Carrying without a license (split from SCOTUS-McDonald)

[Eddie]

You are correct that veterans are supposed to be upright citizens and models of society but what happens when the civilian normalcy is not what the constitution you specified describes?

I don't have a problem with your thinking LTCH is unfair, just with your actions. You say that a LTCH is too expensive and unfair so you plan on breaking the law by ccing and if you get caught then you will challenge the constitutionality of the law. That sounds like the sort of rationalization that any criminal could use to take something that they can't afford to buy.

If you really want to be the test case then you need to either file a suit that says your are being "chilled" from exercising your rights or you need to go get arrested and defend your case.

The people you listed above like Rosa Parks and Gandhi all openly defied the law and challenged the system. You are just breaking the law and preparing a defense in case you get caught.

 

[IndyBeerman]

Of note, I think the problem (or *A* problem) he has with you carrying a handgun (and IndyBeerMan, correct me if I'm mistaken) is that the law, as written, forbids the carry of a handgun without a license, but says nothing about a long gun, i.e. SKS/AK. If you possess a mortar, IIRC, that falls under ATF's jurisdiction as a "Destructive Device"... and since I'm not aware of too many places one could lawfully purchase such a thing, it might constitute theft of government property as well. This is not to be taken as an accusation; I do not know anything about your possession of that item, and while context would suggest otherwise, you might be talking about a mortar you had access to while still in the army.

Yes sir, since he has a NC permit and is an Indiana resident, it is carrying w/o a license, matter of fact, now here's a great one.

His North Carolina permit is INVALID!!!!

Out Of State Permit Issue:
North Carolina does not issue permits to non-permanent residents. In order to obtain a permit you must establish permanent residency in North Carolina.

Since he is no longer a NC resident his permit is null and void. So he does not have a valid permit PERIOD.

How so? I didnt have a permit to carry my handgun while I served in the army.... Did that make me a bad person? no... unless you are saying all soldiers are gangbangers... You now have the second most asinine reasoning process I have seen on ingo.... I can carry my SKS, my AK or my mortar around, all of which could easily do more damage than 12 rounds of 40 caliber with no permit and thats acceptable.. But the moment i carry a pistol im a thug or a gangbanger.... lol.... Did you buy something called a "rock" near 21st and capital and smoke it?

No, don't do drugs, never have and don't need to start. Besides if I'm at 21st and Capitol it's because of my job, other than that, I have no other reason to be there. Now in your haste you fail to read correctly. I said that you are NO BETTER THAN. R e a d S l o w e r

Sir, while you was a member of the armed services, you was granted certain rights that allowed you to carry your service pistol (and other related devices) while on in a conflict area abroad and while on duty performing your job. I do believe that was not extended to anything outside the scope of your job and off base while off duty.

And its only a felony if I go into a no gun zone... if i get picked up on I65 or US 31 or else where its only a misdemeanor.....

i am a big scary 5'6 combat veteran with a criminal record for public intox?

Ahhhmmmm...

IANAL But.... a prosecutor might considered/construe your public intox as
as being a alcohol abuser, that sir will/can get you a felony arrest in Indiana.

Say hi to bubba, and since you mentioned you're 5'6" and your combative style here at times leads me to believe that he will enjoy your Napoleon Complex that you have.

 

[Bill of Rights]

Yes sir, since he has a NC permit and is an Indiana resident, it is carrying w/o a license, matter of fact, now here's a great one.

His North Carolina permit is INVALID!!!!

Out Of State Permit Issue:
North Carolina does not issue permits to non-permanent residents. In order to obtain a permit you must establish permanent residency in North Carolina.

Since he is no longer a NC resident his permit is null and void. So he does not have a valid permit PERIOD.

Good catch, IndyBeerMan

No, don't do drugs, never have and don't need to start. Besides if I'm at 21st and Capitol it's because of my job, other than that, I have no other reason to be there. Now in your haste you fail to read correctly. I said that you are NO BETTER THAN. R e a d S l o w e r

Sir, while you was a member of the armed services, you was granted certain rights that allowed you to carry your service pistol (and other related devices) while on in a conflict area abroad and while on duty performing your job. I do believe that was not extended to anything outside the scope of your job and off base while off duty.

If I may correct here, no. He was granted certain powers. Powers come from the people to their government, or to it's agents. Rights are inherent. His point is that he does have a right to bear arms in defense of the life God gave him.

