You are cop for a day, what do you do???

[MikeDVB]

This may relate to another post.

Doesn't matter if it does or not - you asked a hypothetical question and you're looking for hypothetical answers. It doesn't matter if it hypothetically involves another post. In short, let's try not to derail this too much?

That said - if it does involve the other post, in that thread the person was trespassed and not arrested, cited, or ticketed.

 

[KG1]

I would arrest him for brandishing.

 

[Signal23]

Does this have anything to do with this thread, HELP: Banned from restaurant for CCW ? Trying to gain a different opinion in a different section of INGO?

On the contrary, I have already gotten, the exact same (opinion) answer I gave, and it was presented far better than mine.

 

[Signal23]

Doesn't matter if it does or not - you asked a hypothetical question and you're looking for hypothetical answers. It doesn't matter if it hypothetically involves another post. In short, let's try not to derail this too much?

That said - if it does involve the other post, in that thread the person was trespassed and not arrested, cited, or ticketed.

Correct, and I agree with that, and said so.

I also said, just like this case, it depends on how the story comes down, who is listening, and I stated that someone COULD be arrested, or cited and under the exact same IC. Ironic, a little anyway.

 

[Dirtebiker]

I would arrest him for brandishing.

Not in Indiana.

 

[MikeDVB]

Correct, and I agree with that, and said so.

I also said, just like this case, it depends on how the story comes down, who is listening, and I stated that someone COULD be arrested, or cited and under the exact same IC. Ironic, a little anyway.

I know what you're doing as I read enough threads on here daily... Just being above-board obvious for those that don't quite follow as closely as myself.

 

[Signal23]

Not in Indiana.

So brandishing is LEGAL in Indiana now????

 

[Signal23]

I know what you're doing as I read enough threads on here daily... Just being above-board obvious for those that don't quite follow as closely as myself.

100% cool, great, reps inbound.

 

[Bunnykid68]

So brandishing is LEGAL in Indiana now????

Find the law that says brandishing is illegal.

I don't care what the code says, if I am a cop for a day I aint busting anyones chops for exercising their 2nd Amendment right

 

[92ThoStro]

Well there is no law against brandishing a firearm in Indiana, only pointing one. Pointing one requires intent, otherwise anybody at the gun range could call the police when someone sweeps them. Going by your story, you had the gun in your hand, and you may have swept the clerk with your muzzle. That's dumb, but it is not intentionally pointing. Collecting the evidence and witness reports and sending it to the prosecutor is a good option. Otherwise, lecture them and let them go.
Would you be prosecuted, doubt it... but the operators of that store should bar you from ever returning.

So, if I was a cop for the day..

I would suggest they have me write you up, so you can not ever return or face criminal trespassing charges

 

[KG1]

Not in Indiana.

Find the law that says brandishing is illegal.

I don't care what the code says, if I am a cop for a day I aint busting anyones chops for exercising their 2nd Amendment right

Well there is no law against brandishing a firearm in Indiana, only pointing one. Pointing one requires intent, otherwise anybody at the gun range could call the police when someone sweeps them. Going by your story, you had the gun in your hand, and you may have swept the clerk with your muzzle. That's dumb, but it is not intentionally pointing. Collecting the evidence and witness reports and sending it to the prosecutor is a good option. Otherwise, lecture them and let them go.
Would you be prosecuted, doubt it... but the operators of that store should bar you from ever returning.

So, if I was a cop for the day..

I would suggest they have me write you up, so you can not ever return or face criminal trespassing charges

Do tell.

 

[MikeDVB]

Do tell.

Do tell, what?

 

[KG1]

Do tell, what?

About brandishing laws in Indiana. I was just curious.

 

[MikeDVB]

About brandishing laws in Indiana. I was just curious.

You quoted people saying there is no such law, and then said, "Do tell."

There is no law against 'brandishing' in Indiana... There, I did "do tell."

Can't cite a law that doesn't exist.

 

[KG1]

You quoted people saying there is no such law, and then said, "Do tell."

There is no law against 'brandishing' in Indiana... There, I did "do tell."

Can't cite a law that doesn't exist.

Exactly. I'm done.

 

[92ThoStro]

About brandishing laws in Indiana. I was just curious.

Brandishing means to have it out, in a way that someone feels threatened. This can include having it in your hand during an argument, or in this OPs case, as he walks up to the counter. Or if you walk outside and start waving it in the air yelling. You don't necessarily have to point it at someone.

Indiana only has a pointing law, if you intentionally point a loaded weapon ( or unloaded for a misdemeanor ) you will go to jail, if it isn't in defense of self, others, or property.

 

[churchmouse]

Cop for a day....what to do......I have a list...............

 

[MikeDVB]

Exactly. I'm done.

I don't understand why you started, you quoted people who already made the point only to have it made again?

 

[Kirk Freeman]

I would leave the gas station immediately and go hassle rhino. Maybe just drive behind him all day. Turn the lights on and then off again real quick. Use the PA to make funny sounds when he gets out to teach. You know, important public safety work.

As to the original scenario:

1. To me, everyone is not guilty. It's hard to shake that perception.

2. Maybe Crim Reck? Weeeellllll, no one was hurt, so don't think so.

3. Pointing a Firearm? Need high prob or conscious object. No got here.

4. Brandishing? Are we in frickin' Virginia again?

5. Maybe, just maybe misdemeanor Intimidation based on the Johnson case?? But that requires high prob or conscious object too.

What do you think, Joe?

 

[Sgtusmc]

If I was 'that guy', I'd have my own intelligence to know not to brandish my firearm in public. If I did momentarily make that mistake, the clerk buzzed the popo, and suddenly I'm being questioned, detained, disarmed, what have you...I'd hope that I was treated civily as I was informed (by evidence of video) what I did wrong. I'd expect to have my ID ran to see if I was a repeat offender. If it looks more like an honest slip, the cop should let me off with a warning. Too much frivolous red tape tieing up the judicial system.

If the clerk asks why I'm getting off with a warning, the cop should alleviate his/hers fear of the gun with a quick 2nd ammendment reminder.