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Harassed by Highland Det. in Meijer

ntrngr

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May 21, 2009
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Woo! Hoo! Yeah! Finally. don't want to punish anyone, but, DANG IT! Follow the freaking laws!

You Are A Great American!

...a hero of sorts. Don't say "Oh, no, not me." Just say, "Thank you."

You're welcome!

I'm down here in Terre Haute and open carry some. Not been hassled or anything at all (except by my father in law).

Everyone should just say, "Break out the cuffs and lets go."

Wow! That detective should be thanking you for not filing charges. In fact, he should push your cart for you next time you shop at Meijer.

-NR
 

GoldCoaster

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Haha, Yes sir, would you like me to pick out some nice apples for you sir? how many sir? no not that one sir, it has a bruise. thank you sir, it has been my pleasure to serve you sir.
 

Hobie8

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What is Gary's pre-emption thing about carrying? I jet-ski alot at Lake St Beach in the summer....is carrying period not legal in Gary? :?
 

2ndammendmentbrotha

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I am a large but well groomed black man withLtch and I'm sure that tax parasite aimed his gun at me and called for night.backup and concocted a reason to arrest me. I carry concealed unless walking at night. I have oc in some of the buisinessesthat I frequnt around Hammond. They used to give me funny looksbut not now.A cashier at Speedway once asked about my piece. I just explained to her that it was within thelaw.
 

ghengis86

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Went to CVS to pick up some cranberry and vodka. A Highland patrol officer was standing in line in front of me (looked all of 19). Looked at me, looked at my gun, offered a slight nod and was on his way. like it ought to be
 
M

McX

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Sounds like it's getting to be America over there in Indiana. Damn sight better than here in Wisconsin. So whats the poop on your permit system, does it give you OC and CC in one? How much? Any non-res. avail? Sounds like you guys are making great strides. Were stuck in gridlock.
 

Section32

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ghengis86 wrote:
Okay, here’s how it all went down.

 

I met the commander and detective in the commander’s office and we sat down to go over what happened and the status of open carry in Indiana.  The commander started off by saying again that I was completely in the right.  I thanked him for researching this as thoroughly as he did and then I took a minute or two to just explain how poorly I thought the detective handled the situation.  The det. was defensive and our discussion got a little heated (“I never threatened you with arrest” “You were yelling too”).  He also said that if a cop sees a gun they have a right to ask for your permit.  Again, I said yes, you can ask, but I don’t have to show you.  I made the point that only if he has reasonable articulable suspicion that I was or am committing a crime could he compel me to show my permit.  We went the copy of the IC 35-47-2 (since he insisted that it was in there) I brought with me, and the commander produced some law enforcement FAQ/guidelines that they were basing the “you have to show me your permit if I ask”.  However, when we read the guidelines together, I made sure to clearly point out that it said that they may ask for your permit only if they feel you’ve been involved in an incident (RAS) or if they’re investigating a disturbance.  I also made the point that they can’t stop every Mexican on the street and ask for a driver’s license, just because some may be illegal aliens.

 

The commander then said that if I wish to file an official complaint that there is a procedure that he can explain and if I wish to file charges, there is another procedure to take.  I said that I have no intention of dragging the detective through the mud and that I only brought up the relevant codes to underscore the seriousness of the incident. 

 

This is where the discussion became very productive.

 

I explained to them that “we’re on the same team.  I hate murderers, rapists, robbers and criminals just as much as you do.  I take the law and the safety of my family very seriously.  We have the same goals.” Etc. etc. etc.  The detective said that they deal with scum all day, everyday and can understandably be on edge whenever they see a firearm.  He said every call could be a life or death situation.  I said I understood, but that as a citizen, I sometimes get the same feeling towards LE.  I referenced the two Chicago cops that in the past two months, killed a couple people in separate drunk driving incidents as well as the BART subway murder (which they knew about), so I got some head nods in agreement and “True, that’s right”.

 

He also said they never get good press, only bad press.  “You could save 100 lives and only get a few lines in the paper, but one bad cop abuses a perp and it’s front page news”.  I said I understand, but that conversely, there are tens of thousands of cases a year where citizens use firearms to stop a crime or protect their homes, but the media only reports the time where a guy goes crazy and shoots up a post office or school.  Again, they nodded in agreement and said they understood that it goes both ways.

