Indiana Brandishing Laws

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  • MoonRise

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    Jul 6, 2017
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    Hello. I have a question about the laws in Indiana (or lack thereof) regarding Brandishing. What constitutes as Brandishing a firearm? Last night I witnessed a situation, and I was wondering what Law Enforcement might have done if they had been called.

    Last night I was shopping at a local supermarket, just a little bit after midnight. There were 4 people in line at the register in front of me, 1 man and 3 women. The man was attempting to buy alcohol, but was unable to because the 3 women he was with were all under the age of 21. Federal Law [Edit: Indiana State Law, not Federal Law. My mistake. Apologies] states that retailers cannot sell alcohol to a party unless they are all able to prove they are 21 years old (I work in retail, which is how I know this). After being denied his purchase, the man began yelling at the cashier and lifted up the front of his shirt to show that he was carrying a handgun. A manager was called, the man continued to yell at the employees and manager, and continued to show that he was carrying a weapon.

    Eventually the group decided to leave. One of the managers said to him that he might not want to show off that he has a firearm if he is going to be screaming at retail employees, because it might be perceived as a threat. This sent the man into another yelling fit about how he has a conceal and carry permit, and that because he's going to be a cop in a year he knows the laws about carrying firearms. Finally, the group left, making snarky comments all the way out the door.

    So my question is, does his actions constitute as brandishing a firearm? Do you think police should have been called? Thank you for your input and time!
     
    Last edited:

    HoughMade

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    Oct 24, 2012
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    Indiana doesn't have any brandishing laws.

    There is a law against "pointing" a firearm. Lifting one's shirt is not "pointing".

    Federal Law states that retailers cannot sell alcohol to a party unless they are all able to prove they are 21 years old (I work in retail, which is how I know this).

    I would like to know what the citation to this law is so I can check it out for myself. I've seen hundreds of violations over the years where parents are shopping with their kids. I need to report it to someone.
     

    DeadeyeChrista'sdad

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    I just lifted up my shirt and looked, and apparently all I'm going to be in a year is a grub worm in a turtleneck. Guess I should put on some pants, before I get kicked out of another store...
     

    BehindBlueI's

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    Yup, no "brandishing" law. Pointing a firearm is a crime, unless you meet one of the exceptions, such as self defense. There's also Intimidation, but that requires more than just showing a gun. If he showed the gun and said "you will sell me the alcohol or else" sort of statement, or otherwise tried to get them to engage in some conduct against their will, that would be Intimidation. Threats for a prior lawful act would also count, such as "I'll shoot you for not selling me this" sort of statements.

    Simply showing a handgun isn't illegal, even if done while being an a-hat.
     
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    Jul 29, 2016
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    Wow. Not illegal, just horrible un-tasteful. Check out the johnson county shooting thread for a lesson on what happens if you start screaming at someone and flash a gun.

    Good on manager telling that punk off, good on that manger keeping booze away! Sounds like old boy doesnt need any outside influence to make a bad choice. The im going to be a cop next year garbage is annoying to.. hopefully false.

    This sort of behavior really rustles my feathers.


    edit: Great first post btw, welcome to Ingo.
     

    SSGSAD

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    Dec 22, 2009
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    Hello. I have a question about the laws in Indiana (or lack thereof) regarding Brandishing. What constitutes as Brandishing a firearm? Last night I witnessed a situation, and I was wondering what Law Enforcement might have done if they had been called.

    Last night I was shopping at a local supermarket, just a little bit after midnight. There were 4 people in line at the register in front of me, 1 man and 3 women. The man was attempting to buy alcohol, but was unable to because the 3 women he was with were all under the age of 21. Federal Law states that retailers cannot sell alcohol to a party unless they are all able to prove they are 21 years old (I work in retail, which is how I know this). After being denied his purchase, the man began yelling at the cashier and lifted up the front of his shirt to show that he was carrying a handgun. A manager was called, the man continued to yell at the employees and manager, and continued to show that he was carrying a weapon.

    Eventually the group decided to leave. One of the managers said to him that he might not want to show off that he has a firearm if he is going to be screaming at retail employees, because it might be perceived as a threat. This sent the man into another yelling fit about how he has a conceal and carry permit, and that because he's going to be a cop in a year he knows the laws about carrying firearms. Finally, the group left, making snarky comments all the way out the door.

    So my question is, does his actions constitute as brandishing a firearm? Do you think police should have been called? Thank you for your input and time!


    Had he been in my store, (I do ARMED Security), YES, he would have left, immediately, or Police, would have been called .....
     

    MoonRise

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    Jul 6, 2017
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    Valparaiso

    I would like to know what the citation to this law is so I can check it out for myself. I've seen hundreds of violations over the years where parents are shopping with their kids. I need to report it to someone.

    Truth be told, I don't know the actual citation. When we are trained for register, we are told we have to card anyone who appears to be an adult under the age of 40, via the federal law. Maybe it's complete BS, but it's what they tell us. I never looked into it myself. So yeah, there is a huge grey area.
     

    MCgrease08

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    That's a tough position to be in, both for the store clerk and you, as a customer in line behind them.

    Were you carrying at the time?

    Watching someone exposing a gun to intimidate a clerk would certainly put the old awareness meeting on red in a hurry.
     

    JettaKnight

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    Truth be told, I don't know the actual citation. When we are trained for register, we are told we have to card anyone who appears to be an adult under the age of 40, via the federal law. Maybe it's complete BS, but it's what they tell us. I never looked into it myself. So yeah, there is a huge grey area.

    Again, that's not Federal law.


    As per the scenario presented, I would have informed him that Indiana doesn't have a "concealed carry permit", only a License to Cary a Handgun, you know, to really get under his skin. ;)
     

    MoonRise

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    Fair. Maybe I am mixing up federal law and state law. My mistake, I apologize. I did find this indiana law online that states "The Excise Police would like you to know Indiana law requires permittees and their employees to check identification of any person under the age of 40 when conducting carryout sales." This must be what the retail policies are following.

    ISEP: Rules & Laws
     

    JettaKnight

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    Fair. Maybe I am mixing up federal law and state law. My mistake, I apologize. I did find this indiana law online that states "The Excise Police would like you to know Indiana law requires permittees and their employees to check identification of any person under the age of 40 when conducting carryout sales." This must be what the retail policies are following.

    ISEP: Rules & Laws
    :yesway:
     
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