Told by FWPD illegal to OC in Indiana

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  • Bigtanker

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    I agree that they are in the wrong. You have the right to carry in the open.
    That being said, I would think about this. I have a close friend that would OC. He lives in Arizona. He was accused of pulling his sidearm out and threating a family. After being arrested, several thousands of dollars and a lot of missed work, everything was dropped. It was his word against theirs. The DA couldn't prove either story. So if somebody freaks because they see a gun or just want to start trouble, it can happen. It sucks because I loved to show off some of my wonderful guns but personally, I don't think it is worth it. I just keep them out if sight.
     

    AndersonIN

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    I agree that they are in the wrong. You have the right to carry in the open.
    That being said, I would think about this. I have a close friend that would OC. He lives in Arizona. He was accused of pulling his sidearm out and threating a family. After being arrested, several thousands of dollars and a lot of missed work, everything was dropped. It was his word against theirs. The DA couldn't prove either story. So if somebody freaks because they see a gun or just want to start trouble, it can happen. It sucks because I loved to show off some of my wonderful guns but personally, I don't think it is worth it. I just keep them out if sight.

    Could say the EXACT same thing if you were CC and they knew it. :dunno:
     

    Titanium_Frost

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    I agree that they are in the wrong. You have the right to carry in the open.
    That being said, I would think about this. I have a close friend that would OC. He lives in Arizona. He was accused of pulling his sidearm out and threating a family. After being arrested, several thousands of dollars and a lot of missed work, everything was dropped. It was his word against theirs. The DA couldn't prove either story. So if somebody freaks because they see a gun or just want to start trouble, it can happen. It sucks because I loved to show off some of my wonderful guns but personally, I don't think it is worth it. I just keep them out if sight.

    They can do that to anybody, not just an OCer. Hell you don't even have to own a gun to be accused of pulling one on someone.

    Just ask someone accused of child abuse or domestic violence. That is the state of society we live in. My motto is that I'm going to live my life the best way I can, be good to my wife and my family, go to church and do the Lord's work whenever possible and the rest of the world can kiss my ass.
     

    Mark 1911

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    What is this? Soviet Russia or Nazi Germany???

    Since when are we afraid of a COMPLETELY legal activity for fear of unlawful arrest and subsequent termination?

    What jobs do you guys have that would terminate you for being unlawfully arrested?

    I work in the nuclear power industry. I have unescorted access to some of the nuclear power plants run by our clients, my access is limited to the plants that I actually have to visit to do my work. A condition of my unescorted access is that I have to report any arrest immdediately, I believe it is within 48 hours but not sure of the actual time requirement (never been in that position before). If the arrest was unlawful, then hopefully that would come out in court and then of course, there would be no conviction and everything would be hunky-dory. Of course I would have to take the time out of a very demanding work schedule to go to court, and then hopefully common sense would prevail and the worst I would have to survive would be the stress (which would be pretty bad).

    The part I am not sure about is whether my unescorted access would be revoked at the time of the arrest, or if they would wait until there was a conviction. I know for certain that it would be revoked upon an actual conviction. If my access were revoked, I would suddenly be of no use to my employer, and I would be looking for another job, which would be in another industry because I would never step foot inside another nuclear plant for at least 5 years, if ever. Any other job I would find at this point in my life would pay far less.

    One thing your question has pointed out to me, is that I need to find out what happens to the unescorted access in the period between the arrest and the court date. I do not know the answer, and I will be making a call to find out.

    If my access was revoked at the time of the arrest and re-instated after I was found not-guilty in court, I am not sure how long it would take to put everything back together again. Maybe I would recover some of that cost, maybe not. Not sure how that would all come down, how much it would cost me in terms of actual lost income, how it would affect my employment, etc. But, I can understand why, if given the option, someone would opt not to to be arrested if it was their option.

    As for the person who said "I agree that they are in the wrong. You have a right to carry in the open", nobody was arguing that OC isn't legal. I OC all the time. The argument was about how to handle an officer who is obviously wrong about what Indiana Code does or does not allow. So, if I run into Officer Ignoramus, I may go along with his dumbass for the moment and opt to follow up with his superiors rather than let him arrest me. I have a hell of lot more to lose than he does. I can be a lot more effective from my keyboard than I can be while sitting in jail, and in the end, he will feel the heat a lot more than I do. And he may get an education in the process. He just might remember that the next time he sees me OCing.
     
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    DeadeyeChrista'sdad

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    Thought provoking and interesting thread. My congratulations to all of you for keeping it civil, if a little testy at times. And Cathy, yer killin' me. OP, as long as it doesn't conflict with counsel's advice, please keep us updated.
     

    T-DOGG

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    Thought provoking and interesting thread. My congratulations to all of you for keeping it civil, if a little testy at times. And Cathy, yer killin' me. OP, as long as it doesn't conflict with counsel's advice, please keep us updated.