 

The detective said that he meant no disrespect to me or my family and was sorry for the way things escalated and I said that I wasn’t out to get him or press charges and after we left the room, I would consider it water under the bridge.  We shook hands and ended with a bit more respect for each other than when we entered, I’m guessing. 

 

There’s a lot more that we talked about that I left out here, but we discussed the 2A, other states carry laws, gary’s grandfather prohibition on carrying (passed before pre-emption) which they were somewhat surprised to learn, self protection, home defense, crime rising during recession/depressions, a local incident where a couple used a gun to stop a robbery, another local incident where the cops shot a man threatening them with an AK, and lots of other pertinent issues.

 

All in all, it turned out better than I hoped and was a great opportunity to learn a few things, both for the LE and myself.

 

Epilogue:  The commander showed me an e-mail he sent to the entire department on open carrying and how it is permitted by those with a LTCH.  I briefly spoke to the chief as well and he was very receptive and accommodating. 

I read through the referenced code and could find nothing that addresses a request by LE to produce a permit. Can you please identify the specific section that addresses this?
 

Jubbie

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So far as I can find there is no statute saying that just because an officer sees you with a gun, that you have to show him your LTCH. The only legal way for him to ask for any ID is for him to catch you breaking the law. If LEO asks to see your license, just ask if you are being detained for breaking a law. More than likely the reason he asks to see it (if you didn't break any laws) is that he doesn't know or does know and is just being a d*** about OC being legal.

IANAL
 

Section32

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Genghis: I ask you again to please cite the section of code where this is written:

"However, when we read the guidelines together, I made sure to clearly point out that it said that they may ask for your permit only if they feel you’ve been involved in an incident (RAS) or if they’re investigating a disturbance. "

Not trying to pick a fight here. I am developing my own response plan for when this inevitably happens. I want to be very certain that I am legal at all times, especially in the heat of the moment. If there is a section of code that spells this out, I want to be able to cite it chapter and verse. OTOH, I also don't want to be detained for failing to produce ID if the LEO lawfully do so.
 

Jubbie

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Was at the Highland Meijer yesterday, OC'ing like I always do there (at least when the weather is warm enough to not wear a coat). Walked all the way around the store and was finally in the outdoor garden center to get garden supplies. Highland officer calls from behind me. Told me someone inside was concerned about me open carrying, then informed me he knew it was legal for me to carry that way. I was taken by surprise that he knew it was legal, and didn't seem to be against me carrying that way. He asked if I was LE, I am not. Asked if I had a permit, I said, "No, I have a license." He then asked if he could see my permit. He noticed my addresses were different on my driver's license & LTCH. He is under the impression they have to match, I informed him all I had to do was inform Indianapolis of my change of address, which I did back in 2006 when I moved. Told him to check with Officer Potesta since he researched Indiana gun laws in the past. Was a nice conversation, I'm hoping he checked up on the change of address rule. He asked if I could conceal, I said sort of since I was wearing jeans & a t-shirt, the t-shirt did a really crappy job of concealing. I'd be more afraid of someone carrying that way than someone OC'ing, then again I OC all the time so I am biased. I know I didn't have to conceal just because he asked, but it was such a friendly encounter I did it out of respect. He could've come up to me huffing & puffing and ordering me to cover it, just like the Hammond Chief of Police, but this guy didn't, he stayed respectful. If he was like the Hammond Chief, I would not have covered up, just like I didn't cover for the Chief. He asked how often I was approached about OC'ing, I replied once, maybe twice a year.

For the record, my interactive experiences while OC'ing:

Fall of '08, Wal-Mart Manager in Terre Haute, very nice, just concerned, allowed me to continue shopping while OC'ing.

Summer of '09, Hammond Chief of Police while walking my dog. He was very rude and didn't know the law, so I continued OC'ing against his wishes. Nothing came of it, except me calling Highland's Officer Potesta about it.

April 11, 2011, as stated above.

Thanks again OP, you made an impact on the Highland police. I really need to print out all the Indiana gun laws to pass out. I'll only have to print out 2/year though.
 

