I'm in the process of getting my ltch and I want to be as informed as possible when I do start to carry. I see a lot of videos online showing people being stopped by police just for open carrying a handgun. From what I've read it would seem that the police do not have the right to detain you and keep your gun if they do not suspect you of a crime. is that correct? if they say they are stopping you for just carrying can you request your gun back and leave? I've even seen people refuse you give the police their id and that seemed ok as long the police had to no suspension of a crime. If there is another thread about this please let me know I may have missed it. thanks.
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what are my rights when I'm carrying a firearm?
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netsecurity
Shooter
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. Those videos are from other states where you see the guys refusing to even give their names, because OC is legal there without a license/permit. In other words, cops cannot even ask them for any info there unless suspected of a crime, since carrying without a license is no crime. Here, if you are carrying, a cop could suspect that you do not have a license, which would be a crime, so it is definitely common for police to stop and check.
LEO should not take your gun, but you can't stop them if they do it for "officer safety". Once you show your LTCH you may ask if you are being detained, and if not they must let you walk away. You do not have to provide photo ID. If you do not have your LTCH, your drivers license will work, but they do have to call it in.
In Indiana you must show your LTCH if requested by a LEO. We do not allow open carry without a LTCH in Indiana. Those videos are from other states where you see the guys refusing to even give their names, because OC is legal there without a license/permit. In other words, cops cannot even ask them for any info there unless suspected of a crime, since carrying without a license is no crime. Here, if you are carrying, a cop could suspect that you do not have a license, which would be a crime, so it is definitely common for police to stop and check.
LEO should not take your gun, but you can't stop them if they do it for "officer safety". Once you show your LTCH you may ask if you are being detained, and if not they must let you walk away. You do not have to provide photo ID. If you do not have your LTCH, your drivers license will work, but they do have to call it in.
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thanks alot. I know different states have different laws. I just want to make sure I am as informed as possible when I start to carry.
IAANAL (I Am Also Not A Lawyer)
Under IC 34-28-5-3 and IC 34-28-5-3.5 I believe you are required to identify yourself if asked by an LEO.
They are not allowed to detain you unless they have suspicion of you commiting a crime. If you are stopped simply for legally carrying your gun, a show of your LTCH should end all questioning about it. This also goes for if your pulled over, and your gun comes up somehow. As far as the police being able to stop you for simply carrying a firearm based on what netsecurity said, I'm not sure if they can stop you for that. If that were the case, every officer who was asked what crime they felt the person was committing could simply say that they suspect them of being a felon (as that's a crime too)
Also there is not carrying in certain buildings, or schools. College campus carry is legal, but you can face repercussions of being a student there if you get caught if you are a student.
Under IC 34-28-5-3 and IC 34-28-5-3.5 I believe you are required to identify yourself if asked by an LEO.
They are not allowed to detain you unless they have suspicion of you commiting a crime. If you are stopped simply for legally carrying your gun, a show of your LTCH should end all questioning about it. This also goes for if your pulled over, and your gun comes up somehow. As far as the police being able to stop you for simply carrying a firearm based on what netsecurity said, I'm not sure if they can stop you for that. If that were the case, every officer who was asked what crime they felt the person was committing could simply say that they suspect them of being a felon (as that's a crime too)
Also there is not carrying in certain buildings, or schools. College campus carry is legal, but you can face repercussions of being a student there if you get caught if you are a student.
Not every person who posts a video on Youtube from open carrying are looking for confrontation. By that same attitude everyone driving a sports car is looking for confrontation. Contrary to popular belief, there really are a lot of people out there who simply want to make sure their rights aren't being violated in a stop.
Just keep on trolling... trolling... trolling...
Carry however you wish, be aware of the laws and your rights. They CAN ask you to see your LTCH and you have to provide it (or, at least, verify it which they can do via your social+dob or your DL).
If you want to be a hard-liner and refuse to show ID after showing your pink slip you can do so, and it's up to you. You have no obligation to ID once you show the pink because they no longer have a crime to suspect you of unless you were up to no-good regardless of the firearm.
I've OC'd for over a year and have - interactions with law enforcement. I've always recorded any interactions with law enforcement even prior to carrying simply to protect my rights and avoid 'he said, she said'.
If you want to OC, OC. If you want to CC, CC. If you want to discuss OC vs CC - do so -> here <-.
The same could be said by an anti-gunner about CCing.
Thanks for using their arguement.
I'm glad this will never happen to you because your weapon is invisible and will never be outed.
VUPDblue
Silencers Have NEVER Been Illegal !
Indiana Code said:
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.
ryanmercer
Expert
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.
themadmedic
Sharpshooter
- Apr 22, 2012
- 333
- 18
Recommend that you check out TFT's Indiana Gun Law course. A lot of good information and a day well spent.
Hammerhead
Master
If you are carrying (OC or CC, it's not invisible, you know) and you are stopped by a LEO who requests your LTCH, you can (and should) present it. You do not have to identify yourself further unless you are being suspected of an ordinance violation or infraction. This means that you do not have to show your driver's license (unless you are driving, you don't even need to carry it), nor do you have to ID verbally (name, DOB, address).
If you're wanting case law to speak of if/when you ever interact with a LEO, Richardson v. IN states that once your LTCH is verified valid, all inquiry into firearms must cease.
Even for OCers, interactions with LEOs are few and far between. I have only ever had one, and after I said I wouldn't cover up, the officer walked away - no LTCH inquiry, no jack boots to the neck, nothing.
If you're wanting case law to speak of if/when you ever interact with a LEO, Richardson v. IN states that once your LTCH is verified valid, all inquiry into firearms must cease.
Even for OCers, interactions with LEOs are few and far between. I have only ever had one, and after I said I wouldn't cover up, the officer walked away - no LTCH inquiry, no jack boots to the neck, nothing.
Knowing your rights is one thing. The guys above give good advice as far as quoting Indiana law, cases, and helping you understand how your LTCH is used. In reality not all police officers understand the law and your rights nearly as well as the folks who post on INGO. Not only do you need to understand your rights and Indiana law, but you need to know it well enough to respectfully educate others, like maybe a police officer, store manager, or even frightened citizen. Also, please understand that educating police officers is best done after the fact in the form of a complaint, or letter to a chief, or making them famous on INGO. This subject comes up a lot but I do not complain. Every time somebody shares an experience, it is something that we all can learn from. I've learned a lot more from a year reading INGO, than I have from 20 years carrying. It's always a good day when I get to learn something new.
Shootsforfun
Expert
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...
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