On Monday September 1st

[Mr.Hoppes]

On Monday September 1st 2008 I was stopped by 3 Sheriffs from Vigo County as I was leaving a local eating establishment. I had seen them come in and eat as I and my family had at 9:30 am. When they stopped me, they inquired about my side arm on my belt. I was asked if I was a police officer or active duty military and I answered no. I was asked if I had a permit for the side arm and I answered affirmatively, and produced it from my wallet. I was then told that in the state of Indiana it is illegal to “open Carry” that the side arm must be concealed. I was told it said so on the permit if I would read it. Upon reading the permit the deputy couldn’t find the statement he claimed was there. I explained I had asked when I applied for my permit at the Vigo County Sheriff’s office and they said at the time it was preferred that side arms be concealed but it is not required. I have no problem following the law, in fact I want to be within the letter of the law. Indiana state web site which states:
“ IC 35-47-4-5
Does Indiana statute require me to carry the handgun on my person concealed or
exposed?
Indiana law is silent on this issue; however, carrying an exposed weapon in public may alarm some people. Also, the right to carry a firearm may be restricted on private property and businesses by the owners. Be attentive for signs warning of restricted areas when carrying firearms into public places. If approached by law enforcement for official business such as traffic stops or complaint related inquiries, it is recommended that you tell the officer in a non-threatening manner that you are carrying a weapon or have a weapon in the vehicle and that you have a valid permit. A law enforcement officer does have the right to inspect the permit.”

I have yet to decide what to do. I still open carry when ever and where ever Legal. I also Carry a copy of the statute for the next time.

 

[VUPDblue]

 

[slacker]

I just love that smiley, this site has a lot of great ones!

 

[bigcraig]

AGNTSA

It is legal, do so if you wish.

My preference is to keep it concealed.

 

[Bigum1969]

It's very surprising how much the Indiana laws regarding carrying a firearm are misunderstood by law enforcement.

How did the situation end? Did the LEOs tell you to cover it up and be on your way?

This might be a great opportunity to educate the local police force. Perhaps a call to the police chief.

 

[Mr.Hoppes]

It's very surprising how much the Indiana laws regarding carrying a firearm are misunderstood by law enforcement.

How did the situation end? Did the LEOs tell you to cover it up and be on your way?

This might be a great opportunity to educate the local police force. Perhaps a call to the police chief.

I had attempted to explain ( as a good opertunity ) but they were not having any of that ans set about to berate me standing in front of the resturant as people came and went.

I was told to cover up and I went about my business. If I had made any other statements it was very obvious by their attitude and body language I would not be leaving with my family, but them.

I think the contacting the cheif ( sheriff ) was a good idea but leaves me open to the wrath of the duputies, when they are asked about the incident. I think something more official needs to happen and still exploring my options. This is still small town old boys club mentality here, so I would be basically asking the sheriffs cousin or brother in laws to come over kick my butt, tazer me and say I was threatening hiim. I am not wanting to create a legal acton but am afraid anything less will turn ugly quick.

 

[Bill of Rights]

I had attempted to explain ( as a good opertunity ) but they were not having any of that ans set about to berate me standing in front of the resturant as people came and went.

I was told to cover up and I went about my business. If I had made any other statements it was very obvious by their attitude and body language I would not be leaving with my family, but them.

I think the contacting the cheif ( sheriff ) was a good idea but leaves me open to the wrath of the duputies, when they are asked about the incident. I think something more official needs to happen and still exploring my options. This is still small town old boys club mentality here, so I would be basically asking the sheriffs cousin or brother in laws to come over kick my butt, tazer me and say I was threatening hiim. I am not wanting to create a legal acton but am afraid anything less will turn ugly quick.

I would like to think that when they started getting ugly about it, I would have politely replied, "Officer, if you feel you have probable cause within the law to arrest me for failure to comply with a non-existant law, feel free to do so. I will not resist you here, but you and your department will both be the subject of any lawsuit that I file." Then let the chips fall. If he really wants to arrest me for supposed violation of a law that does not exist, I will be most pleased to look upon it as a financial opportunity.

I don't know that I would definitely do that, but if I'm sure that I'm within the law and he's in the wrong, I should have nothing to fear including harassment.

All that said, however, my father (rest his soul) was an attorney and he often said it can be very expensive to be right.

Blessings,
B

 

[bradp]

Plain and simple...morons. You should have told them "ignorance of the law is no excuse." Amazing, I would definately let the chief know his officers don't know the law.

 

[BloodEclipse]

Amazing, I would definately let the chief know his officers don't know the law.

