What to do when stopped for carrying a long gun...?

[Frank_N_Stein]

This brings up an interesting question. When a police officer runs your plate before he comes up to your window to talk to you. Does the fact that the registered owner of the plate or car come up in the database as a LTCH holder? And if it does will the LEO handle the interaction differently such as breaking the ice with "is there a handgun in the car, keep your hands on the steering wheel, etc." Just asking, curious.

LTCH info is attached to the DL, not the registration. I would have to run the registered ownerto find out if he/she has an LTCH.

That being said, I don't treat anyone any differently unless their firearm is pointed at me, a coworker, or anyone else it shouldn't be pointed at.

 

[Double T]

IC 34-28-5-3.5
Refusal to identify self
Sec. 3.5. 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.

Double T, what is the infraction or ordinance violation that makes your quoted IC applicable?

Terry stop. Gives leeway to making up an infraction. Just give your Name DOB and address and ask if you are free to go.

Simple as that.

 

[ArcadiaGP]

IC 34-28-5-3.5
Refusal to identify self
Sec. 3.5. 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.

Double T, what is the infraction or ordinance violation that makes your quoted IC applicable?

This is the answer to the OP.

It all comes down to this: Did you get stopped by an officer with a hair up his ass or a power-trip mentality? Or did you get stopped by someone that knows the law?

 

[KW730]

Terry stop. Gives leeway to making up an infraction. Just give your Name DOB and address and ask if you are free to go.

Simple as that.

Just because an officer makes up an infraction doesn't mean you have to identify yourself...Indiana is not a stop and ID state. It really seems like you're just grasping at straws now to keep your argument alive.

 

[Bunnykid68]

Frank, do you want to chime in here about a man with a long gun walking around? Does he have to identify himself to the best of your knowledge?

 

[mj.elder]

uhh totally legal, but in society today, totally not a good idea. cops are actually relatively uneducated from my experiences with them in indiana. It's a great way to get in a lot of trouble and potentially have your rights violated.

My understanding of indiana law is that you don't even have to declare a concealed pistol if you get pulled over by a cop in indiana. It has gotten me out of a ticket before, but it is not required i do not believe. Maybe someone can confirm that for sure?

 

[Car Ramrod]

This is the answer to the OP.

It all comes down to this: Did you get stopped by an officer with a hair up his ass or a power-trip mentality? Or did you get stopped by someone that knows the law?

Realistically, that's what it comes down to, in my opinion. As much as you want to not give in and do more than you are obligated to, sometimes it's just easier to give them enough, educate them, and be on your way.

 

[Car Ramrod]

uhh totally legal, but in society today, totally not a good idea. cops are actually relatively uneducated from my experiences with them in indiana. It's a great way to get in a lot of trouble and potentially have your rights violated.

My understanding of indiana law is that you don't even have to declare a concealed pistol if you get pulled over by a cop in indiana. It has gotten me out of a ticket before, but it is not required i do not believe. Maybe someone can confirm that for sure?

You have no duty to inform in Indiana. Be it open or concealed.

 

[Indy60]

LTCH info is attached to the DL, not the registration. I would have to run the registered ownerto find out if he/she has an LTCH.

That being said, I don't treat anyone any differently unless their firearm is pointed at me, a coworker, or anyone else it shouldn't be pointed at.

Thank you for the clarification and the reply. I thought the plate number would show the registered owner and the registered owners DL info could be accessed from that point. Maybe I watch too much Cops but seems like the LEO knows who they are pulling over or assume that person is behind the wheel before approaching the vehicle. Am I wrong?

 

[Double T]

Just because an officer makes up an infraction doesn't mean you have to identify yourself...Indiana is not a stop and ID state. It really seems like you're just grasping at straws now to keep your argument alive.

I'm not the one using a phone as a crutch

If you are carrying a long gun, and refuse to ID. I can just about guarantee you will be detained until you ARE ID'd.

Why waste the time of the officers and taxpayer money, when you can just tell them your name, DOB, and address? What if you do have a JBT asking you for ID? What if you do go to jail for the night and sit and have to ID yourself to a judge?

