The Open Carry Argument

[actaeon277]

Well, I'm one step away from open carry. I carry OTB under an untucked button down (with cargo shorts). No one has ever said anything as of yet. Well, one time the guy at the ammo counter of Walmart asked me what I carry. He may not have noticed, just asked in general.?

Remember when you started CCing, the feeling EVERYONE was looking at you?

Be prepared for that to make a comeback.

 

[tmcindy]

Remember when you started CCing, the feeling EVERYONE was looking at you?

lol, yes, I remember that very well.

 

[wtburnette]

Well, I wonder how they are here in Indy? Perhaps I should find out? I ain't skeered, just thought it would be a constant hassle.

Honestly will depend most on what part of Indy you're talking about.

 

[Hawkeye]

open carry stopped by hobart pd while pumping gas

Yup. Minding my own business. Before the recording all that happened was he asked me if I was the police. I said no he said why are you carrying like that. I said because im lawfilly carrying. Then u see the video. The guy in civilians is an off duty isp with a squad car I motioned for him to...

www.indianagunowners.com

Wasn't Hobart the location of a LEO telling someone they could not carry in the CIty park? Maybe a year or two back?

 

[Grump01]

Wasn't Hobart the location of a LEO telling someone they could not carry in the CIty park? Maybe a year or two back?

Are you thinking about the Evansville Zoo in I think Mesker Park?

 

[Hawkeye]

Are you thinking about the Evansville Zoo in I think Mesker Park?

No. Not thinking of that one. It was someplace in NWI. I think Hobart...

 

[Pepi]

Wonder if Jewayne Price would have walked free if South Carolina had open carry. Appears that is all he is charged for ?

 

[wtburnette]

No. Not thinking of that one. It was someplace in NWI. I think Hobart...

I had a conversation with a park ranger about IN pre-emption overriding park rules on carry, but can't remember the park. Wasn't in NWI though.

 

[KLB]

Wasn't Hobart the location of a LEO telling someone they could not carry in the CIty park? Maybe a year or two back?

Hobart was at a gas station. Act posted it here.

open carry stopped by hobart pd while pumping gas

Yup. Minding my own business. Before the recording all that happened was he asked me if I was the police. I said no he said why are you carrying like that. I said because im lawfilly carrying. Then u see the video. The guy in civilians is an off duty isp with a squad car I motioned for him to...

www.indianagunowners.com

The park was further back. Maybe you are thinking of St John?

Saint John Indiana, NOT gun friendly

I don't want to say too much until after I file a complaint with the chief, but I am :xmad::xmad::xmad: My wife and I were on the wrong end of a "man with a gun" call. The only plus is that neither my wife nor I were proned out, but we were berated for about 15 minutes this evening. I'll be...

www.indianagunowners.com

 

[Hawkeye]

Hobart was at a gas station. Act posted it here.

The park was further back. Maybe you are thinking of St John?

Saint John Indiana, NOT gun friendly

I don't want to say too much until after I file a complaint with the chief, but I am :xmad::xmad::xmad: My wife and I were on the wrong end of a "man with a gun" call. The only plus is that neither my wife nor I were proned out, but we were berated for about 15 minutes this evening. I'll be...

www.indianagunowners.com

Hmmm. No on both. Well aware that Act had posted a link to a Hobart gas station interaction. That's what prompted my little grey cells to start spinning.

What I am recalling, vaguely, is a city park (well after the preemption statute) and a local LEO telling someone he couldn't carry in the city park, pointing out a sign that said so. May not have been Hobart - maybe Hammond. Perhaps not on INGO? Maybe on FB? Lots of recommendations that the guy contact Guy Relford...

Wan't St John either as that was 2010 which I believe was before out preemption statute.

 

[Hawkeye]

I had a conversation with a park ranger about IN pre-emption overriding park rules on carry, but can't remember the park. Wasn't in NWI though.

State Park? (Only National would be Indiana Dunes, I guess...)

 

[actaeon277]

Hmmm. No on both. Well aware that Act had posted a link to a Hobart gas station interaction. That's what prompted my little grey cells to start spinning.

What I am recalling, vaguely, is a city park (well after the preemption statute) and a local LEO telling someone he couldn't carry in the city park, pointing out a sign that said so. May not have been Hobart - maybe Hammond. Perhaps not on INGO? Maybe on FB? Lots of recommendations that the guy contact Guy Relford...

Wan't St John either as that was 2010 which I believe was before out preemption statute.

Hammond was in trouble for having a law against carrying in the park, and it was taken to court.
Court ruled it was okay to have the law, as long as they didn't enforce the law.

 

[wtburnette]

State Park? (Only National would be Indiana Dunes, I guess...)

Yep, State Park. Wife and I were hitting parks in the state doing some hiking and seeing the sights. Went to this one and had to laugh at the rules sign in the parking lot. Ran across the ranger at the visitor center and started talking. Told him how the rules sign posted in the parking lot that said weapons were prohibited was unenforceable and that IN had a preemption that made such rules at a park moot. He had no idea. This was 5 or 6 years ago, maybe the information is more widely understood now, but I wouldn't be shocked to find out otherwise.