    Will do. Thank you. All I will say at this time. ;)
     

    hardhit

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    I believe that this was a response of a single officer, not so familiar with the state regulation. Indiana doesn't provide a concealed carry permit unlike other states, it is called "license to carry handgun". There is no legal obligation to conceal the handgun, although it is advisable. Even Bryan Ciyou, a top firearms law attorney from Indianapolis, recommends concealed carry. Personally I wouldn't carry open and let everybody see that I'm armed, especially anybody that has something bad in mind.
    The Police Chief in Fort Wayne is clearly anti-gun and is proud of the amount of firearms that are taken off the streets every year. Unfortunately the shootings are not getting less and the gang problem is not solved by seizing a few firearms. I would ask for clarification and demand a clear answer from FWPD about open carry. Let me know if you get an satisfying answer.
     

    CathyInBlue

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    I believe that this was a response of a single officer, not so familiar with the state regulation. Indiana doesn't provide a concealed carry permit unlike other states, it is called "license to carry handgun". There is no legal obligation to conceal the handgun, although it is advisable. Even Bryan Ciyou, a top firearms law attorney from Indianapolis, recommends concealed carry. Personally I wouldn't carry open and let everybody see that I'm armed, especially anybody that has something bad in mind.
    The Police Chief in Fort Wayne is clearly anti-gun and is proud of the amount of firearms that are taken off the streets every year. Unfortunately the shootings are not getting less and the gang problem is not solved by seizing a few firearms. I would ask for clarification and demand a clear answer from FWPD about open carry. Let me know if you get an satisfying answer.
    :welcome: TO :ingo:

    I haven't been here but a few months myself, but I believe I have observed a 50%+ proportion of INGO is pro-OC, and within the pro-OC community, Brian Ciyou is one of the most cordially despised individuals walking the planet.
     

    Bill of Rights

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    Where's the bacon?
    "cordially despised"? How's that?

    Mr. Ciyou wrote a book (3 editions of it) on Indiana firearms laws. In that book, he gave the law, but also his opinions on it. Those opinions favor CC to the exclusion of OC, but, as his book is pretty comprehensive, some treat it as a (lower case intentional) bible of handgun carry in our state, and as such, his opinions are sometimes considered to be the law, facts notwithstanding.

    I believe Mr. Ciyou could repair some of that damage by clarifying which are law and which are opinions in his book, but I'm not the author of it.

    :twocents:

    Blessings,
    Bill
     

    LockStocksAndBarrel

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    I believe that this was a response of a single officer, not so familiar with the state regulation. Indiana doesn't provide a concealed carry permit unlike other states, it is called "license to carry handgun". There is no legal obligation to conceal the handgun, although it is advisable. Even Bryan Ciyou, a top firearms law attorney from Indianapolis, recommends concealed carry. Personally I wouldn't carry open and let everybody see that I'm armed, especially anybody that has something bad in mind.
    The Police Chief in Fort Wayne is clearly anti-gun and is proud of the amount of firearms that are taken off the streets every year. Unfortunately the shootings are not getting less and the gang problem is not solved by seizing a few firearms. I would ask for clarification and demand a clear answer from FWPD about open carry. Let me know if you get an satisfying answer.

    Welcome to INGO. :popcorn:
     
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    Mark 1911

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    I believe that this was a response of a single officer, not so familiar with the state regulation. Indiana doesn't provide a concealed carry permit unlike other states, it is called "license to carry handgun". There is no legal obligation to conceal the handgun, although it is advisable. Even Bryan Ciyou, a top firearms law attorney from Indianapolis, recommends concealed carry. Personally I wouldn't carry open and let everybody see that I'm armed, especially anybody that has something bad in mind.
    The Police Chief in Fort Wayne is clearly anti-gun and is proud of the amount of firearms that are taken off the streets every year. Unfortunately the shootings are not getting less and the gang problem is not solved by seizing a few firearms. I would ask for clarification and demand a clear answer from FWPD about open carry. Let me know if you get an satisfying answer.

    hardhit,

    Since I was the one who steered you to this thread when I saw you were from FW, just thought I'd just say thanks for chiming in. I didn't warn you about the perpetual OC v CC controversy that you will find here. Figured you would find out for yourself soon enough. I used to CC prior to this year, and it was at least partially due to information I gleened from my friends here at INGO that I changed my attitude on OC, that and also just being tired of trying to conceal in hot weather. OC or CC, I figure its a very personal decision, and everyone has to carry the way they feel most confident with and the way they see as best for them. It's sort of like the question of whether to wear a helmet or not to wear one in the motorcycle world - only takes a mention of the subject amongst riders to go from simmer to full boil! I guess its about the same thing here. I don't get invovled in the OC / CC debate here on the site. I figure we have enough of a fight with the politicians and the police - we don't need to be fighting ourselves. Regardless of how someone chooses to carry, that's fine with me. It's when the politicians and police think they can remove that choice, that's where I have a problem and that's the real problem I think we need to fight.

    Welcome aboard!
     

    jgreiner

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    What is this? Soviet Russia or Nazi Germany???

    Since when are we afraid of a COMPLETELY legal activity for fear of unlawful arrest and subsequent termination?

    What jobs do you guys have that would terminate you for being unlawfully arrested?


    I work for Purdue.....and I am not sure how they would react, though I would assume it would be NOT favorably, given the numbers of liberals that work here.
     
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