what are my rights when I'm carrying a firearm?

[LockStocksAndBarrel]

Just conceal it. Most of this BS you are seeing is people out looking for confrontation.

Exactly. In my opinion people open carrying want attention. They want people to mistake them for an officer or they want to start something with law enforcement and make a scene.

And why is it we got rid of neg rep? Sure would be handy about now.

OP, good on you for asking the question. There is a ton of knowledge to be gained here by some really smart people. Stay with it and learn.

Try not to be discouraged by the 2A pretenders above and others like them. They have to open their traps in threads like this. They just can't help themselves because, you see, the way they do it is the only way anyone should do it.

They are elite and way smarter that the rest of us.

 

[Hammerhead]

Do the research yourself DO Not trust the Opinions of others on this form about this matter. Get educated about it The Indiana.gov site has all the State laws and facts concerning this. It's your life trust only the facts...

You do realize that there are quite a few of us here who know what our rights are, based upon the codified laws and case laws that pertain to carry and the responsibilities thereof? And that if we were to give out every law and case law every time we were asked this question or questions similar to this, that it would get repetitive real quick?

I realize that opinions are like a...well you know the rest. However there are people here who freely give of their knowledge so that others may be informed of their rights. That is, after all, the purpose of this community, to share information. I'm not saying one shouldn't research and become familiar with these things on their own, but isn't asking their learned colleagues doing that research?

I'm considering changing my sig box to hold all the relevant ICs and case laws. Then perhaps I can just direct people to it when it becomes a question. Then I can keep adding to it regularly when it needs to be updated with new information. What could I call that?

 

[Bill B]

Do the research yourself DO Not trust the Opinions of others on this form about this matter. Get educated about it The Indiana.gov site has all the State laws and facts concerning this. It's your life trust only the facts...

I'd like to add that the IC is only part of the equation, how the courts have ruled in various cases (Richardson, Washington, etc.) is just as important. If you have access to Lexis-nexus through a school or public library it is pretty simple to do a case search.
I'll second the motion for Guys' (Tactical Firearms Training) comprehensive indiana firearms law class. It is an excellent way to learn the legal pitfalls that may await you, as well as what your rights and responsibilities are under the law.

 

[Shootsforfun]

You do realize that there are quite a few of us here who know what our rights are, based upon the codified laws and case laws that pertain to carry and the responsibilities thereof? And that if we were to give out every law and case law every time we were asked this question or questions similar to this, that it would get repetitive real quick?

I realize that opinions are like a...well you know the rest. However there are people here who freely give of their knowledge so that others may be informed of their rights. That is, after all, the purpose of this community, to share information. I'm not saying one shouldn't research and become familiar with these things on their own, but isn't asking their learned colleagues doing that research?

I'm considering changing my sig box to hold all the relevant ICs and case laws. Then perhaps I can just direct people to it when it becomes a question. Then I can keep adding to it regularly when it needs to be updated with new information. What could I call that?

I agree totally with you, however thier are just as many on this forum that would spew half truths and BS....How would someone new to guns know the difference?

 

[Sticks]

Here is a relevant link:

Indiana Code 35-47-2

 

[Hammerhead]

I agree totally with you, however thier are just as many on this forum that would spew half truths and BS....How would someone new to guns know the difference?

By sticking around and seeing what others post?

I'm sure that if I suddenly started to reverse course and provide false info, I'd be chastised for it.

This community does a pretty good job of keeping the proper info flowing.

 

[ATM]

By sticking around and seeing what others post?

I'm sure that if I suddenly started to reverse course and provide false info, I'd be chastised for it.

Oh yeah, we chastise at the drop of a hat around here.

For instance:

This community does a pretty good job of keeping the proper info flowing.

Do you have a cite for that or is it simply your opinion?

 

[Shootsforfun]

By sticking around and seeing what others post?

I'm sure that if I suddenly started to reverse course and provide false info, I'd be chastised for it.

This community does a pretty good job of keeping the proper info flowing.

I believe that this site is a great "Source" of information. However I do not think it should be ones only source.....

 

[majew]

Recommend that you check out TFT's Indiana Gun Law course. A lot of good information and a day well spent.

do you know the next time this is happening? do they have a website? (not seeing one)

 

[Hammerhead]

Oh yeah, we chastise at the drop of a hat around here.

For instance:

Do you have a cite for that or is it simply your opinion?