Hammond was in trouble for having a law against carrying in the park, and it was taken to court.
Court ruled it was okay to have the law, as long as they didn't enforce the law.

 

[Timjoebillybob]

Yep, State Park. Wife and I were hitting parks in the state doing some hiking and seeing the sights. Went to this one and had to laugh at the rules sign in the parking lot. Ran across the ranger at the visitor center and started talking. Told him how the rules sign posted in the parking lot that said weapons were prohibited was unenforceable and that IN had a preemption that made such rules at a park moot. He had no idea. This was 5 or 6 years ago, maybe the information is more widely understood now, but I wouldn't be shocked to find out otherwise.

I don't believe that is quite accurate, unfortunately. Prememtion applies to political subdivisions, the state govt is not a subdivision. Although the DNR generally allow carry, but they prohibit carry at their shooting ranges. I believe the unemployment office also prohibits it along with the IN state museum and historical sites. Not to mention the IN gaming commission.

IC 35-47-11.1-2Political subdivision regulation of firearms, ammunition, and firearm accessories prohibited
Sec. 2. Except as provided in section 4 of this chapter, a political subdivision may not regulate:
(1) firearms, ammunition, and firearm accessories;
(2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and
(3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories.

As added by P.L.152-2011, SEC.4.

 

[wtburnette]

I don't believe that is quite accurate, unfortunately. Prememtion applies to political subdivisions, the state govt is not a subdivision. Although the DNR generally allow carry, but they prohibit carry at their shooting ranges. I believe the unemployment office also prohibits it along with the IN state museum and historical sites. Not to mention the IN gaming commission.

IC 35-47-11.1-2Political subdivision regulation of firearms, ammunition, and firearm accessories prohibited
Sec. 2. Except as provided in section 4 of this chapter, a political subdivision may not regulate:
(1) firearms, ammunition, and firearm accessories;
(2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and
(3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories.

As added by P.L.152-2011, SEC.4.

I can't remember where I'd read it, but I recall reading something a few years ago specifically about the pre-emption overriding state and city park rules. Now I have to go back to try to find that article...

 

[Timjoebillybob]

I can't remember where I'd read it, but I recall reading something a few years ago specifically about the pre-emption overriding state and city park rules. Now I have to go back to try to find that article...

City/town/county parks and just about anywhere else that isn't prohibited by law, except buildings that contain a courtroom. They can still make those off limits. But state agencies can. At least that is how it was explained to me on here.

 

[wtburnette]

City/town/county parks and just about anywhere else that isn't prohibited by law, except buildings that contain a courtroom. They can still make those off limits. But state agencies can. At least that is how it was explained to me on here.

I had mostly taken the info on Handgunlaw.us as gospel, when it stated that carry in State Parks was legal in IN, with the exception of Falls of the Ohio State Park. I could have sworn I also read an article specific to the pre-emption and parks in IN, but I could be misremembering...

 

[Timjoebillybob]

I had mostly taken the info on Handgunlaw.us as gospel, when it stated that carry in State Parks was legal in IN, with the exception of Falls of the Ohio State Park. I could have sworn I also read an article specific to the pre-emption and parks in IN, but I could be misremembering...

It is legal in state parks, except as you mentioned Falls of the Ohio and any resevors controlled by the ACoE. But not because of preemption, but because the DNR changed their rules. It's not in the IC but in the IAC the administrative rules the departments set.
(4) The person possesses a handgun on a DNR property other than a reservoir owned by the U.S. Army
Corps of Engineers or Falls of the Ohio State Park:
(A) with a valid unlimited license to carry a handgun:
(i) issued under IC 35-47-2-3; or
(ii) recognized under IC 35-47-2-21(b); or
(B) pursuant to an exemption to handgun licensure requirements as authorized under IC 35-47-2-

http://iac.iga.in.gov/iac/20100407-IR-312090470FRA.xml.pdf

 

[Timjoebillybob]

I had mostly taken the info on Handgunlaw.us as gospel, when it stated that carry in State Parks was legal in IN, with the exception of Falls of the Ohio State Park. I could have sworn I also read an article specific to the pre-emption and parks in IN, but I could be misremembering...

And I believe it is legal to carry anywhere not prohibited by state or federal law. Schools, post offices, etc. They can just kick you out and ban you. So if you go to a state historical site or into an unemployment office and it's posted you can't be arrested or fined.

 

[thedreamer]

And I believe it is legal to carry anywhere not prohibited by state or federal law. Schools, post offices, etc. They can just kick you out and ban you. So if you go to a state historical site or into an unemployment office and it's posted you can't be arrested or fined.

This is my understanding of how it works even inside parks and other such places as well. I have never had anyone say anything to me before.