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

[92ThoStro]

No, not everyone.

I think his signature is funny considering hehe

 

[dom1104]

I think his signature is funny considering hehe

 

[japartridge]

Might want to cite some IC for this. You HAVE to ID yourself.

Showing an LTCH is where firearms questioning ends regarding handguns. Since it is not required for a long gun, you need to provide either an LTCH or ID yourself to get them from actually cuffing you and taking you in for refusal to ID.

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.

By not IDing, you COULD be a felon with an illegal item in your possession. If you are not, why chance a misdemeanor?

no infraction, no ordinance violation, no reason to provide ID... the IC itself states this... if I'm doing nothing wrong, I don't have to provide my papers!!!

 

[japartridge]

Incorrect. It is illegal to be in possession of a firearm if you are a felon, thus you are required to ID yourself.

what the hell ever happened to innocent until proven guilty?

 

[japartridge]

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?

Jesus... since when did we as Americans become so concerned with being PC, and worried about what everyone else thinks? Personally I say screw society today... it's not that good in the first place!

Indiana does not require a LTCH holder to Identify, or acknowledge that they have a firearm while driving, or walking for that matter.

 

[jbombelli]

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.

Maybe I have nothing better to do with my time than waste someone else's time.

My attorney would love me being arrested for refusing to identify myself when I've committed no infraction or ordinance violation that the officer could articulate. A felon in possession of a firearm is committing neither an infraction nor an ordinance violation. I'm not a felon, and don't have to prove it to anybody.

 

[Kirk Freeman]

What if you do go to jail for the night and sit and have to ID yourself to a judge?

What would one go to jail for?

 

[griffin]

Might want to cite some IC for this. You HAVE to ID yourself.

...you need to provide either an LTCH or ID yourself to get them from actually cuffing you and taking you in for refusal to ID.

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.

By not IDing, you COULD be a felon with an illegal item in your possession. If you are not, why chance a misdemeanor?

I was going to tell you that you are 100% wrong, but since everyone else already has, I won't bother.

 

[j706]

Ok, I pretty much know what I need to provide and/or do when stopped for a "man with a gun" call when carrying a handgun. Basically give your LTCH when asked, and that's all that's needed.

Let's say I got a hair up my ass and decided to go on a walk and slung a long gun or shotgun across my back, and was then subsequently stopped by the police. Would I need to provide any information to the officer? I know I am not required to provide ID, but if asked for a LTCH and not carrying a pistol, would I still need to provide it? You don't need any permits, licenses, special permission slips to carry a long gun or shotgun, but would this be a case where I would need to show ID?

Easy...just say hello and don't make any goofy moves like un slinging the thing.

 

[Frank_N_Stein]

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?

Knowledge, you think I have knowledge? I'm just another dumb JBT, duh.

But if I did have knowledge, I would know that one does not need ID or an LTCH to carry a long gun down the street. But if said person were to commit an infraction or ordinance violation while carrying said long gun, he/she would have to provide ID to an officer if stopped.

 

[IndyGunSafety]

Might want to cite some IC for this. You HAVE to ID yourself.

Showing an LTCH is where firearms questioning ends regarding handguns. Since it is not required for a long gun, you need to provide either an LTCH or ID yourself to get them from actually cuffing you and taking you in for refusal to ID.

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.

By not IDing, you COULD be a felon with an illegal item in your possession. If you are not, why chance a misdemeanor?

You don't have to identify yourself unless the officer can articulate what infraction or ordinance violation you have committed.

 

[ArcadiaGP]

I wish I were an officer. In this situation, I'd stop just to commend them and ask them about the gun (make, model, etc...) with a good attitude.

Is it just something about joining the police force that turns people into jackasses, or do jackasses join the police force to bully people? Chicken or the egg...

 

[T-DOGG]

I wish I were an officer. In this situation, I'd stop just to commend them and ask them about the gun (make, model, etc...) with a good attitude.

Is it just something about joining the police force that turns some people into jackasses, or do some jackasses join the police force to bully people? Chicken or the egg...

FIFY. We don't need any cop bashing going on.

 

[ArcadiaGP]

FIFY. We don't need any cop bashing going on.

No you're right, and I agree. I've met and dealt with a lot of GOOD cops. But so many people complain about bad experiences they've had. I should have specified some, but it should be assumed

 

[Libertarian01]

To All,

If you feel you must ID yourself and want to do it legally and with the minimum of information to give out, simply carry your United States Passport and use it, and it only, for identification purposes.

It is a legal photo ID in every country on the planet INCLUDING the United States. Very few places, if any, could deny it as legally identification. Lawyers feel free to chime in as to who could deny it, but I don't believe anyone could legally refuse a US Passport as identification.

It lists your name, date of birth, sex, state and country of birth. That is it. Address NOT included.

While passports are most often used while traveling they are certainly legal in this country. I have used mine for several years in a row to vote. It is a listed accepted identification with the election board, naturally.

Regards,

Doug

 

[Titanium_Frost]

Been there, done that. Handcuff bruises to prove it-when I WASN'T carrying anything besides a voice recorder...

The point is what SHOULD happen and what COULD/MIGHT/PROBABLY will happen are completely different things. Be prepared to have your rights assaulted and infringed upon but hope for the best

Not every encounter like this seems to go bad but plenty do.

 

[KW730]

To All,

If you feel you must ID yourself and want to do it legally and with the minimum of information to give out, simply carry your United States Passport and use it, and it only, for identification purposes.

It is a legal photo ID in every country on the planet INCLUDING the United States. Very few places, if any, could deny it as legally identification. Lawyers feel free to chime in as to who could deny it, but I don't believe anyone could legally refuse a US Passport as identification.

It lists your name, date of birth, sex, state and country of birth. That is it. Address NOT included.

While passports are most often used while traveling they are certainly legal in this country. I have used mine for several years in a row to vote. It is a listed accepted identification with the election board, naturally.

Regards,

Doug

In Indiana, if you are in a situation where you would have to ID, you have to provide your address. The code was previously posted in this thread.

 

[Spanky46151]

Nope

Incorrect. It is illegal to be in possession of a firearm if you are a felon, thus you are required to ID yourself.

Better back up a step or three...

 

[Burnsy]

Might want to cite some IC for this. You HAVE to ID yourself.

Since it is not required for a long gun, you need to provide either an LTCH or ID yourself to get them from actually cuffing you and taking you in for refusal to ID.

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.

That is why. Long guns != LTCH. I am not required to ID in any way just because I am walking on a sidewalk with a long gun in this state. Handguns do require a LTCH to be produced or verified via radio as of late, technically not required on my person.

 

[Burnsy]

I wish I were an officer. In this situation, I'd stop just to commend them and ask them about the gun (make, model, etc...) with a good attitude.

Is it just something about joining the police force that turns people into jackasses, or do jackasses join the police force to bully people? Chicken or the egg...

Or you could leave a law abiding citizen alone and roll on. It's possible they are in a hurry and do no wish to be engaged in conversation.