Elkhart Police Detain Andrew Champ for legally carrying

[MightySanta]

http://youtu.be/kgKRBi1H1PM

This is a friend of a friend of mine. Please make phone calls for answers regarding this. When they make mistakes, they need to be held accountable for them.

When asked for my handgun permit by two Elkhart Police Officers, I asked what crime I have committed. They said that they have legal right to stop anyone open-carrying a handgun. This is false. I explained that they have no legal right to harass me when I have committed no crime; and that carrying a handgun is not wrongful.

I am respectful to police and the scum they have to deal with on a daily basis. I was in a friend's local business with my family when they started questioning me, then handcuffed me in front of my friends, my fiance, and my daughter.

He told me I was being detained for "having a handgun in his pocket".

 

[lonehoosier]

First one in

IC 35-47-2-1
Carrying a handgun without being licensed; exceptions; person convicted of domestic battery
Sec. 1. (a) Except as provided in subsections (b) and (c) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body without being licensed under this chapter to carry a handgun.

With that being said LEO have every right to stop you and ask to see your LTCH in the state of Indiana.

Thanks for another black eye for us that OC

 

[1911ly]

Rights or no rights why **** off a cop? Geese just show your permit and go on your way. I am proud of being able to pass a background check. I would gladly show it! I don't get the mind set. If you are legal you are going to be able to go on your way with your gun. I don't feel sorry for anyone in this situation.

If he would have let you pass and you opened fire on someone 2 blocks down the cop would be at fault for not checking. It's a no win for him either way. Make is day easier and don't be an A$$ I say

Just my rock the boat.

 

[Compatriot G]

You are incorrect. According to the IC, the police DO have the authority to stop and check your LTCH if they see you carrying a handgun. Remember, it is illegal to carry a handgun in this state. One of the exceptions to this law are holders of a valid License To Carry Handgun.

 

[Prometheus]

The funny part about that, every single reason the cop gave as justification to harass and detain that gentleman was ruled illegitimate by the Fourth Circuit Court this month.

Too bad the 4th circuit decision hasn't been upheld by the USSC yet.

13C - Thirteen Colonies: Open Carry is not grounds for a non voluntary police encounter.

 

[Prometheus]

You are incorrect. According to the IC, the police DO have the authority to stop and check your LTCH if they see you carrying a handgun. Remember, it is illegal to carry a handgun in this state. One of the exceptions to this law are holders of a valid License To Carry Handgun.

So is driving a car.

It won't be long before the decision of the 4th Circuit applies to whole country.

It will be long overdue.

It baffles my mind how anyone can think this sort of behavior by law enforcement is acceptable.

 

[MightySanta]

So is driving a car.

It won't be long before the decision of the 4th Circuit applies to whole country.

It will be long overdue.

It baffles my mind how anyone can think this sort of behavior by law enforcement is acceptable.

 

[Compatriot G]

So is driving a car.

It won't be long before the decision of the 4th Circuit applies to whole country.

It will be long overdue.

It baffles my mind how anyone can think this sort of behavior by law enforcement is acceptable.

I didn't state it was acceptable behavior. However, until the law changes, it is within the law for them to stop and check you. Like it or not, that is the current situation in Indiana.

 

[lonehoosier]

The funny part about that, every single reason the cop gave as justification to harass and detain that gentleman was ruled illegitimate by the Fourth Circuit Court this month.

Too bad the 4th circuit decision hasn't been upheld by the USSC yet.

13C - Thirteen Colonies: Open Carry is not grounds for a non voluntary police encounter.

And that only applies to states that have constitutional carry. Please correct me if I'm wrong. Indiana does not have constitutional carry. You have to be license to carry a hand gun in public.

I would think that would only apply if you were on your property carrying a handgun. Which is covered under Indiana law with out a LTCH

 

[Compatriot G]

And that only applies to states that have consatotional carry. Please correct me if I'm wrong. Indiana does not have consatotional carry. You have to be license to carry a hand gun in public.

I would think that would only apply if you were on your property carrying a handgun. Which is covered under Indiana law with out a LTCH

Sort of correct. This only applies to states that allow open carry without a license. True Constitutional carry allows one to carry a handgun openly or concealed without a license.

Also, a ruling from the 4th Circuit Court only applies to the states of Maryland, West Virginia, Virginia, North Carolina and South Carolina.