As would I. First it will educate them and second it might prevent some other Citizen from going through what you did. I would in a calm collected manner tell the Sheriff the facts and not add any emotion or try to lay blame. Just a FYI to the Sheriff.

 

[Mr.Hoppes]

yes but this is Amerika and the law does what the law wants and the peopl bvetter at least pretent to be happy about it or you are a person of intrest at least in the eyes of those officers wh o work where you live every day. And Right is right and a beating is a beating and I also have to think about my family. Also once arrested it is nearly impossible to get your permit back. Even the commissoners have trouble getting thier permits reinstated in Indiana.

 

[iam1096]

I was a chief of police and if you don't say anything nothing will change. I would tell the Sheriff what happened and how you feel and tell him. I just want the officers to know what is correct by Indiana law. no report or complain on the officers but they just should know and if I am wrong I need to know.

 

[Bill of Rights]

yes but this is Amerika and the law does what the law wants and the peopl bvetter at least pretent to be happy about it or you are a person of intrest at least in the eyes of those officers wh o work where you live every day. And Right is right and a beating is a beating and I also have to think about my family. Also once arrested it is nearly impossible to get your permit back. Even the commissoners have trouble getting thier permits reinstated in Indiana.

If you get "a beating", you have a clear-cut case of officer abuse, especially when you have witnesses that you didn't resist them.

Also, you won't lose your LTC for an arrest, especially on a charge of violating a law that doesn't exist. They could as easily arrest you for eating white bread or wearing a belt in your pants. There is no law you violated. Which commissioners are you referring to and how do you know that anyone has problems with their LTC being "reinstated"?

Blessings,
B

 

[quiggly]

Isn't it Terre Haute where the LEO's are always saying that Carrying Concealed is against the law?

I tried searching for those posts but I couldn't find them.

 

[Caleb]

If you get "a beating", you have a clear-cut case of officer abuse, especially when you have witnesses that you didn't resist them.

Also, you won't lose your LTC for an arrest, especially on a charge of violating a law that doesn't exist. They could as easily arrest you for eating white bread or wearing a belt in your pants. There is no law you violated. Which commissioners are you referring to and how do you know that anyone has problems with their LTC being "reinstated"?

Blessings,
B

I would think cases as such would be thrown out

 

[ATM]

I was told it said so on the permit if I would read it. Upon reading the permit the deputy couldn’t find the statement he claimed was there.

I'm sorry... you fail... NEXT!

 

[Dogman]

Contact the Sheriff, be nice but let him know what happen. That your concerned is that if his deputies should stop the wrong person about open carry in Indiana that it could end in legal action for an illegal stop. A lot of lawsuits are a result of lack of training on behalf of the department . Afterwards if at some point you feel that your being harrassed keep a paper trail of anything that happens and hire a lawyer.

 

[ryanmercer]

I'd report it, say that some officers, don't give their names etc... but say it would probably be good to go over the fact you can open carry with all of his officers. Just flat out say you don't want to get anyone reprimanded but they need to know the law before they do it to some lawyer having a bad day and he decides to sue their pants off.

 

[Soundslikejosh]

I'd report it, say that some officers, don't give their names etc... but say it would probably be good to go over the fact you can open carry with all of his officers. Just flat out say you don't want to get anyone reprimanded but they need to know the law before they do it to some lawyer having a bad day and he decides to sue their pants off.

Sues the pants off them for what? Slowing the lawyer down and telling him he is breaking a non-existent law? I agree the department should understand the law regarding LTCH, but this business about suing people left and right is rubbish. Our entire world is too lawsuit happy. A LEO telling you that OC is illegal is not a criminal offense, nor is it lawsuit worthy.

 

[indyjoe]

Sues the pants off them for what? Slowing the lawyer down and telling him he is breaking a non-existent law? I agree the department should understand the law regarding LTCH, but this business about suing people left and right is rubbish. Our entire world is too lawsuit happy. A LEO telling you that OC is illegal is not a criminal offense, nor is it lawsuit worthy.

What other redress do you have from illegal enforcement of non-laws? Of course a small conversation is not worthy of a lawsuit. How about those that were relieved of their weapon and detained in the back of a police car for over an hour, because of a non existent law (I think in PA)? At some point, a lawsuit is the only way to redress the treatment.

I fully agree that the US is too sue happy. However there are cases where it is justified.

 

[mosesiscarryingapdw]

Police officers do not know the details of the laws they are supposed to be enforcing, news at 11. I'd be all too happy to file a wrongful arrest suit, I have student loans to pay off.