What we know about the state of the permitless carry law going into effect July 1

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • BigRed

    Banned More Than You
    Site Supporter
    Rating - 100%
    7   0   0
    Dec 29, 2017
    19,243
    149
    1,000 yards out
    For many Indiana conservatives that just means not-democrat. It‘s a way of getting elected when you know your county/district will not vote for a candidate with a D next to his/her name on the ballot.


    Indeed.

    An ignorant population is more easily coerced.
     

    Pepi

    Expert
    Rating - 100%
    1   0   0
    Nov 7, 2010
    1,229
    113
    Hartford City 47348
    Never really made my mind up to how I feel about this. I know a lot of people that will be carrying guns that really shouldn't. How do I know that? Because they are forking crazy.
     

    Denny347

    Grandmaster
    Rating - 100%
    21   0   0
    Mar 18, 2008
    13,432
    149
    Napganistan
    Never really made my mind up to how I feel about this. I know a lot of people that will be carrying guns that really shouldn't. How do I know that? Because they are forking crazy.
    Frankly, a prohibited person on a traffic stop should advise the officer they are legally allowed to possess the handgun. The officer is not allowed to extend the traffic stop for the sole purpose of confirming that information. Unlike before, where a BMV check as part of the stop would reveal the existence of a LTCH. Unless there is a protective order in place. That will show up on a BMV check and then they are kinda fooked. I am curious since ISP will still maintain the current LTCH database, and I'm sure it will still show up on a BMV check, if a previous LTCH denial is reasonable suspicion to believe the person is a prohibited person and can now be investigated as such? It's a pretty low evidentiary bar.
     

    KLB

    Grandmaster
    Rating - 100%
    5   0   0
    Sep 12, 2011
    23,216
    77
    Porter County
    if a previous LTCH denial is reasonable suspicion to believe the person is a prohibited person and can now be investigated as such? It's a pretty low evidentiary bar.
    Is it though? Aren't there a lot of reasons they could have been denied that had nothing to do with being a prohibited person?
     

    KG1

    Forgotten Man
    Site Supporter
    Rating - 100%
    66   0   0
    Jan 20, 2009
    25,638
    149
    Frankly, a prohibited person on a traffic stop should advise the officer they are legally allowed to possess the handgun. The officer is not allowed to extend the traffic stop for the sole purpose of confirming that information. Unlike before, where a BMV check as part of the stop would reveal the existence of a LTCH. Unless there is a protective order in place. That will show up on a BMV check and then they are kinda fooked. I am curious since ISP will still maintain the current LTCH database, and I'm sure it will still show up on a BMV check, if a previous LTCH denial is reasonable suspicion to believe the person is a prohibited person and can now be investigated as such? It's a pretty low evidentiary bar.
    Lemme pull a slight Denny here if I may. Pretty sure a prohibited person cannot legally possess a handgun. :)
     

    Timjoebillybob

    Grandmaster
    Rating - 100%
    1   0   0
    Feb 27, 2009
    9,387
    149
    Lemme pull a slight Denny here if I may. Pretty sure a prohibited person cannot legally possess a handgun. :)
    Yes, he is saying that the best course of action would be for them to lie. They can't extend the stop to check if they are lying without cause.
     

    KG1

    Forgotten Man
    Site Supporter
    Rating - 100%
    66   0   0
    Jan 20, 2009
    25,638
    149
    Yes, he is saying that the best course of action would be for them to lie. They can't extend the stop to check if they are lying without cause.
    I might be inclined to give Denny the benefit of the doubt and he wasn't advising a prohibited person to do that.

    Perhaps maybe he should've worded it differently for arguments sake such as "what's to stop a prohibited person from advising an officer that they are legally allowed to possess a handgun?" " The officer is not allowed to extend the traffic stop for the sole purpose of confirming that information"

    I'm guessing that is the point he was trying to make.
     

    Destro

    Master
    Rating - 100%
    4   0   0
    Mar 10, 2011
    3,905
    113
    The Khyber Pass
    An officer COULD make it a regular habit to personally check MyCase themselves for each traffic stop/encounter to check for warrants along with dispatches check, since not all warrants make it into NCIC/IDACS. Such a check is going to show a good chunk of criminal history and and could provide information that they are a prohibited person, and allow further investigation.
     

    Timjoebillybob

    Grandmaster
    Rating - 100%
    1   0   0
    Feb 27, 2009
    9,387
    149
    I might be inclined to give Denny the benefit of the doubt and he wasn't advising a prohibited person to do that.

