Driver License Check Returns Carry Permit

[mrjarrell]

It'll all be justified if it gets just one more BG off the street.

Or the officer makes it home safe.

 

[tk21k]

And if you do not have a weapon in the car they will simply ask, "Well then can I search it."

 

[IndyBeerman]

And if you do not have a weapon in the car they will simply ask, "Well then can I search it."

My standard reply would be, "Sure, as soon as you get a search warrant, I'll be more than happy to let you."

Now folk's here's a interesting question.

If he knows you have a LTCH through the database, then any and all actions after this by him concerning your firearm are a mute point because he knows you are legally licensed, correct?.

 

[Denny347]

Do state police agencies share data? How long until they do?

For instance: I'm driving through Canton, Ohio and get pulled over
for a burned out license plate light and it says I have a LTCH.....
(Although, I wouldn't have a gun on me.)
Do I need to worry about roid rage?

Yes and no. INBMV does share info other states and vise versa. That way I can run out of state drivers licenses to see if they are valid. However, I cannot get returns from every state and when I do get a return, they are very brief versions of the response you would have gotten in the home state.

 

[need4speed255]

I went on a ride along with a friend that works for IMPD's northwest district. He actually brought up the fact that the LTCH notification pops up when running a plate. I am fairly certain he said plate and not drivers license but I could be mistaking one for the other.

 

[Homebrew]

I went on a ride along with a friend that works for IMPD's northwest district. He actually brought up the fact that the LTCH notification pops up when running a plate. I am fairly certain he said plate and not drivers license but I could be mistaking one for the other.

So, if I'm driving my wife's car? You'd think it would be the DL, because they have that info from the application process.

 

[jedi]

Yes and no. INBMV does share info other states and vise versa. That way I can run out of state drivers licenses to see if they are valid. However, I cannot get returns from every state and when I do get a return, they are very brief versions of the response you would have gotten in the home state.

for now.. But just think of the money some company somewhere can get if they lobby congress to link all those DBs together.

 

[Oliver]

Now folk's here's a interesting question.

If he knows you have a LTCH through the database, then any and all actions after this by him concerning your firearm are a mute point because he knows you are legally licensed, correct?.

This was my immediate thought as well. I would like to know the answer from some of our local officers.

 

[redpitbull44]

I don't like forfeiting ANY of my information. Anecdotal info here though, every time I've been pulled over and told the officer I was armed, I got away scott free. Any time I've kept that info to myself, I've wound up with a speeding ticket.

 

[ejm874]

I don't like forfeiting ANY of my information. Anecdotal info here though, every time I've been pulled over and told the officer I was armed, I got away scott free. Any time I've kept that info to myself, I've wound up with a speeding ticket.

Your stats are better than mine. 1 stop OCing 3oclock so informed before reaching for wallet, still got a ticket. Could have been the 23 over though?

This occurred about 6 weeks ago, so may have been just before this information was included in a return. Interested in how this new information would have changed the officer's approach to/handling of the stop, if at all. Though for the sake of my insurance premiums I'll glady continue to wonder (at least until the deferral period is over...).

 

[rugertoter]

I have known about that for about a year and a half now. A county cop friend of mine told me about it.

 

[Stschil]

My standard reply would be, "Sure, as soon as you get a search warrant, I'll be more than happy to let you."

Now folk's here's a interesting question.

If he knows you have a LTCH through the database, then any and all actions after this by him concerning your firearm are a mute point because he knows you are legally licensed, correct?.

Good point. There will be unintended consequences with this one.
Hate to say it, but the possibility of this being abused is great.

Whats next? How many more ways can we "protect the children" by focusing on law abiding citizens instead of criminals?

 

[Spanky46151]

As I stated before, I'm not against this information being available to LEO's. In fact, I think that is a good thing. I'm just not down with the idea of that information being part of a "routine" driver inquiry. I believe receiving that information should be on a "need to know" basis and not a fact that is important to every driver's license inquiry.

As a officer, you're trained to approach each traffic stop with the possibility there may be someone in the car who may harm you. Knowing that the driver has a LTCH doesn't automatically mean the driver is a threat...just as getting a NOT ON FILE response indicates a driver is not carrying a gun.

I don't see this as an officer safety issue...period. I see this as, either intentionally or unintentionally, only adding a more ominous aura to those who do have a LTCH.

 

[T.Lex]

Dammit, Janet, I was going to post this!

If he knows you have a LTCH through the database, then any and all actions after this by him concerning your firearm are a mute point because he knows you are legally licensed, correct?.

I think that's correct. IMHO, when the officer gets the info about the LTCH, he/she loses any probable cause regarding carrying without a license. It almost renders meaningless the whole, "Do you have anything in the car I should know about?"

I'm not even sure the officer can ask if you have gun in the car. MAYBE so he can secure it, but I think that's a close call in a simple infraction situation. Better course would be something like, "Sir (or Ma'am, as the case may be), I understand you have a LTCH, as long as you don't go for your's, I won't go for mine."

Just MHO, though.

 

[Homebrew]

Dammit, Janet, I was going to post this!





I think that's correct. IMHO, when the officer gets the info about the LTCH, he/she loses any probable cause regarding carrying without a license. It almost renders meaningless the whole, "Do you have anything in the car I should know about?"

I'm not even sure the officer can ask if you have gun in the car. MAYBE so he can secure it, but I think that's a close call in a simple infraction situation. Better course would be something like, "Sir (or Ma'am, as the case may be), I understand you have a LTCH, as long as you don't go for your's, I won't go for mine."

Just MHO, though.

My father-in-law was pulled over a couple of years ago for speeding while we were headed to shoot clays, and he told the officer that he had a gun. The officer replied, "So do I!" I was in the passenger seat, and we all laughed.

 

[SMiller]

You are wrong, you can NOT to carry in IN with a out of state license when you are a resident here!

 

[kludge]

OK, this kinda sucks... but it is what it is...

IMO, all this tells a LEO is that you are a good guy and nothing more.

Now that they know though, they are bound by the Supreme Court decision that knowledge of the person having a LTCH is NOT probable cause for a search or seizure (even temporary, IMO, IANAL) of a firearm based on that information alone.

Now that they have that knowledge, even a temporary seizure will be suject to IC 35-47-14, and they will have to sign a sworn statement that you are "dangerous". Again, IANAL.

Indiana Code 35-47-14

 

[ATM]

I have known about that for about a year and a half now. A county cop friend of mine told me about it.

That's pretty amazing, as this linking to the BMV record just happened recently.

You are wrong, you can NOT to carry in IN with a out of state license when you are a resident here!

I think they cleared that up 17 hours ago.

 

[VUPDblue]

Not all LTCH holders are "good guys" IME. Most of the time they are but its not an absolute.

 

[Yup!]

You are wrong, you can NOT to carry in IN with a out of state license when you are a resident here!

Right - I admitted my error when it was Initially pointed out.