 

[j706]

Oh yea real mature behavior from both parties (Filmer and the guy packing)as far as I am concerned. It is a simple thing to show your LTCH. As for the guy filming..as far as I am concerned you were inter fearing with an investigation by acting like you were the guys lawyer or something. It is only that the officers were being considerate that they even spoke to you. Myself? I would have probably told you to take a hike.

 

[dwh79]

I am a little confused you have to have a license to drive a car here in Indiana but the police can not just stop you and ask to see your drivers license can they without having a reasonable cause. I could be mistaken but if the person being questioned did nothing to arouse suspicion then I think they had no cause to question him. Now they can ask but not certain the person being questioned would really have to say anything to them.

Even if they can stop you it seems to me that they would mainly do that to harass you as they don't like you open carrying. Now if you look trashy or gangster I could see where that would in their mind give them reasonable suspicion that you were not legal.

 

[rambone]

I'm sure they would consider themselves "pro-gun" and "pro-2A" when they aren't shackling people for bearing arms.

 

[steveh_131]

Oh yea real mature behavior from both parties (Filmer and the guy packing)as far as I am concerned. It is a simple thing to show your LTCH. As for the guy filming..as far as I am concerned you were inter fearing with an investigation by acting like you were the guys lawyer or something. It is only that the officers were being considerate that they even spoke to you. Myself? I would have probably told you to take a hike.

I am not surprised.

 

[88GT]

Wonder how a LEO would respond to someone who is licensed but doesn't have it on his person.

 

[LANShark42]

Rights or no rights why **** off a cop? Geese just show your permit and go on your way. I am proud of being able to pass a background check. I would gladly show it! I don't get the mind set. If you are legal you are going to be able to go on your way with your gun. I don't feel sorry for anyone in this situation.

If he would have let you pass and you opened fire on someone 2 blocks down the cop would be at fault for not checking. It's a no win for him either way. Make is day easier and don't be an A$$ I say

Just my rock the boat.

Well said!! Those LEOs seem reasonable and more than patient, especially with his buddy filming the whole thing. As for this happening in front of his GF and child, he could have EASILY avoided it and made his point at another time when they weren't with him.

 

[dukeboy_318]

Wonder how a LEO would respond to someone who is licensed but doesn't have it on his person.

I had this happen once during a traffic stop, deputy saw my pistol, asked for my license, I couldn't find it(ended up being stuck to the back of my Kroger card lol ) but anyway, deputy said he'd make a call, don't know who he called, but he came back with a card with my name and permit number on it and gave it to me and said I was good to go. I'm not sure how many LEOs would go to that trouble, but the guy is now my local sheriff and has my vote.

 

[CathyInBlue]

Wonder how a LEO would respond to someone who is licensed but doesn't have it on his person.

You have to have it on you, or it's an automatic felony. It's the law, and the LEOs know the law. They have to. It's their job, and they know that if you don't have your LTCH in your possession, as well as your driver's license, and turn them over on demand, no matter where you are, they can arrest you on the spot. And the General Assembly never, ever changes that law, so there's no point in Law Enforcement ever going back and rereading the law that they already know.

 

[CarmelHP]

Sort of correct. This only applies to states that allow open carry without a license. True Constitutional carry allows one to carry a handgun openly or concealed without a license.

A good reason to press for the abolition of a need for a LTCH.

Also, a ruling from the 4th Circuit Court only applies to the states of Maryland, West Virginia, Virginia, North Carolina and South Carolina.

I think he made the point that it was not a national decision and applicable here. Frankly, I'm tired of police rousting gun carriers for no other reason than because they can. Has actual crime been otherwise eliminated in Elkhart?

 

[Trigger Time]

If the owner of the business gives you written permission to be on their property then you wouldn't have even needed a Indiana handgun kings permission slip to carry a gun and could have just stated that as they took you out of the business. But on the street you have to have the kings pink paper.

I'd just Hand them the license. They didn't seem to be rude jerks. I only watched like the first 5 seconds and after I saw the cops being what I would consider nice guys, I'm gonna be of the opinion the person refusing to show his permission slip is in the wrong not only legally but also of havin a jerk attitude problem with authority.

Obviously I support constitutional carry for Indiana. But until we can get that we must follow the kings law or be subject to the kings men. (No offense to individual officers but you do represent "the king")