    Perhaps maybe he should've worded it differently for arguments sake such as "what's to stop a prohibited person from advising an officer that they are legally allowed to possess a handgun?" " The officer is not allowed to extend the traffic stop for the sole purpose of confirming that information"

    I'm guessing that is the point he was trying to make.
    I'm not saying he is giving advice to a prohibited person. But I agree that is what point I took his post to make.
    An officer COULD make it a regular habit to personally check MyCase themselves for each traffic stop/encounter to check for warrants along with dispatches check, since not all warrants make it into NCIC/IDACS. Such a check is going to show a good chunk of criminal history and and could provide information that they are a prohibited person, and allow further investigation.
    Which would extend the traffic stop, which they are not allowed to do.
     
    • Like
    Reactions: KG1

    KG1

    Forgotten Man
    Site Supporter
    Rating - 100%
    66   0   0
    Jan 20, 2009
    25,638
    149
    Which would extend the traffic stop, which they are not allowed to do.
    Yep. It's like Denny said. The officer is not allowed to extend the traffic stop for the sole purpose of confirming whether or not a person is prohibited from possessing a firearm.

    Now I am not a LEO but I'm gathering that it is standard procedure to check with dispatch for outstanding warrants in the system but anything outside of that would indeed be an action causing an extended traffic stop for something unrelated to the traffic stop.

    The officer can't say to himself "I'm gonna do some digging around through other sources to determine if someone is prohibited from possessing a firearm"
     

    Destro

    Master
    Rating - 100%
    4   0   0
    Mar 10, 2011
    3,905
    113
    The Khyber Pass
    Yep. It's like Denny said. The officer is not allowed to extend the traffic stop for the sole purpose of confirming whether or not a person is prohibited from possessing a firearm.

    Now I am not a LEO but I'm gathering that it is standard procedure to check with dispatch for outstanding warrants in the system but anything outside of that would indeed be an action causing an extended traffic stop for something unrelated to the traffic stop.

    The officer can't say to himself "I'm gonna do some digging around through other sources to determine if someone is prohibited from possessing a firearm"
    you can extend the stop for purposes related to the stop.

    for example, if an officer wants a K9, they can't extend the stop to wait for the K9.

    BUT, if the officer hand types their warnings/tickets into the computer as regular practice, it takes substantially longer to do than simply scanning the barcode on the license and the registration. You can't write all your tickets fast except the ones you call a K9 for.

    Checking for warrants yourself, also a covered activity as related to the stop, is going to show criminal history at the same time, it is not a separate and distinct action. If, during you warrant check you develop reasonable suspicion they may be carrying unlawfully, like a prior felony, you can extend it. The officer just needs to make it a regular practice so they can testify that it is that officers standard practice to check for warrants, and how they do it during the stop.
     

    KellyinAvon

    Blue-ID Mafia Consigliere
    Staff member
    Moderator
    Site Supporter
    Rating - 100%
    7   0   0
    Dec 22, 2012
    24,998
    150
    Avon
    Raise Old Glory and the Gadsden Flag!! Let the celebration begin!!
     
    • Like
    Reactions: KG1

    chipbennett

    Grandmaster
    Site Supporter
    Rating - 0%
    0   0   0
    Oct 18, 2014
    10,974
    113
    Avon
    The people against it, using bad arguments, are still going to be against it, and use the same bad arguments.
    In Marion County, Mears might actually have to do some real, difficult work, bringing solid prosecutions against violent criminals, for the violent crimes they have committed. Here, let me shed a few tears for him...
     

    chipbennett

    Grandmaster
    Site Supporter
    Rating - 0%
    0   0   0
    Oct 18, 2014
    10,974
    113
    Avon
    FTA:

    "It's very limiting. It's very limiting in what we're going to be able to do," said ISP Superintendent Doug Carter.

    Carter told lawmakers he was against the law before they passed it. One of his concerns: Officers won't be able to tell a good guy with a gun from a bad guy.

    "What I do have issues with is limiting our ability to determine a proper person," Carter said. "That's the biggest issue here because it worked."

    It worked? Really?!? Post-Pinner, it worked?!? "Bad guys" were no longer carrying firearms?

    And, how is it difficult to tell a good guy from a bad guy? Protip: the bad guy will be the one committing crimes and harming innocent people.

    I'd call Carter a clown, but why besmirch clowns?
     
    Top Bottom