Accidental Brandishing

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  • Ruiner

    Plinker
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    Mar 27, 2008
    134
    16
    West Lafayette, IN
    I normally don't worry about this, as I openly carry for the most part, but I conceal in places like the mall, movies, and a few others to avoid being asked to leave.


    Anyways, on the days I do conceal carry. ( ones I rather not dress up more professionally, etc.. ) I may wear a shirt over or jacket.



    What is the rule in Indiana about it being concealed? For example. If I go to the gas station with a jacket on, and reach for my wallet, and the gun becomes visible to the person behind the counter, is that ok? The other situation I've noticed is just wearing a button up shirt over it and the wind will blow it into the open with the shirt unbuttoned. I worry, as being concealed I feel like if someone sees it, they may get the wrong impression. When I open carry, it really is a non issue, as it's in the open and I have nothing to hide.


    I'm not trying to start an OC vs. CC by any means. This is an honest question, with how I feel. Just want to know what's allowed.
     

    Scutter01

    Grandmaster
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    2   0   0
    Mar 21, 2008
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    Carrying a holstered handgun is not brandishing. Since IN has no open carry laws, you can't be cited for carrying concealed and having your shirt flip up. IANAL, YMMV, etc.
     

    sparky241

    Expert
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    2   0   0
    May 18, 2008
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    i think it will ok as long as your not acting like your going to pull the gun out, If it stays in the holster youll be good to go but be warned some places might ask you to leave when they see it. I had the wind open my jacket at the gas pump one day and was asked to leave by a very scared female clerk
     

    Steelman

    Expert
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    3   0   0
    Jun 21, 2008
    904
    16
    Danville, IN
    i think it will ok as long as your not acting like your going to pull the gun out, If it stays in the holster youll be good to go but be warned some places might ask you to leave when they see it. I had the wind open my jacket at the gas pump one day and was asked to leave by a very scared female clerk


    So you got to leave with the free gas in your tank?

    ;)
     

    Ruiner

    Plinker
    Rating - 0%
    0   0   0
    Mar 27, 2008
    134
    16
    West Lafayette, IN
    Carrying a holstered handgun is not brandishing. Since IN has no open carry laws, you can't be cited for carrying concealed and having your shirt flip up. IANAL, YMMV, etc.

    That's what I was looking for. Thanks. I just wanted to make sure I was ok legally, so I don't worry about it when it happens.

    Just 6 more weeks and I can go back to carrying. I'm currently in Illinois at an internship.

    - Can't carry
    - Can't buy bullets ( no FOID card, and I refuse to get one )
    - Sucks!
     

    singlesix

    Grandmaster
    Industry Partner
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    1   0   0
    May 13, 2008
    7,219
    27
    Indianapolis, In
    That's what I was looking for. Thanks. I just wanted to make sure I was ok legally, so I don't worry about it when it happens.

    Just 6 more weeks and I can go back to carrying. I'm currently in Illinois at an internship.

    - Can't carry
    - Can't buy bullets ( no FOID card, and I refuse to get one )
    - Sucks!
    Since you are in a bordering state you shouldn't need a FOID card. Or at least that is what the person at Wal-mart stated when I bought some shells last year in IL.
     

    sparkyfender

    Master
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    14   0   0
    Mar 20, 2008
    1,640
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    Southcentral IN
    I've had the wind turn traitor on me several times -- especially when my hands are full of grocery bags or Wal-Mart baby suffocators -- and expose my holstered handgun for God and everybody to see.......


    If anyone noticed, I didn't notice that they noticed, and Life Went On.

    Nothing was said, nor would I have replied if something was.

    In Indiana, as long as you are not waving your pistols around like Yosmite Sam, you should be okay...............
     

    esrice

    Certified Regular Guy
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    20   0   0
    Jan 16, 2008
    24,095
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    Indy
    If you can open carry here in the great state of Indiana, then why would it suddenly be illegal if your shirt whipped up and exposed your weapon?? Its like open carrying, but only for a split-second.

    Your LTCH says that you may have a handgun on your person, period.
     

    Ruiner

    Plinker
    Rating - 0%
    0   0   0
    Mar 27, 2008
    134
    16
    West Lafayette, IN
    If you can open carry here in the great state of Indiana, then why would it suddenly be illegal if your shirt whipped up and exposed your weapon?? Its like open carrying, but only for a split-second.

    Your LTCH says that you may have a handgun on your person, period.


    I whole heartedly agree, the problem is that law makers are idiots, and I've never see or read about the specificity of "switching" while in the public whether it be due to wind, movement, or your own hand.

    Better to check, then to make assumptions. Right? :)
     

    Bill of Rights

    Cogito, ergo porto.
    Site Supporter
    Rating - 100%
    7   0   0
    Apr 26, 2008
    18,096
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    Where's the bacon?
    I whole heartedly agree, the problem is that law makers are idiots, and I've never see or read about the specificity of "switching" while in the public whether it be due to wind, movement, or your own hand.

    Better to check, then to make assumptions. Right? :)

    Yep. But IN law is silent on how you carry. As long as you hold a CCW permit/LTC/whatever from some state, you may carry however you wish to do so in Indiana.

    Blessings,
    B

    Woot! :woot: Post #300!
     
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