So my girlfriend and I were doing some christmas shopping and i happened to be open carrying. We entered in thru sears. I checked the doors and made sure they weren't a posted no carry zone. We entered the mall thru Sears and I didn't see any signs anywhere saying I couldn't carry my firearm. We were in Kirklands when a security guard and ft wayne leo came up to me out of no where. The leo tells me to keep my hands away from my gun and goes on to state this is private property and that Im not allowed to carry in the mall. He said there were signs at the entrances saying that no weapons were allowed. The officer was kind of a dick. He kept telling me his opinion as if it were law as he escorted me out of the mall saying I need a more secure holster and that I need to get one that can be worn concealed. I left and locked my gun in the car and returned to finish shopping. As I came back in I used one of the mall main entrances by TGIfridays and there were signs but not a single one mentioned anything about a weapons let alone firearms. To say the least Im quite pissed this cop had the balls to just stand there and lie to my face. Just curious what anyones take on this is. Im from ohio and have my cch. I didn't wanna try and argue with the leo since i wasn't sure on the specifics of open carry in Indiana
The way I read this, the cop was giving you the notice that the property owner did not want you OCing. The guard could have told you himself, I imagine, never calling the police. But, for whatever reason security had the cop at least as back up, and had maybe designated the cop to act on their behalf temporarily in the potential trespassing manner. Regardless of signs, the cop was giving you the legally important notification. Meaning, had you refused, I'm thinking you would have been cited or arrested for trespassing. I suspect it doesn't really matter whether there are signs. The in-person notification counts.
If the cop had been pleasant about it, things would have made more sense. But, some cops seem to specialize in creating confusion, also in making people think that they have to comply just because a cop orders it. Imagine if the cop had said, "Sir, excuse me. This is an official contact. The property owner is exercising their rights under the law and wishes you to leave. I must tell you that if you do not immediately begin walking with me to the door, I must arrest you for trespassing. Shall we go, sir?" "Oh, no, sir. I understand you are taken aback a little bit, and don't understand what is happening, I really do. But, that is not legally relevant. We must leave right now, or I will be compelled by my duties to arrest you for trespassing. Shall we go, sir?" Totally different way of accomplishing the same thing.
If you want to formally complain about the cop's demeanor and false information to his department go ahead. You have a 1st Amendment right to petition government for redress of grievances. However, you will first want to check carefully that you were not committing any gun offenses or anything in the jurisdiction where the encounter occurred. Cops screw up. And, that can include overlooking a cite-able offense that you can bring to their attention with a complaint.