Not a very good thing to answer one simple question.

 

[KW730]

I'm not the one using a phone as a crutch

If you are carrying a long gun, and refuse to ID. I can just about guarantee you will be detained until you ARE ID'd.

Why waste the time of the officers and taxpayer money, when you can just tell them your name, DOB, and address? What if you do have a JBT asking you for ID? What if you do go to jail for the night and sit and have to ID yourself to a judge?

Not a very good thing to answer one simple question.

I very clearly stated in my first post that refusal to identify will most likely result in being handcuffed and detained. He didn't ask for anything other than whether he was required to or not, and I answered. I don't know why me correcting you caused you to get upset, but that's the internet.

 

[Car Ramrod]

I'm not the one using a phone as a crutch

If you are carrying a long gun, and refuse to ID. I can just about guarantee you will be detained until you ARE ID'd.

Why waste the time of the officers and taxpayer money, when you can just tell them your name, DOB, and address? What if you do have a JBT asking you for ID? What if you do go to jail for the night and sit and have to ID yourself to a judge?

Not a very good thing to answer one simple question.

True, but you are not obligated to answer the question as you are not breaking any laws, committing any infractions, or violating any ordinances.

You are not legally able to be detained unless you are breaking a law, committing an infraction, or violating an ordinance; regardless of what the LEO tells you. Officers are known to tell you what they need to tell you in order to get what they need/want/would like to know/hear.

 

[Bunnykid68]

True, but you are not obligated to answer the question as you are not breaking any laws, committing any infractions, or violating any ordinances.

You are not legally able to be detained unless you are breaking a law, committing an infraction, or violating an ordinance; regardless of what the LEO tells you. Officers are known to tell you what they need to tell you in order to get what they need/want/would like to know/hear.

Sometimes they do it anyway. I know a guy that got stopped for not carrying an AK-47, detained and handcuffed

But, sometimes you just have to walk to the front of that damn bus anyway

 

[92ThoStro]

I think this will be a good video for your question. By the video it seems like the law is the same as IN regarding identifying oneself. You don't HAVE to, if you did not commit an infraction, but it's a good thing to do, if you want things to go smoothly. Who knows, they might go smoothly if you don't identify yourself anyway. I think these officers in the video would keep asking, but they wouldn't detain him for not doing it. They said he was free to go. This is how all encounters should be. I watched this video after reading the Open Carry AR 15 thread. This guy does a lot of videos. But I am sure not all officers are going to be this friendly, as it depends on the particular person, and what their day has been like.

EDIT: Seems like I have a problem embedding videos. Here is the link
http://youtu.be/ehIt8l19C5k

EDIT EDIT: Uhh, it embedded the video with the link, without the embedding code, pretty cool INGO

 

[Car Ramrod]

EDIT EDIT: Uhh, it embedded the video with the link, without the embedding code, pretty cool INGO

Yea, it's pretty annoying. Some forums use one way, and others use a different way. It would be easier if they all worked the same, haha.

 

[dom1104]

This always works out great.

 

[Car Ramrod]

This always works out great.

Carry to elaborate, oh so helpful one?

 

[Movealongmovealong]

I'm not the one using a phone as a crutch

If you are carrying a long gun, and refuse to ID. I can just about guarantee you will be detained until you ARE ID'd.

Why waste the time of the officers and taxpayer money, when you can just tell them your name, DOB, and address? What if you do have a JBT asking you for ID? What if you do go to jail for the night and sit and have to ID yourself to a judge?

Not a very good thing to answer one simple question.

Totally agree. Contrary to popular repeating, it's ok to talk to cops if you use your brain properly. I have definitely talked my way out of some sticky situations with police by playing it cool and not be a PITA. A situation like this is so easy to handle as long as you are legal (proper person).

Remember, if you give them a hard time, they can give you a hard time too, and chances are really good they can give you a LOT more of a hard time than you can give them.

 

[dom1104]

Carry to elaborate, oh so helpful one?

No, not really.

Everyone already knows what I mean.

 

[Car Ramrod]

No, not really.

Everyone already knows what I mean.

No, not everyone.