Ahhhmmmm...

IANAL But.... a prosecutor might considered/construe your public intox as
as being a alcohol abuser, that sir will/can get you a felony arrest in Indiana.

Lastly, the law specifically defines what an alcohol abuser is, as I noted upthread. If he only has the one offense, conviction or not, he would not fit that definition, and in any event, it happened when he was 20; being 25 now would also negate it. Barring other offenses, all he need do is apply. A piece of paper, a couple of money orders, and some ink on his fingers, and 8 weeks or so later, he'd never have to worry about it again as long as he's an IN resident and remains within the law.

Say hi to bubba, and since you mentioned you're 5'6" and your combative style here at times leads me to believe that he will enjoy your Napoleon Complex that you have.

Blessings,
Bill

 

[kludge]

ArmyMP,

If you really want to be a "test case" you should OC, not CC... I mean if you really think it's your right to do so, put your money/liberty where your mouth is.

You might get 2A absolutist on your jury. But you have a better chance on winning the lottery than having someone like me on your jury. The prosecutor will make darn sure of that.

Even if you by chance are one of the rare CCW people that are forced to make the decision to shoot, and even if it is a TOTALLY righteous shoot, you will still be convicted of CWOAL.

Just get the license, after you wait out your three years, and carry something else for now. SCOTUS will uphold your convition. Even Justice Scalia.

Stupid kids make stupid mistakes - you said it yourself. Getting not stupid takes time. It's not a life sentence, but consequences help us learn. The more costly the mistake, the less we are likely to forget it, and help us change for the better.

(But I don't really believe that you are wanting to make yourself a test case).

 

[Bubba]

Since he is no longer a NC resident his permit is null and void. So he does not have a valid permit PERIOD.

I actually looked this one up yesterday. His permit may still technically be valid simply because he hasn't gotten caught, though it would be revoked in a heartbeat if the right people catch wise. Certainly under Indiana code he is not carrying with a valid permit, since we only recognize out of state permits when the permit holder is not a resident of this state. Also, NC code does not provide for the issuance of licenses to non residents. However, NC code does not specifically automatically invalidate handgun licenses for moving to another state. The NC general statutes say this:

Revocation or suspension of permit. (a) The sheriff of the county where the permit was issued or the sheriff of the county where the person resides may revoke a permit subsequent to a hearing for any of the following reasons:
(1) Fraud or intentional or material misrepresentation in the obtaining of a permit.
(2) Misuse of a permit, including lending or giving a permit to another person, duplicating a permit, or using a permit with the intent to unlawfully cause harm to a person or property.
(3) The doing of an act or existence of a condition which would have been grounds for the denial of the permit by the sheriff.
(4) The violation of any of the terms of this Article.
(5) The applicant is adjudicated guilty of or receives a prayer for judgment continued for a crime which would have disqualified the applicant from initially receiving a permit.
A permittee may appeal the revocation, or nonrenewal of a permit by petitioning a district court judge of the district in which the applicant resides. The determination by the court, on appeal, shall be upon the facts, the law, and the reasonableness of the sheriff's refusal.
(b) The court may suspend a permit as part of and for the duration of any orders permitted under Chapter 50B of the General Statutes. (1995, c. 398, s. 1.)

The code also requires:

(d) A person who is issued a permit shall notify the sheriff who issued the permit of any change in the person's permanent address within 30 days after the change of address.

Therefore, if ArmyMP notified the sheriff/CLEO of his former home within 30 days of his moving to Indiana, such notice serving as a de facto hearing and his license was revoked under 415.18(a)(3) in blue. However, if ArmyMP failed to notify the sheriff/CLEO of his change of address, his permit may still be technically valid until its expiration date. Of course, as soon as someone catches wise the CLEO will revoke ArmyMP's license using 415.18(a)(4) in red, correctly claiming ArmyMP violated 415.11(d). I don't know how formal the "hearing" process is accepted to be in NC, but there is the possibility that the license is still facially valid, since if he hasn't gotten caught yet the license can't have been revoked "subsequent to a hearing".

Full statue here: Chapter 14 - Article 54B

 

[ATM]

If you really want to be a "test case" you should OC, not CC... I mean if you really think it's your right to do so, put your money/liberty where your mouth is.

