imported post
BBR-14,
You were well within your Rights to do what you did with your Firearm.
Indiana does have a Stop and Identify Statute, IC 34-28-5-3.5, however; this only applies whenever a Law Enforcement Officer has good faith that you committed a Infraciton or Ordinance Violation.
The text of that Statute is:
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.
As added by P.L.1-1998, SEC.24.
***This bolded section is important! Ordinace Violations for Firearms cannot happen against Licensed Indianan Citizens for merely Carrying a Handgun. Therefore, the stop was unjust! I doubt the Local Unit was in a State of Emergency, and even if it was, you were not trying to Sale the same, nor were you on their property!***
However, as you and I both well know, Indiana Law Preempts Firearm-related matter to The State of Indiana, except as provided under applicable Indiana Law.
IC 35-47-11
Chapter 11. Local Regulation of Firearms
IC 35-47-11-1
Applicability of chapter
Sec. 1. (a) Section 2 of this chapter applies to all units (as defined in IC36-1-2-23). All other sections of this chapter apply to all units other than townships.
(b) This chapter applies only if a statute expressly grants a legislative body the authority to adopt an emergency ordinance under this chapter.
(c) This chapter does not affect the validity of an ordinance adopted before, and in effect on, January 1, 1994.
As added by P.L.140-1994, SEC.13.
IC 35-47-11-2
Regulation of firearms by units other than townships
Sec. 2. Notwithstanding IC36-1-3, a unit may not regulate in any manner the ownership, possession, sale, transfer, or transportation of firearms (as defined in IC35-47-1-5) or ammunition except as follows:
(1) This chapter does not apply to land, buildings, or other real property owned or administered by a unit, except highways (as defined in IC8-23-1-23) or public highways (as defined in IC8-2.1-17-14).
(2) Notwithstanding the limitation in this section, a unit may use the unit's planning and zoning powers under IC36-7-4 to prohibit the sale of firearms within two hundred (200) feet of a school by a person having a business that did not sell firearms within two hundred (200) feet of a school before April 1, 1994.
(3) Notwithstanding the limitation in this section, a legislative body of a unit other than a township may adopt an emergency ordinance or a unit other than a township may take other action allowed under section 6 of this chapter to regulate the sale of firearms anywhere within the unit for a period of not more than seventy-two (72) hours after the regulatory action takes effect.
As added by P.L.140-1994, SEC.13.
IC 35-47-11-3
Emergency ordinances; adoption; conditions warranting
Sec. 3. The legislative body of a unit may adopt an emergency ordinance under this chapter if:
(1) a disaster (as defined in IC10-14-3-1) has occurred or is likely to occur in the unit; and
(2) a local disaster emergency has been declared in the unit under IC10-14-3-29.
As added by P.L.140-1994, SEC.13. Amended by P.L.2-2003, SEC.98.
IC 35-47-11-4
Emergency ordinances; procedures for adoption
Sec. 4. Notwithstanding any other law, if the conditions described under section 3 of this chapter are present within a unit, the legislative body of the unit may adopt an emergency ordinance under this chapter:
(1) without complying with the public notice and public meeting provisions of:
(A) IC5-14-1.5; or
(B) any other statute;
(2) on the same day that the ordinance is presented to the legislative body; and
(3) by a majority vote of the members of the legislative body.
As added by P.L.140-1994, SEC.13.
IC 35-47-11-5
Emergency ordinances; effective date; expiration
Sec. 5. An emergency ordinance adopted under section 4 of this chapter:
(1) takes effect on the date and at the time of the adoption of the ordinance; and
(2) expires the earlier of:
(A) seventy-two (72) hours after the time of the adoption of the ordinance; or
(B) a time specified in the emergency ordinance.
As added by P.L.140-1994, SEC.13.
IC 35-47-11-6
Restrictions on sale of firearms during emergency; declaration by executive or presiding officer
Sec. 6. If:
(1) the conditions described under section 3 of this chapter are present within a unit;
(2) an unsuccessful attempt is made to convene the legislative body for the purpose of adopting an emergency ordinance under this chapter; and
(3) in the case of a municipality, an unsuccessful attempt is made to convene the works board to act under this chapter as if the works board were the legislative body; the executive of a municipality or the presiding officer of a county executive may declare a restriction on the sale of firearms anywhere within the unit for a period of not more than seventy-two (72) hours after the restriction is declared. A declaration under this section has the same effect as an ordinance adopted under section 4 of this chapter and becomes effective and expires as provided in section 5 of this chapter.
As added by P.L.140-1994, SEC.13.
Although the Local Emergency Powers Law may be confusing, basically; Local Units, in addtion to Townships, may not Regulate Firearms, except: 1. On their own Property, 2. The Sale of the same, within 200 yards of a School, or 3. During a State of Emergency for the purposes of Saleing the same, as stated above, but for not more than 72 hours.
In Indiana, as you probably know, you need a License to Carry a Handgun on your Body or on or in a Vehicle, per IC 35-47-2-1. Since your Vehicle is your Property, and you were not trying to Sale the same, and you had a License under IC 35-47-2-3, then, you should be fine.
Local Ordinaces, if any, that the Officer acted under are Preempted per IC 35-47-11, and therefore, even if the guise of His Stop and ID against you was pursuant to a Local Ordinance, although He believed the same Lawful, it in fact, was not Lawful, and thus, invalides IC 34-28-5-3.5 against you, as noted in bolded section of that Indiana Code above.
However, although you and I both know you were within your Rights to act as you did, it would be best to bring the matter to the attention of a Trusted Attorney.