Blankety blankin smart ass so and so.

 

[mbills2223]

Just conceal it. Most of this BS you are seeing is people out looking for confrontation.

 

[Jack Burton]

IANAL, but I've seen this question a hundred times, so here goes...

In Indiana you must show your LTCH if requested by a LEO. We do not allow open carry without a LTCH in Indiana..

A small but important correction... we do not allow CARRY without a LTCH in Indiana.

 

[jbombelli]

Just conceal it. Most of this BS you are seeing is people out looking for confrontation.

Exactly. In my opinion people open carrying want attention. They want people to mistake them for an officer or they want to start something with law enforcement and make a scene.

Why should doing something that's completely legal cause a scene with the police? The only answer is ... some police officers don't know the law they're sworn to enforce and don't care about your rights. Or they DO know, but are just total *** *****.


If the police knew the law and respected our rights, this wouldn't be an issue and all those youtube videos would look a lot different.

 

[KW730]

so let me get this right.....
im walking thru the park, an leo comes up for no reason and requests my LTCH, i am legally obligated to give that to him? got law for that? id love to see it.

Not this again...

In Indiana, carrying a handgun is a criminal offense. This means that if you have one in your possession while in public, you are automatically in violation of the law until you prove otherwise. You don't have to produce proof of being licensed, but enjoy your time in jail until you decide to change your mind.

 

[mbills2223]

Not this again...

In Indiana, carrying a handgun is a criminal offense. This means that if you have one in your possession while in public, you are automatically in violation of the law until you prove otherwise. You don't have to produce proof of being licensed, but enjoy your time in jail until you decide to change your mind.

Reference please?

 

[MikeDVB]

Reference please?

Sigh...

IC 35-47-2-24
Indictment or information; defendant's burden to prove exemption or license; arrest, effect of production of valid license, or establishment of exemption
Sec. 24. (a) In an information or indictment brought for the enforcement of any provision of this chapter, it is not necessary to negate any exemption specified under this chapter, or to allege the absence of a license required under this chapter. The burden of proof is on the defendant to prove that he is exempt under section 2 of this chapter, or that he has a license as required under this chapter.
(b) Whenever a person who has been arrested or charged with a violation of section 1 of this chapter presents a valid license to the prosecuting attorney or establishes that he is exempt under section 2 of this chapter, any prosecution for a violation of section 1 of this chapter shall be dismissed immediately, and all records of an arrest or proceedings following arrest shall be destroyed immediately.

The suspected crime is carrying a handgun without a license. The burden of proof is on YOU to determine that you are immune to prosecution because you are exempt from the statute via your LTCH. The way you prove immunity is to show the LTCH. If you don't you'll go to jail for carrying without a license until it can be proven that you do have a license.

 

[mbills2223]

Sigh...

Sigh wasn't really necessary. I was looking more for case law than code. Additionally, you'll note that the post I quoted claimed we are automatically in violation of the law until we prove that we are not. That is not how the code reads. It only states the burden of proof falls on us. To claim we are guilty until we show our LTCH is a bit drastic.

Looks like something we need to get changed.

 

[VUPDblue]

Sigh wasn't really necessary. I was looking more for case law than code. Additionally, you'll note that the post I quoted claimed we are automatically in violation of the law until we prove that we are not. That is not how the code reads. It only states the burden of proof falls on us. To claim we are guilty until we show our LTCH is a bit drastic.

Looks like something we need to get changed.

That is EXACTLY how the code reads, actually. It is not drastic at all, it is realistic. A person carrying a firearm is in violation of the code unless they can show they are exempt from the code because of the LTCH. If the code were any different, there would be no legal way to enforce the law against carrying without a license. This debate is not about constitutional carry, but rather the existing Indiana Code.

 

[mbills2223]

That is EXACTLY how the code reads, actually. It is not drastic at all, it is realistic. A person carrying a firearm is in violation of the code unless they can show they are exempt from the code because of the LTCH. If the code were any different, there would be no legal way to enforce the law against carrying without a license. This debate is not about constitutional carry, but rather the existing Indiana Code.

So I'm a criminal until I find a LEO to show my LTCH to? That is not how the code reads.

 

[majew]

So I'm a criminal until I find a LEO to show my LTCH to? That is not how the code reads.

I think what they mean is, if a leo asked to see your ltch your breaking the law until you show it to them. If you can't show your ltch your breaking the law, if you can your obeying the law