Exactly, however merely OCing isn't enough to even get you checked for a license in most areas.

 

[All Available]

Carrying without a license???.....

(A-Mis) in IN IIRC

 

[Bill of Rights]

Exactly, however merely OCing isn't enough to even get you checked for a license in most areas.

Nor should it be.

 

[singlestacksig]

thinking this could lead to a test case is silly.
The SCOTUS case will not change Indiana at all.
Indiana alread has a right to bear arms and the LTCH system has seen its cases..
if there is a requirement you think is to harsh, or to expensive , you have to sue for that.
but the shall issue system is valid.

 

[IndyBeerman]

I can carry my SKS, my AK or my mortar around

Forgot to address the mortar issue in the above post.

The mortar I think is that MASSIVE Potato gun he's got up for sale.

Good catch, IndyBeerManIf I may correct here, no. He was granted certain powers. Powers come from the people to their government, or to it's agents. Rights are inherent. His point is that he does have a right to bear arms in defense of the life God gave him.

Correct he does have that right I agree, but without a LTCH and exiting his property the right to using that handgun is not granted. He knows this and blatantly throws this out here for the world to be seen.

Follow the law, keep the handgun at home, take a shottie or a carbine, feel like he does not want to lug that rifle/shotgun/carbine around, well then he can use those BA hand to combat skeelz with a K-bar.

Do it right, if you can't get a lawyer to help you get a LTCH, use some intellectual brain power, study up, get a working argument and support your case to be granted a LTCH.

Work from within the system, get farther, faster and without peril to your safety.


Gosh I love this quote from the movie Hoosiers:

two kinds of dumb, guy that gets naked and runs out in the snow and barks at the moon, and, uh, guy who does the same thing in my living room. First one don't matter, the second one you're kinda forced to deal with.

 

[E5RANGER375]

lol, nice movie quote!!!

yep i think ArmyMP will be making a bad move if he tries to carry without a Indiana permit. If you carry with no permit you will go to jail. even if you left it at home, if a state cop catches you, then your going to jail. i dont know about local cops discression.

Plus if you carry without even getting a permit, just because you think its your right (even if constitutionaly it should be) then you are making it harder for the rest of us, who are forced to go along with the laws in order to keep our firearms. its the criminals who carry without permits that screw us all over, because they are the ones who commit violent crimes with guns and scare the sheep.

 

[jeremy]

WOW!!!

All I can say!!!

 

[kludge]

Carrying without a license???.....

(A-Mis) in IN IIRC

Yes, but D-Felony for second offense.

AND the A-Misdememanor CWOAL is something that could possibly get you denied your LTCH in the future.

(8) does not have a conviction for any crime involving an inability to safely handle a handgun;

 

[trnsplntfrmohio]

Oh dear lord. Please leave our state, and country now. You may not like the laws but it seems that as long as you can buy a handgun with passing a background check you can surely get a LTCH. If the money is an issue just get a 4 year like I did. Otherwise please don't carry. You will give honest law abiding citizens a bad rap.

 

[1032JBT]

ArmyMP,


I will be direct and blunt...........you may be a Veteran, but you lost any and all respect for that by blatantly admitting you know you are breaking the law and will continue to do so without regard to the laws you fought to protect. You have dropped yourself to nothing more than a common criminal in a lot of peoples eyes and an armed criminal in mine.

I know you could care less what I have to say about it so don't waste the bandwith.

Now to my real point...........if you really want to be that test case, then do it. Grow some ba**s and walk up to a cop and tell him you are knowingly and willingly breaking the law. Get it over with an just do it so you can stop bit**ing about it. And if you have an issue with just walking up to one in Franklin........then by all means, come up to Fishers and I will help you get your test case started.

 

[Panama]

I just read each and every post, all I can say is OMG!
Forget about growing a set of ba!!s, you need to grow a brain!

Dude if nothing else on earth matters to you this should, you go get your a&& arrested for carrying without a license,
THEN who in the HELL is gonna be buying your baby's formula, ME!
And every other law biding citizen of this state you hate so bad!

WTF are you thinking or drinking, or smoking?
Whatever it is STOP IT NOW!

Take care of your baby, get a LTCH and quite whining, if you can afford an illegal carry gun, you can afford a LTCH!

OH and learn how to use a spell checker!
Rant done