BGordon42

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McX wrote:
Sounds like it's getting to be America over there in Indiana. Damn sight better than here in Wisconsin. So whats the poop on your permit system, does it give you OC and CC in one? How much? Any non-res. avail? Sounds like you guys are making great strides. Were stuck in gridlock.
Indiana's License To Carry Handgun (LTCH), as well as Indiana law, does not specify the manner in which we have to/can carry our handguns. If we wish to OC, we OC. If we wish to CC, we CC. And sorry, but no, Indiana does not offer a non-resident LTCH.
 

protias

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BGordon42 wrote:
McX wrote:
Sounds like it's getting to be America over there in Indiana. Damn sight better than here in Wisconsin. So whats the poop on your permit system, does it give you OC and CC in one? How much? Any non-res. avail? Sounds like you guys are making great strides. Were stuck in gridlock.
Indiana's License To Carry Handgun (LTCH), as well as Indiana law, does not specify the manner in which we have to/can carry our handguns. If we wish to OC, we OC. If we wish to CC, we CC. And sorry, but no, Indiana does not offer a non-resident LTCH.
But you do honor non-resident permits! :D :celebrate
 

Timjoebillybob

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BGordon42 wrote:
Indiana's License To Carry Handgun (LTCH), as well as Indiana law, does not specify the manner in which we have to/can carry our handguns. If we wish to OC, we OC. If we wish to CC, we CC. And sorry, but no, Indiana does not offer a non-resident LTCH.
Actually IN does offer a non-res ltch. But you have to have a regular place of business or employment in the state though.

http://www.in.gov/legislative/ic/code/title35/ar47/ch2.html

protias wrote: users/21707.html
But you do honor non-resident permits! :D :celebrate
Yep we honor all carry permit/licenses. Easiest/cheapest one to get for IL or WI residents is Pennsylvanians $26 for 5 years, and no training requirement. If your state offers a carry permit you have to send a copy but if your state does not issue one (IL, WI, VT) all you need to do is send them a copy of your DL.

http://www.co.centre.pa.us/sheriff/license_application.asp
 

txgho1911

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Indiana honors permits/licenses issued by any state or country. You may carry according to the terms of that license. So if your permit says concealed then you may not carry open. If Russia issued you a license to carry your pistol in the front of your pants then that is how you may carry in IN.
 

protias

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txgho1911 wrote:
Indiana honors permits/licenses issued by any state or country. You may carry according to the terms of that license. So if your permit says concealed then you may not carry open. If Russia issued you a license to carry your pistol in the front of your pants then that is how you may carry in IN.
I don't think that is how IN does it. How are police are going to know the laws of every other state. Some ignore/don't know the laws in THIS state.
 

txgho1911

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What is listed on the license. A CHL would be for a concealed handgun license while other will say other thins. Basic rules listed on the back.

IC 35-47-2-21
Recognition of retail dealers' licenses and licenses to carry handguns issued by other states
Sec. 21. (a) Retail dealers' licenses issued by other states or foreign countries will not be recognized in Indiana except for sales at wholesale.
(b) Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana.
As added by P.L.311-1983, SEC.32.
 

Superlite27

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My Missouri resident CCW allows me to conceal my otherwise lawfully open carried firearm.

What doI do in Indiana?

Am I required to conceal it? It is a licence to Carry a Concealed Weapon. Here in my home state, it merely allows me to conceal it if I choose to.

Why shouldI be MADE to conceal something in Indiana that I am not MADE to conceal anywhere else?

BTW:I will be visiting your fine state as I do on every occasion of the Indy 500. Although, I will be using myCCW that allows me to conceal my firearm to actually do so while in Indiana whether I am MADE to do so or not.
 

txgho1911

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If the license is for concealed carry then you must conceal it.
The Indiana LTCH is for carry only and does not specify how. You cannot openly carry in Indiana without a license. In MO do you need the license to openly carry?
All states should be constitutional carry as in openly or concealed with or without license. We are not there yet.
Every state's legislature seems repulsed to copy or compare theme selves to other states in so many areas. I am sure any state's license that does not say concealed or is named a concealed type license would be good for open carry.
 
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