Looks like a whole bunch of over stepping authority in this little bit of back and forth."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"
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.Seriously not rhetorical.
I suppose you would have tried to physically stop him?Sorry, I don't give 3 craps who you are. You are NOT removing my gun from its holster. Period.
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.He gave you an unlawful order, he demanded ID other than what is required by law, sounds like a complete assbag to me.
Sorry, I don't give 3 craps who you are. You are NOT removing my gun from its holster. Period.
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IC 34_28_5_3.5
If memory serves, the debate usually centers around "person stopped for an infraction or ordinance violation".
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.
Or a fat woman in her own back yard.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.
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.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.
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)
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.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...
Carrying a handgun without being licensed...
You don't need it on you.