detain that person for a time sufficient to:
(1) inform the person of the allegation;
(2) obtain the person’s:
(A) name, address, and date of birth; or
(B) driver’s license, if in the person’s possession; and
(3) allow the person to execute a notice to appear.
The next successive statutory provision, Indiana Code Section 34-28-5-3.5, under
which Starr was convicted, provides:
A person who knowingly or intentionally refuses to provide either the
person’s:
(1) name, address, and date of birth; or
(2) driver’s license, if in the person’s possession;
to a law enforcement officer who has stopped the person for an infraction or
ordinance violation commits a Class C misdemeanor.

Since Starr wasn't being stopped for an infraction he had no legal obligation to identify himself, but if you are getting stopped because you have a gun, it looks like you would be required to show ID if you possess it or supply your name address and date of birth if you do not.

 

[Trigger Time]

I certainly dont see this as a good leo encounter. What he did was extreamly unsafe and wreckless an then when he knew it wasnt illegal for you to carry he still tried to use his possition as a leo to ask you to take it to your car. I could go on but whats the point. Id file a complaint immediately. Good job to you for remaining calm.

 

[AngryRooster]

The black Sony voice recorder sold at China-Mart for $50 fits perfect in a Fobus single mag pouch for a Glock 45. Records to an SD card, has mic on top and is clear as a bell. Don't leave home without it, for open carry it's a must.

 

[CathyInBlue]

same here. If it gets to that point ill be going to jail i guess and ill see them in court. Id like to see them explain putting the beat down on a disabled person.

Or a fat woman in her own back yard.

Since Starr wasn't being stopped for an infraction he had no legal obligation to identify himself, but if you are getting stopped because you have a gun, it looks like you would be required to show ID if you possess it or supply your name address and date of birth if you do not.

Even assuming you are carrying a handgun without being licensed under IC 35-47-2, that's neither an infraction nor an ordinance violation. It's a misdemeanor. Further, providing the physical artifact of the LTCH is providing name, addy, and dob, just like IC 34-28-5-3.5 requires, so it would be satisfied anyway by LTCH alone, no DL needed.

 

[Somemedic]

IC 35-47-14-3 Warrantless seizure of firearm from individual believed to be dangerous
Indiana Code 35-47-14

OC legalities:
Indiana law is silent on this issue; however, carrying an exposed weapon in public may alarm some people. Also, the right to carry a firearm may be restricted on private property and businesses by the owners. A law enforcement officer does have the right to inspect the permit. (wording is per indiana state police website)

In Delaware v. Prouse, 440 U.S. 648 (1979), the United States Supreme Court ruled that the police stopping vehicles for no reason other than to check the drivers' licenses and registrations was unconstitutional.

Malone v State 49A02-0701-CR-18, says that your sidearm cannot be seized without either A) a warrant, B) RABCOS, or C) RAS, but Malone was on his own front porch, not out and about.


This info, along with other court findings case law and ICs are stored in the notes portiin of my phone. I would advise anyone who carries to do this and keep that info handy if you are stopped.

 

[RobbyMaQ]

Proving one wrong, and educating someone, are two entirely different things. Sounds like you took the higher road.

 

[2A_Tom]

Hopefuly the DS was educated. That is one of the main purposes of OC as I see it.

After action reports here on INGO are for our education and information.

I have had a couple of these type encounters, some things I did right (keeping calm, being polite and turning on my recorder.0 some things I did wrong (not having my recorder with me last time).

 

[long coat]

Because the SD told him to put it in the car, but he didn't can he sue un SB292? (I'm not saying he should)

 

[2A_Tom]

SB 292 is now IC 35-47-11.1

 

[Bunnykid68]

Because the SD told him to put it in the car, but he didn't can he sue un SB292? (I'm not saying he should)

He would have to prove it

 

[grogie]

I loved the line, "Why are you open carrying?"... "Probably for the same reason you do." LOL

OP, I think you did a fine job, and better then I would have. We're just not use to confrontations as they are. He obviously enjoys the power trip he has.

Thanks for sharing your story.

 

[Mr. Habib]

Then it would apply. I would be getting stopped to determine if I'm violating law by carrying a gun.


Since Starr wasn't being stopped for an infraction he had no legal obligation to identify himself, but if you are getting stopped because you have a gun, it looks like you would be required to show ID if you possess it or supply your name address and date of birth if you do not.

Carrying a handgun without a LTCH is a misdemeanor, or a felony if on school property, NOT an infraction or ordinance violation. You have no legal obligation to identify yourself in that situation. If asked to provide ID you can tell them to pound sand if you wish.

 

[ArcadiaGP]

Carrying a handgun without a LTCH is a misdemeanor...

Just want to correct the wording on this: Carrying a handgun without being licensed...

You don't need it on you.

 

[JetGirl]

Carrying a handgun without being licensed...

You don't need it on you.

This ^ is correct.