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Thread: Question about open carry and probable cause for police questioning.

  1. #51
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    Quote Originally Posted by gunny View Post
    If a gun owner is not licensed with a CCW, that person cannot carry the weapon outside of his/her home property, business or vehicle. Regardless if it's in plain view or concealed on his/her person.
    Out of curiosity, does that mean that I need to have a CHL to take my handgun (unloaded and locked in my vehicle) from home to a shooting range if I lived in Indiana?

  2. #52
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    Without a LCH it would be illegal. Read:

    IC 35-47-2-1 Sec. 1. (a) Except as provided in subsection (b) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body, except in the person's dwelling, on the person's property or fixed place of business, without a license issued under this chapter being in the person's possession.
    "However horrible the incident of war may be, the soldier who is called upon to offer his life for his country, is the noblest development of mankind." - General of the Army Douglas MacArthur, Manila, 24 August 1936

  3. #53
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    Quote Originally Posted by Alpha Sierra View Post
    Out of curiosity, does that mean that I need to have a CHL to take my handgun (unloaded and locked in my vehicle) from home to a shooting range if I lived in Indiana?
    Thanks for posting that I.C. abnk. If I had contact with you (alpha sierra) under the scenario you listed & I trusted that this was indeed where you were going, I doubt it would become an issue for that purpose alone. Obviously you have to be able to get from home to the range & I don't think you can travel Star Trek style yet . I'm embarassed to mention that I've never thought of that question nor had occasion to deal with that scenario yet. We would prolly never know anyway unless you told me, provided the gun was not in plain view for an officer to question it, i.e., traffic stop.
    "People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." --George Orwell--

  4. #54
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    gunny,


    If you really enforced that legislation, half of the people at the range (and even some training courses) would be busted.
    "However horrible the incident of war may be, the soldier who is called upon to offer his life for his country, is the noblest development of mankind." - General of the Army Douglas MacArthur, Manila, 24 August 1936

  5. #55
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    Quote Originally Posted by Alpha Sierra View Post
    Same in Ohio. Changes to our firearm laws effective 3/14/07 rendered local gun control ordinances null and void, making open carry legal anywhere in the state where you can have a firearm.
    As far as Ohio goes, open carry by some determined people played an enormous role in getting the law passed for concealed carry. If not for those people and their demonstrations, it would still be very difficult to carry legally in Ohio (and it would always be openly). Now they have a choice and the law continues to mature. It's a good thing.

    As always, people who do such things need to understand why and the ramifications of their behavior. Examples from such places as New York City, Washington DC, Chicago, and other urban areas where personal liberty is dead are interesting, but they may not be pertinent to life in America. Know the laws and socio-political climate of your location well, and make an informed decision.

  6. #56
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    Quote Originally Posted by Alpha Sierra View Post
    Out of curiosity, does that mean that I need to have a CHL to take my handgun (unloaded and locked in my vehicle) from home to a shooting range if I lived in Indiana?
    As abnk noted, you do need a license to transport a handgun in Indiana (with the minor exceptions noted in the IC).

    On the bright side, Indiana was one of the first (if not the first) to unilaterally recognize carry licenses and permits from all other 49 states. In addition, licenses from foreign countries are valid in Indiana, which is probably unique among all of the states where a license is needed. Obviously anyone who can legally possess the gun can carry in Alaska and Vermont (as it should be) without a license or permit.

  7. #57
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    Quote Originally Posted by abnk View Post
    gunny,


    If you really enforced that legislation, half of the people at the range (and even some training courses) would be busted.
    Exactly. That's why I don't sweat it & neither should anyone else . It's rare that anyone gets busted for this type of weapons violation where I live & work.
    "People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." --George Orwell--

  8. #58
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    Locations ...

    As someone else noted, when we're discussing things like this, it's important to note location or jurisdiction, especially if your residence is not obvious on your messages.

    I'm in Indiana and all of my comments pertain to Indiana.

    For what it's worth, we do not have any kind of "CCW" or "CHL" here. We have the "Indiana License to Carry Handgun." Concealment is not mentioned in the Indiana Code, so concealed or open carry is at the discretion of the license holder, but a license is required for either.

  9. #59
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    Quote Originally Posted by NickB View Post
    Not a friend - I've only met the guy once. Why do you think he won't end up as a LEO? Word travels fast within departments, but do you honestly think an incident like this is enough to justify torpedoing him with other departments? I think that may have been a pretty empty threat considering no law was broken, and no citation was issued.

    First of all, we need more officers who are for the protection of the rights of the individual. So I applaud your decision to become a cop. That said, now you know what assholes you will be working side-by-side with. At least that is what you can say about her opinion. Hopefully, she is the minority of officers. However, maybe you and your friends can turn the tide.

    Secondly, if it was me, I would file a complaint for harassment. Her comment was not different than her saying "you shouldn't be black, because black people make us all nervous". Their picking you out because you carry a gun (a protected civil right) is no different than them picking you out because you were black.

    Third, I would have told her that "That is your opinion, and I am sure my attorney and the judge have a different view as do the people who make the laws for this town and the state. So if my exercising my protected rights make someone nervous, that is too bad for them." (My dues for my legal counsel insurance are paid up.)

    In the future, if you are going to openly carry a gun, you might also want to carry something to record your police conversations in an inconspicuous manner. I use my cell phone.

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